Beneficiaries of clubs law - Free Essay Example

Sample details Pages: 11 Words: 3418 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? 192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the Midlands Whale Watching Club: a) My house, Moby Villa, to be used as a headquarters for the Club; and b)  £160,000, to enable members to go on trips to watch whales in Antarctica. The Midlands Whale Watching Club is a non-charitable unincorporated association whose rules consist of the following clauses: 1) The main object of the club is to promote knowledge of whales and to campaign against any threats to their continuing survival by the provision of information through lectures and public meetings. 2) Membership shall be open to all who show a sufficient knowledge of whales in a written examination and pay an annual subscription to be fixed by an elected committee. Don’t waste time! Our writers will create an original "Beneficiaries of clubs law" essay for you Create order 3) The Club shall attempt either to rent, or purchase, or otherwise acquire premises to act as a meeting place for members and as an information centre for the general public. No such premises had been found at the time of Captain Ahabs death. Consider the validity of Captain Ahabs gifts. [Area of law: Equity and Trusts Gifts to unincorporated associations, Trusts for purposes.] In deciding whether the above dispositions can be classed as valid an examination of the beneficiary principle needs conducting to determine whether the club can be treated as beneficiaries. In some cases the beneficiary principle has not been satisfied but the courts have held the trusts to be valid[1]. Examination of when the courts have taken this view is essential[2]. A discussion on purpose trusts is also necessary[3]. It is prudent to distinguish between charitable and non-charitable trusts despite the statement above that this is a non-charitable association. The rule against purpose trusts has been established in terms of the beneficiary principle. Sir William Grant MR in Morice v Bishop of Durham[4] stated that Every trust must have a definite object. There must be someone in whose favour the court can decree specific performance. This was reaffirmed by Lord Parker in Bowman v Secular Society[5]. In this case he made the comment that for a trust to be valid it must be for the benefit of individuals[6]. Such difficulties caused by purpose trusts have led to the formation of the beneficiary principle. Under this principle the general rule is that there must be identifiable beneficiaries in order to create a valid trust[7]. Purpose trusts offend against this as they lack anyone with locus standi to enforce the terms of the trust. The beneficiaries should supervise the trusts as they are the persons most interested in their proper administration. The beneficiaries are best placed to bring any abuses to the attention of the courts[8]. As the intention of the t estator is to give the house to the beneficiaries as a meeting place it is necessary to consider perpetuity. Inclusion of property in a trust may prevent the most efficient use of that property and affect its marketability. Trust law addresses this by dictating that property may not be subject to a trust for an excessive period of time. Property that is part of a private trust must not be held on trust in excess of the perpetuity period[9]. This has been defined as the duration of a human life at the date the trust was established plus 21 years. The aim was to prevent purpose trusts from becoming perpetual trusts. Exceptions to this are allowed where the trust is for charitable purposes. Trusts that do not satisfy the beneficiary principle have been treated as invalid on many occasions[10]. Roxburgh J held the trust invalid for offending against the beneficiary principle and for uncertainty[11] of the purpose in Re Astorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement Trusts[12]. In reaching his c onclusion he referred to Re Wood[13] and the comments of Harman J who asserted that a gift on trust must have a cestui que trust. Roxburgh J held that none of the exceptions had been satisfied in Astorà ¢Ã¢â€š ¬Ã¢â€ž ¢s case and therefore the trust was void. A similar decision was reached by Harman L J in Re Endacott[14] where he applied the beneficiary principle to a gift given by Albert Endacott to the North Tawton Devon Parish Council for a memorial of himself. It was held that such a gift created a non-charitable purpose trust and did not fall into the exceptions category. There are a few exceptions where the courts have upheld non-charitable purpose trusts despite the lack of beneficiaries[15]. Harman L J discussed these exceptions in Re Endacott[16] Harman L J and made the comment that there are decisions which are not really to be satisfactorily classified, but are perhaps merely occasions where Homer has nodded, at any rate these cases stand by themselves and ought not t o be increased in number, nor indeed followed, except where the one is exactly like the other. It seems from this comment that Harman L J is not comfortable with the exceptions and is warning against the use of these to validate such trusts. Trusts that are regarded as exceptions can still become void if they offend against the perpetuity period. Such trusts are best regarded as trusts of imperfect obligation. Exceptions have been allowed where the application of the trust is for the care and maintenance of animals[17]. Any trust that is created for the welfare of animals in general will be charitable. A trust for the maintenance of a specific animal cannot be classed as charitable