Legislation

The Indian law of designs is enshrined in the Designs Act, 2000. The Act seeks to provide for the registration of designs in India. The rights granted under the Act are operative in the whole of india.

What is a Design

A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work .

Design Act protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.

Classification*

Almost all jurisdictions including India follow Locarno Classification for registration of design comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes. Most of the classes are further divided into sub classes. Design applications must be filed in a particular class depending upon the predominant material with which the article is made or is capable of being made.

Rights conferred by registration

The registration of a design confers the proprietor copyright in the design for the period of registration. Copyright means the exclusive right to apply the design in respect of the article for which it is registered.

Who Can Apply For A Design

An inventor or any other person/company assigned by the inventor can apply and obtain the registration for the design.

Filing and Prosecuting Design Applications

An application for design on Form-1 accompanied by four copies of representation of the design and prescribed fee of Rs. 1000/- is filed at one of the four office of the Patent Office located at, Kolkata, Mumbai, Delhi and Chennai. The Designs Office initially provides a filing number and filing date and issues a filing receipt, which is sent to the applicant or his attorney. Thereafter the application is formally examined by the Designs Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Designs Office issues the registration certificate.

Duration of registration

The term of a design registration is initially for a period of ten years. The renewal is possible for further period of 5 years.

Remedies For Infringement

It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor’s duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are -

Injunctons whether interim or final.
Damages.
Use of Design In Foreign Countries

Design rights are granted on a country-by-country basis. An Indian registration provides protection only in India and its territories. If the proprietor of a design wishes to protect a design in other countries, the owner must seek protection in each country separately under the relevant laws.

International design protection

There is no system as yet wherein a single design application is sufficient to protect the design right internationally. However, Paris convention * provides certain privileges to member countries in design registration. A party who files design application in a member state of the Convention, such as India, can within six months of that filing date file applications in other member countries claiming the priority of the first application. If such a design is accepted for registration it will be deemed to have registered from the same date on which the application is made in the home country.

* Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.

* Classification for the Purposes of the Registration of Designs

According to the Locarno Classification system the Designs Register is divided into 32 classes. The application for design has to be filed in a particular class to obtain protection in that class.
List of classes :

CLASS 1

Foodstuffs.

CLASS 2 Articles of clothing and haberdashery.
CLASS 3

Travel goods, cases, parasols and personal belongings, not elsewhere specified.

CLASS 4

Brushware.

CLASS 5

Textile piecegoods, artificial and natural sheet material.

CLASS 6

Furnishing.

CLASS 7

Household goods, not elsewhere specified.

CLASS 8

Tools and hardware.

CLASS 9

Packages and containers for the transport or handling of goods.

CLASS 10

Clocks and watches and other measuring instruments, checking and signalling instruments.

CLASS 11

Articles of adornment.

CLASS 12

Means of transport or hoisting.

CLASS 13

Equipment for production, distribution or transformation of electricity.

CLASS 14

Recording, communication or information retrieval equipment.

CLASS 15

Machines, not elsewhere specified.

CLASS 16

Photographic, cinematographic and optical apparatus.

CLASS 17

Musical instruments.

CLASS 18

Printing and office machinery.

CLASS 19

Stationary and office equipment, artists’ and teaching materials.

CLASS 20

Sales and advertising equipment, signs.

CLASS 21

Games, toys, tents and sports goods.

CLASS 22

Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.

CLASS 23

Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel.

CLASS 24

Medical and laboratory equipment.

CLASS 25

Building units and construction elements.

CLASS 26

Lighting apparatus.

CLASS 27

Tobacco and smokers’ supplies.

CLASS 28

Pharmaceutical and cosmetic products, toilet articles and apparatus.

CLASS 29

Devices and equipment against fire hazards, for accident prevention and for rescue.

CLASS 30

Articles for the care and handling of animals.

CLASS 31

Machines and appliances for preparing food or drink, not elsewhere specified.

CLASS 99

Miscellaneous.

——————————————————————————–

I was 14 years old when my mother came home from the hospital and told me my father had died. “How did it happen?” I asked. “Why did it happen,” my brother questioned. “What happened?” asked our dazed and confused family.

From that day forward, I began to learn what a malpractice lawyer does. I learned that we had more questions than answers. My dad was young, only 46 years old. He wasn’t supposed to die. He had a family with three young children. He was gainfully employed and worked hard to provide for our family.

