Law Essay Samples

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Simon based his instrument on 62 objective items of information that described the probationer's personal or criminal history. All these items could be found in government or case records, although not all had any apparent relevance to the likelihood of re-offending. The criterion for failure was re-conviction of a Standard List offence within three years of the probation order commencing. Simon's sample consisted of 539 young men between the ages of 18 and 21, who all began probation orders in 1958. Simon carried out 17 predictive analyses on the data using a variety of methods and selections of the 62 variables. Most of these analyses produced a predictor of moderate power on construction, but almost all shrank considerably on validation.
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Thus a trust power creates a duty to act in some form but a mere power does not. However the courts have seen fit to engage, if not marry, mere power into trusts. If the appointee of the power fails to use it the courts will intervene in certain situations. The courts have imposed a duty on the appointee to consider the use of his power, to exercise it within the trust and not capriciously. These are identical to those of a trust power, the difference being that the courts look willing to administer the [trust] powers whereas they will only stop the use of mere powers if used incorrectly.
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The theory is governed by rational choice motivational assumptions: "individuals act so as to obtain maximum advantage." Thus the discriminator will have the incentive to discriminate if there is gain involved. However, the mere existence of incentive does not necessarily imply the power to bring the system into being. The advantage therefore has its roots not in the comparison between two actions which the discriminator might perform, but arises almost regardless of the person's actions from the person's comparative positions in two social systems: one free of discrimination and the other including racial discriminatory social precedence.
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