but could be classed as an exception. In Pettingall v Pettingall[18] a gift by the testator of  £50 per annum for the upkeep of his favourite black mare was upheld. Similar decision have been reached in Mitford v Reynolds[19] where the gift was for the upkeep of the testatorà ¢Ã¢â€š ¬Ã¢â€ž ¢ s horses and Re Dean[20] where the testator left his 8 horses and his house to his trustees. He charged his freehold estate with an annuity of  £750 per year for 50 years if they should live that long to be paid to the trustees for their upkeep. This was held to be a valid non-charitable trust by North J who rejected the beneficiary principle entirely stating that he did not assent to the view that a trust is not valid if there is no cestui que trust to enforce it[21]. Re Dean would appear to offend against the perpetuity period despite this case being used as an authority for trusts for the maintenance of animals. The rationale behind the decision of North J would appear to be that he was judging the perpetuity period in respect of the life expectancy of the animal. This notion was rejected by Meredith J in Re Kelly[22] who made the point that the perpetuity period should not centre on the life expectancy of the animal. He stated that there can be no doubt that lives mean s lives of human beings, not of animals or trees in California. The mostly commonly used form of trusts for the maintenance of a particular animal centres on property left by the testator for the benefit of his favourite animal. For the purposes of the trust the animal would also be classed as property. This would give the new owner of the animal prime responsibility for its welfare, and as such the failure of the trust would not lead to no one having responsibility to care for the animal. Exceptions have also been applied where money has been placed in trust for the maintenance of specific graves and monuments[23] as well as saying masses for the dead. The perpetuity period still needs to be satisfied to make such trusts valid[24]. In some cases the courts have interpreted the saying of masses for the dead as charitable activities for the advancement in religion so long as the masses were celebrated in public as was the case in Re Hetherington[25]. Trusts that do fall with in the exceptions can be invalid if the purpose is deemed to be useless. An example of where this happened was in Brown v Burdett[26] where the testator created a trust to block up all the rooms of a house for twenty years. A similar decision was reached in Mà ¢Ã¢â€š ¬Ã¢â€ž ¢Caigà ¢Ã¢â€š ¬Ã¢â€ž ¢S Trustees v Kirk-Session of United Free Church of Lismore[27] where a trust to erect bronze statues was void on grounds of public policy since it involved a sheer waste of money[28]. In some instances where trusts fail because of uncertainty, perpetuity or illegality an automatic resulting trust[29] can be established[30]. The court found an automatic resulting trust[31] in Re Osoba[32] which involved a bequest to a testatorà ¢Ã¢â€š ¬Ã¢â€ž ¢s widow for the training of the daughter and the maintenance of the aged mother. A resulting trust would not be created if the donors have parted with their money in exchange for tickets[33]. Under the exceptions a non-charitable purpose trust c an be treated as valid if it will benefit identifiable individuals[34] who posses sufficient locus standi to enforce it[35]. One such purpose trust deemed to be valid was Re Denleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trust Deed[36]. In this case Charles Denley had transferred land to trustees to be maintained and used as a sports field for the employees of a company. Goff J held that although the trust was expressed to be for a purpose is was in fact for the benefit of individuals as they would benefit directly or indirectly from the carrying out of the purpose. He also stated that the employees were an ascertainable and certain class[37] and would have locus standi to apply to the court to enforce the trust. This same principle has also been applied to unincorporated associations[38]. A prime example of this is Re Lipinskià ¢Ã¢â€š ¬Ã¢â€ž ¢s Will Trusts[39] where Harry Lipinski left his residuary estate to the Hull Judeans (Maccabi) Association in memory of his wife to be used solely in construc ting new buildings for the association. It was concluded by Oliver J that this gift[40] was directly for the benefit of the members[41] of the association and could be construed as a gift to them as individuals[42]. Having analysed the beneficiary principle and the exceptions it is possible to speculate on the courts decision in the above. If the trust had been specifically worded for the benefit of the whales the courts may well have taken the opinion that this is for the benefit of a specific class of animal and held this part of the trust to be for a charitable purpose[43]. The association might also fall into the classification of being for educational purposes as one of the aims of the organisation is to give lectures to the general public to increase their knowledge of the whales[44]. The advancement of education has been extended in some instances to include industrial training, research and the promotion of culture and sport[45]. It may well be that the courts will dee m that the association is involved in research of the whales and accord them charitable status. There appears to be a divide in the opinions of the court in respect of when such gifts can be read as charitable. In Re Nottage[46] it was held that the gift of a prize for yacht racing was not charitable as it only served to promote the sport. By contrast in IRC v McMullen[47] the