Our lawyer got the hospital records, and he had a medical expert review the records. The more our lawyer probed, the more questions we raised. “Why was he given that medication?” “When did the nurse arrive?” “Why wasn’t a blood test ordered?” “What happened when…”

Years later, while I was in college, our case came up for trial. I joined my mom for part of the trial, since it was during final exams. Being in Court was unfamiliar territory. Everything was formal. The procedures, the words, the questions-all need explaining. Our lawyer was a big-time lawyer whose hair was gray and was respected by numerous lawyers who passed him in the hallways in the courthouse. Their nods and greetings were deferential- with respect for his accomplishments and greatness.

I watched with fascination the rapt attention everyone had during cross-examination of the primary target in the case- a young doctor in training who committed the gravest of medical sins. Our lawyer was intense. The barrage of questions put to the young unapologetic doctor were non-stop. The answers were not satisfactory to our lawyer, or to the jury, or so it seemed to me.

The tension in the Court room was palpable and created knots in my stomach. The defense attorney was gentlemanly and put on airs. In my book he was a phony and I was hoping the jury would see through it.

Closing arguments came after three weeks of trial. I managed to arrive just as the trial resumed that day. I rushed from school to be in Court with my mom. What I witnessed that day caused me to apply to law school. Before that day, I was a biology major and was intent upon applying to medical school. You see, my father was a doctor and most of my family are doctors. I thought that was the path I’d naturally take. Not after witnessing closing remarks.

It is now twenty three years later and I vividly remember the day our famous lawyer made his closing remarks to the jury hearing our malpractice case. Neither the lawyer or my mother are alive today, but my memory of that trial lives on till today.

I remember most clearly the accusations directed at the young inexperienced doctor. I saw his red face and neck. I wanted to reach across the aisle of the courtroom and pummel him with my fists. That would be true justice! That would satisfy my anger that had built up for years waiting for this disputed case to come up for trial. Fortunately for the doctor, my senses overcame my desires to quash this little bug. He never knew what I wanted to do to him that day.

On that day, I realized that this lawyer- this ordinary looking, gray-haired man, who had accomplished great things legal- was telling a story so simple and clear that I realized anyone could do this. That day, I decided to become a lawyer.

One would think that with such a great lawyer anything would be possible. Unfortunately for my family, the results were not what we would have hoped. Despite this second loss, the first being losing my dad, I picked myself off and sent out those law school applications. I had one thing on my mind…to become a trial lawyer.

I’ve been a medical malpractice trial lawyer for the past 17 years now. The first 4 years as a defense lawyer representing doctors, hospitals and folks sued in accident cases. The next 13 years I spent representing injured victims in their quest for justice. When asked by a colleague which I prefer, representing injured victims or the wrongdoing doctor, my answer has always been clear…the injured victim.

My experience helped me understand what injured people have endured. It has allowed me to be more compassionate about the people I have the privilege of representing. This is my calling.

This is a true story.

Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

An accident injury can happen almost anywhere: at home, at work, on the road, shopping, during sport activities and so on. Each of these situations may bring many troubles, particularly if the injury is severe enough to affect your personal lifestyle or your ability to work for a longer time. However, with an accident injury claim it helps to compensate losses caused by the accident injury.

It isn’t always 100% recoverable such an annual holidays with friends and family. This and many others of the likes are not recoverable. It’s something you have to miss.

You can on the other hand retrieve any money paid for medical treatments, journeys in relation to the accident such as visits to physiotherapy or medical center. This is recoverable once your compensation claim is settled.

‘No Win No Fee’ Revolution

Since 1998, solicitors work on a ‘No Win No Fee’ scheme, abolishing Legal Aid. It was put in effect due to many people no being able to get legal aid and didn’t bother with their compensation. It made it easier and cost-free for the accident victim.

Now, if you win your injury claim, you don’t pay any fees and you get 100% of your money. The fees are recovered from the losing party. And if you lose, it still won’t cost you anything if you use a quality accident solicitor who would write the costs off.

No Fees Or Costs

Therefore, no payment is required by an accident solicitor until the final verdict is reached. Yet still you don’t pay for it. Being able to get a free assessment is another bonus as it allows you know for sure if you definitely have a claim for compensation. The solicitor should not hassle you to proceed.

But they will advise you with the benefits to go ahead with an accident injury claim. If you do contact them, YOU decide if you want to make use of their skills and experience.

Briliant Personal Injury Solicitor

A quality claim solicitor will go through the stages of proceeding with an injury claim. Being able to predict possible payout figures and also the time it might take. Just by listening to them will you be able to examine their professionalism. They should have your interest at heart and shouldn’t be taking your case, just for the money.

Another absolute bonus is taking no deductions from your injury compensation, no loans being set up or any hidden interest - no catches or tricks. This would outline that the service of an injury solicitor is free for real. For you, it means there are no costs and no risk involved.

Business Ethics

As the circumstances of every accident may vary, every accident claim requires an individual approach. A solicitor should take care of every detail of your compensation claim, so you may relax and wait for the results of their work. They should be highly skilled and experienced, as a result of numerous settled cases.

Brilliant compensation solicitors are hard to find these days. But by finding one and not being able to contact them on some occasions does not mean they don’t know about you or your case. They will be doing everything in their power to settle your claim.

Also being part of an elite group of solicitors, they will have experience. Experience for converting technical jargon to the simplest format for you to understand. Advice is one powerful quality a solicitor gives you, so listen to them.

The Aftermath

If you had an accident, it leaves painful, traumatic memories and affects your lifestyle in many troublesome ways. Many of these bad experiences cannot be undone, but can be compensated. It’s one of the main reasons why you shouldn’t wait around with an accident claim in your pocket.

With a personal injury solicitor’s help, you can get what you deserve for your suffering and perhaps it may help you to start a new, better chapter in your life.

It’s easy to make an accident injury claim with a quality accident solicitor on your side. Discover, the 12 ‘Revolutions’ in a positive personal injury culture at http://www.compensationsecrets.co.uk/accident-injury-claim.html

Social Security has Impairment Listings for Heart Ailments, Back Ailments, etc. Fibromyalgia is not found among the Impairment Listings. Thus, an applicant cannot obtain a favorable disability “Impairment Listing” ruling because Fibromyalgia is not found among the Listings. The inquiry must proceed further.

Social Security has a five step disabilty process. First, if you are working, then the inquiry stops. Second, if you do not have a “severe impairment,” the inquiry stops. Third, if you are not working and you have a “severe impairment” the next inquiry is does your “severe impairment” meet or equal a Listed Impairment. You cannot win a fibromyalgia case at this step because there is no listing for fibromyalgia although it can be a “severe impairment” and get you past step two. Thus, with a fibromyalgia case, you will have to go to step four. At step four the judge must decide if you can do your past relevant work (PRW). This is any work you did in the past 15 years prior to your onset of disability. If the judge finds you cannot do PRW, then you go to step five which is can you do any other work in the national economy. All my fibromyalgia cases have gone to step five.

Social Security has begun to recognize fibromyalgia as a legitimate impairment:

On May 11, 1998 the Deputy Commissioner for Disability indicated as follows: Fibromyalgia is a disorder defined by the American College of Rheumatology (ACR) and we recognize it as medically determinable if there are signs that are clinically established by the medical record. The signs are primarily the tender points. The ACR defines the disorder in patients as “widespread pain in all four quadrants of the body for a minimum duration of 3 months and at least 11 of the 18 specified tender points which cluster around the neck and shoulder, chest, hip, knee, and elbow regions.” Other typical symptoms, some of which can be signs if clinically documented over time, are irritable bowel syndrome, chronic headaches, temporomandibular joint dysfunction, sleep disorder, severe fatigue, and cognitive dysfunction.

Thus, with the above in mind, you try to win a fibromyalgia case with a report from a doctor who specializes in arthritis or rheumatology and who can state the claimant’s case meets the above guidelines & the impairment is so severe it affects the claimant’s functions to such a degree the claimant cannot work. Of course, the doctor needs to itemize how the fibromyalgia adversely affects standing, walking, lifting, sitting, reaching, etc. The doctor’s treatment records need to support his disability report.

For more advice, you can contact us at www.virginiadisabilitylawyer.com or email us at jervalaw@aol.com or reach us at www.geraldlutkenhaus.com

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed.

Gerald G. Lutkenhaus, representing Social Security Disability claimants for 30 years in the Central Richmond Area in Virginia. Given Martindale Hubbell’s highest rating in 2003, http://www.virginiadisabilitylawyer.com

Judgment liens can be placed against ones home or other assets when they refuse to pay credit card bills, home improvement bills, or just about any other type of bill. All a creditor needs to do is pursue payment and if the homeowner is not able or unwilling to pay, the creditor can go to court and a judge can place a lien against the home of the person that owes the debt. While a judgment is often said to not be as serious as a tax lien, it is still something that someone should try to avoid and do away with if they have a judgment lien placed against them. Whether it’s a tax lien or a judgment lien, these things are best dealt with right away rather than ignored.

Of course, it goes without saying that if you really ant to avoid having judgment liens placed against your home that you should pay your bills. But, we’ve all been in a situation where we just can’t afford all of the things we need to pay. If you are in this situation, there is no shame in it because every now and again things come up and our bills just seem to grow and grow. Thankfully, judgment liens will not be filed the first day you have a late bill. If you are just going through a tough period where you need a little more time than usual, you’ll usually be just fine and will not even have to think twice about judgment liens. Judgment liens don’t happen when you’re a couple weeks late on your credit card bill or if you forget to pay the landscaper for a month or even two.

But, if you go for long periods of time without paying a bill and without responding to attempts to collect the debts you owe, you might have to deal with judgment liens. Thankfully, this won’t happen without your knowledge. You will usually receive notices from the creditor that they are going to court to file liens against you so that they can receive payment for their services or products. At this point it is a good time to swallow your pride and call the creditor and try to work out a payment plan that is something you can stick to in your financial situation and is something that the creditor will be happy with. In the end, no one wants to go to court, not you, or the creditor, so if you just communicate you can usually get him or her to stop the legal action and allow you to pay him or her off as you can, as long as you actually intend to do so. Most creditors will be happy to work with you, as they’ll make more money on the interest they can charge you! Also, a creditor loses money when they have to take the time to prepare their case against you for court, so they’d rather get the payments a little late than have to go through the court process.

If you receive a notice that a hearing is scheduled in the attempt to place a lien against your home for nonpayment for services or products, you should show up to the hearing. You should state your case, especially if you believe that you do not owe the creditor, or if you dispute the amount that they are charging. Creditors are often willing to forego late fees and even interest charges if you are willing to pay them off sooner rather than later. If you are not present to defend yourself, the court will assume that the debts are valid and will go ahead and place the lien against your home, so it is in your best interest to go to the hearing as the court will often order a continuance or even a dismissal if they think that the circumstances warrant it. The worst thing that can happen if you show up is that the court does order the judgment lien, the best thing that can happen is that you are given more time to pay the outstanding debts before any legal action is taken.

Judgment liens typically are not something that will affect you right away; it just means that you cannot sell your house without paying off the debt. This means that the lien placed against your home will be paid off before you see any of the proceeds from the sale. If the lien is small, perhaps this isn’t a big issue for you. If the lien is larger this might be something you want to think about because it could keep you from having a large enough down payment for a new home. Judgment liens typically have an interest rate attached to them according to state statute. This means that a lien isn’t just a long-term loan between friends; it means that the lean holder is compensated for not having been paid for their services or products right away. The interest on the lien can grow quickly, making the debt more and more difficult to pay off before the sale of the home.

The best thing to do is deal with your bills right off. When the collection agencies start calling, don’t be afraid to talk to them. Tell them that you want to pay your bills, but that you can’t afford their arrangements. While the creditor may initially balk at the idea, eventually they’ll see that they can get their money from you if they do it on your terms. So, if you can’t pay your bills right away, pay them as you can and let the creditor know that you are making every attempt possible to pay the bills. If you can show a judge that you have been communicating and making regular payments to the creditor you may be able to avoid a judgment lien altogether. Judgment liens are not the end of the world, but they are best avoided so pay your bills or communicate with your creditor and attempt to pay off the debt, as you are able.

Visit :
Foreclosures and East Bay Real Estate.

Louisiana’s legal system is different from other American state laws. Initially it was based on Napoleonic code, though it is now gradually falling in line with other American states. Napoleon had based his legal system on Roman law and codified it. The rest of American states, however, follow the English common law, which is based on court precedent. The ruling of one judge may influence the ruling and judgment of another judge. In case of Napoleonic code, the laws are passed by the legislative branch and are interpreted by the judges. Documents and other legal statements need to be written in certain formats that are specific to the state of Louisiana only, and need to be understood accurately.

When in Rome, do as the Romans do. It would, therefore, be more advisable to choose a lawyer from Louisiana, if you are legally involved in that state.

Louisiana, like all American states, has a large number of lawyers in its cities and counties like Alexandria, Houma, Baton Rouge, Covington, Hammond, LaPlace, Kenner, Monroe, Bossier City, Lake Charles and New Orleans, practicing in all types of legal fields like insurance, accidents, injuries, divorce, family and business disputes, probate and real estate problems. There is a lawyer for every situation which requires legal attention and formalities.

There are directories of lawyers you can consult in each city and county. You can also surf the web to read these directories. There are law centers or libraries. You can go there and go through the books pertaining to your type of case. The added advantage of consulting such books is that you can know which lawyer or law firm successfully dealt with your type of problem.

You can also consult some of your friends to check the capability of the lawyer you want to contact. But you must be careful: a lawyer who was more capable in your friend’s case may not be as suitable in your case, because of the nature of the case and the lawyer’s area of expertise. Every legal case, like every medical problem, is unique, though it may ostensibly appear similar. Therefore, a lawyer good in one area may not necessarily be good in all cases. In cases of certain citizens whose income is very limited, free legal service is also available.

Louisiana Lawyers provides detailed information about Louisiana lawyers, Louisiana probate lawyers, Louisiana real estate lawyers, Louisiana divorce lawyers and more. Louisiana Lawyers is the sister site of New Jersey Business Lawyers.

Introduction

The issue of guns being used for criminal purposes is not new to society and have been used since there invention by both criminals and law abiding citizens alike. There has been, however, an alarming increase within the United Kingdom were guns have been used during criminal offences. As stated before, guns have always been available to the criminal fraternity, so why has there been a sudden increase in their use within the United Kingdom. This article will assess the whether there has been an explosion of gun crime in the United Kingdom over the past two decades. The facts and figures that support the assertion that gun crime is on the increase will need to be examined first. There are many sources which have released conflicting statistics regarding the escalation of guns used in criminal activities. If the general overall perception is that gun crime is on the increase, the factors for this belief will be assessed next. There are the obvious sociological implications regarding why gun crime has exploded, however, is this rise due to the fact that guns are easier to get hold of in today’s society. Evidence supporting this assertion will be considered. Finally, if gun crime is on the increase, the possible solutions of curtailing this trend will be considered. This article will conclude that in relation to public perceptions, statistics do not matter. The state of affairs regarding the rise in gun crime is played out in the media by those with hidden agendas, those who have a vested interest in giving police more powers to carry guns, and of course, those who wish to sell more papers.

Figures Don’t Lie but Liars Can Figure

There are many sources that state that gun crime in the United Kingdom is spiralling out of control. Some terrifying statements have been made regarding the use of guns in today’s society. Indeed, David Bamber has claimed that gun crime has trebled as weapons and drugs flood British cities (Home Affairs Correspondent Filed: 24/02/2002). An independent report by Illegal Firearms in the UK, (Centre for Defence Studies at King’s College in London) states that handguns were used in 3,685 offences last year compared with 2,648 in1997, an increase of 40 per cent. These statistics are pretty intimidating. If anybody was taking these two sources of information literally, anybody would think that we are living in a lawless society. Are these statistics a true reflection of the state of affairs regarding gun crime within the United Kingdom? Gun crime, according to the Home office has risen 3% in the last year, and this has followed a 2% rise from the previous year. Nevertheless, there has been a 15% reduction in the death rate for gun related crime. Indeed, Hazel Blears Home office and MP for Salford has stated that crime has fallen for the last 20 years with people less likely to be a victim of crime than 20 years ago. It is possible to deduce from these figures that there is a slight rise in gun crime. Gun ownership is tightly controlled in the UK, but anyone reading the newspapers or watching TV would think that the streets were full of gun-toting criminals. The overall level of gun crime remains low, but it is certainly true that in some areas guns are a feature of everyday life, and that over the last four years crime involving the use of some kind of gun has been on the increase.What are the possible explanations for this?

Sociological Explanations for the Rise in Gun Crime

Crime has always had a symbiotic relationship with crime. It seems that one cannot exist without the other. This does not explain, however, the rise in gun crime. As stated earlier, guns have been available in one form or another for centuries, so why is it only now that society is experiencing a rise in gun crime. According to Newsarchive 4 gun crime is mainly concentrated in three areas; these areas are Metropolitan area, Greater Manchester and the West Midlands. In Merseyside there were 57 shootings during the 12 months to last December 2003 compared with 15 in the same period the year before. Greater Manchester also recorded a 23 per cent increase in gun crime and there have been rises in Nottinghamshire, Avon and Somerset, West Yorkshire and the Northumbria Police area which covers Newcastle. There are many who have opinions as to why gun crime has escalated. Singer and campaigner Mica Paris asserts that it is the feeling of exclusion that compels people in society to indulge in criminality and carry guns. The question remains as to whether guns are now easier to come by? Detectives in London have asserted that the illegal importation of guns started after the end of the Bosnia conflict and that they are changing hands for as little as £200. This would certainly explain why guns are becoming increasingly easier to get hold of. What can society do to stop this rise in gun crime?

Possible Solutions to Curtail the Rise in Gun Crime

There have been various schemes to curtail the rise in gun crime. The Metropolitan Police issued a gun amnesty were members of the public were urged the public to surrender any illegally held weapon, or ammunition, without fear of prosecution. The problem with this amnesty is that when people buy these guns, they are well aware that they are breaking the law. The law is not an active deterrent for anybody purchasing firearms. Whilst it is not the contention of the author that all such projects are doomed to failure, projects such as these do stink of public relations exercises, and one must question their effectiveness. It has been suggested that tougher penalties for carrying and using guns may reduce criminal offences that involve guns. Once again, people who purchase these guns are not deterred by the law. How can they be if they have gone out and purchased the guns in the knowledge that they are committing an offence? One possible solution would be to stop actively encouraging children to buy imitation guns as toys. What message are we as a society sending out when we advertise guns to children? There is also the question as to who make the guns in the first place. Now it is not being suggested that all guns throughout the world should be removed, but the present state of affairs reeks of hypocrisy when it is debated in the context of invading countries with bombs for oil.

Conclusion

The evidence above suggests that there has been a slight increase in gun crime throughout the United Kingdom in the past two decades, although this rise has been confined mostly to areas engulfed in poverty. There is the added assertion that the rise in gun crime is connected to the drug trade. When are governments throughout the world going to learn that by prohibiting drug use, all they are doing is passing the trade to criminals who will do anything to defend their lucrative trade. Laws prohibiting guns are an effective deterrent, however, they only deter people who have a stake in society. Tackling poverty is another potential weapon to reduce gun crime, and there is a coordinated policy being undertaken to deal with this issue. Nevertheless, gun crime is not as severe as many would have society believe, although it does make exciting headlines.

Thomas Gallagher
LLb John Moores University
LLM Liverpool University

If you want to find out about gun crime within the United Kingdom the you can do so by visiting http://www.criminal-information-agency.com/firearms/ http://www.criminal-information-agency.com/firearms/firearmbars.php http://www.criminal-information-agency.com/firearms/riflerecord.php

The United States constitution was designed to provide equal protection under the law. However, from some of the recent stories which have been publicized, it is apparent that the law lacks consistency. Consistency in the law would ultimately mean that for every particular crime of which one is convicted; they should receive the same punishment. Our society has witnessed this inconsistency with capital punishment.

Questions arise as to why certain people receive the death penalty and others just walk away with life in prison. So why the discrepancy in this course of action; it is because before anyone is sent to death the governor of each respective state would have to sign that he agrees to have the death penalty carried on. It must not be surprising that some governors do not believe in this type of punishment, inmates will, however, end up sitting on death row till they die. This can be a very long and daunting experience for the inmates whose fate is rarely unknown.

I challenge the Justice system by asking,” is this social justice under the law?” Does it mean that depending on where one commits a crime you get a better chance of not being sent to death? If so, will it elucidate why certain states have reported higher rates of crime? It is imperative for the courts to come to a consensus as to what will bring consistency within the judicial system. As the adage goes, what is good for the goose is good for the gander; therefore what a convicted felon gets in Texas for murder should be the same in New York.

The sovereignty of state courts in declaring certain statutes unconstitutional has been a major factor why each state can not have similar laws. It may be time for the United States Supreme Court to take a firm stance as to whether the country should follow other industrial nations in abolishing the death penalty or not. Even though their action may not bring contentment to each citizen, it will give to the law what it is lacking; consistency.

There are a million reasons advocates of the death penalty will argue as to why it should not be abolished and in countering there are an equal number of reasons why it should be abolished. This text, however, is not debating about the controversy surrounding capital punishment. The law was designed to provide equal protection; therefore that is what the judicial system should try to uphold.