promotion of sport in schools and universities was regarded as for the advancement of education since education includes spiritual, moral, mental and physical elements. Similarly in Re Mariette[48] a gift to provide squash courts at a specific school was held to be charitable. To be recognised as charitable the purpose of the organisation must be for the public benefit[49]. Charitable status has been formulated through case law. For a purpose to be classified as charitable it must be beneficial in a way which is charitable and be shown to be available to the public[50] or a sufficient section of the public and not merely to a private class of individuals[51]. The courts have adopted a subjective assessment in deciding whether the benefit is for the community at large. The courts look at whether the donor thought that the purpose was beneficial to the public. In Re Foveaux[52] a gift to the International Society for the Total Suppression of Vivisection was held to be charitable on the principle that the donor has considered it to be so[53]. Similarly in Re Cranston[54] Fitzgibbon LJ took the view that it would be charitable provided the purpose was one which the founder of the society believed to be to public advantage[55]. Sometimes the courts have adopted an objective assessment as in National Anti-Vivisection Society v IRC[56] where the courts chose not to follow the decision of Re Foveaux[57] and declared the society non-charitable. Lord Simmons made the observation that Where on the evidence before it the court concludes that, however well-intentioned the donor, the achievem ent of his object will be greatly to the public disadvantage, there can be no justification for saying that it is a charitable object. In according charitable status the courts have to determine whether the benefit to the general public is too remote. It was held in IRC v Oldham Training and Enterprise Council[58] by Lightman J that these objects were non-charitable because the benefits to the community conferred were too remote. The association would need to benefit a significant amount of the public for it to be classed as for the public benefit[59]. The conclusion from the above would seem to be that the trust will be held to be valid even if it is not accorded charitable status as there are ascertainable beneficiaries and the disposition is for the benefit of the members of the club[60]. The court may decide against awarding charitable status as the rules of membership limit the number of persons eligible to join and require a membership fee. It is likely that the courts w ould allow the house to be used as a meeting place for the association especially since the meetings will be open to the general public. The money left for the trips to see the whales may fail as it would only benefit a specific section of the public this being the members of the association. However, the courts may allow this to be valid using the authorities Re Denleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trust Deed[61] and Re Lipinskià ¢Ã¢â€š ¬Ã¢â€ž ¢s Will Trusts[62]. Bibliography Pearce, R Stevens, J, The Law of Trusts and Equitable Obligations, 2nd Ed, 1998, Butterworths Hayton, D J , Commentary and Cases on The Law of Trusts and equitable Remedies, 11th Ed, 2001, Sweet Maxwell Cockburn, T, Harris, W, Shirley, M, Equity Trusts, 2005, Butterworths Ashburner, W, Principles of Equity, 2nd Ed, 1933, Butterworths Butterworths Holdsworth, W, History of English Law, 7th Ed, 1956, Mathuen Co Ltd Slapper, G Kelly, D, The English Legal System, 4th Ed, 1999, Cavendish Publish ing Ltd Thomas, M, Statutes on Property Law, 8th Ed, 2001, Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Table of Cases A.T.C. 442 [1965] T.R. 425 (1966) 110 S.J. 17 Aitkenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trustees v Aitken 1927 SC 374 Attorney General v Cocke [1988] Ch. 414 [1988] 2 W.L.R. 542 [1988] 2 All E.R. 391 (1988) 85(14) L.S.G. 46 (1988) 132 S.J. 418 Attorney General v Ross [1986] 1 WLR 252 Bowman v Secular Society [1917] AC 406 Brown v Burdett (1882) 21 Ch D 667 Conservative Central Office v Burrell [1982] 1 WLR 522 Cunnack v Edwards (1896) 2 Ch 679 Fine Lady upon a White Horse Appeals Application for Registration as a Charity [2006] W.T.L.R. 59 Haworth v Inland Revenue Commissioners [1974] S.T.C. 378 1974 IRC v McMullen [1981] AC 1 HL IRC v Oldham Training and Enterprise Council [1996] STC 1218 Leahy v Attorney General for New South Wales [1959] AC 457 Lindsayà ¢Ã¢â€š ¬Ã¢â€ž ¢s Executor v Forsyth 1940 SC 568 Mà ¢Ã¢â€š ¬Ã¢â€ž ¢Caigà ¢Ã¢â€š ¬Ã¢â€ž ¢S Trustees v Kirk-Session of United Free Church of Lismore 1915 SC 426 Mitford v Reynolds (1848) 16 Sim 105 Morice v Bishop of Durham (1804) 9 Ves 399 National Anti-Vivisection Society v IRC [1948] AC 31 Neville Estates v Madden [1961] 3 All ER 65 Pettingall v Pettingall (1842) 11 LJ Ch 176 Pirbright v Salwey [1896] WN 86 Re Beadle (Deceased) [1974] 1 W.L.R. 417 [1974] 1 All E.R. 493 (1974) 118 Re Abbott Fund Trust [1900] 2 Ch 326 Re Ahmed Co [2006] EWHC 480 (2005-06) 8 I.T.E.L.R. 779 (2006) 156 N.L.J. 512 Re Astorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1952] Ch 534 Re Badens Deed Trusts (No.1) [1971] A.C. 424 [1970] 2 W.L.R. 1110 [1970] 2 All E.R. 228 (1970) 114 S.J. 375 Re Beadle (Deceased) [1974] 1 W.L.R. 417 [1974] 1 All E.R. 493 (1974) 118 Re Broadbent (Deceased) [2001] EWCA Civ 714 [2001] W.T.L.R. 967 (2000-01) 3 I.T.E.L.R. 787 (2001) 98(28) L.S.G. 44 Times, June 27, 2001 Re Buckinghamshire Constabulary Widows and Orphans Fund Friendly Society (1979) 1 WLR 936 Re Bushnell (Deceased) [1975] 1 W.L.R. 1596 [1975] 1 All E.R. 721 (1975) 119 S.J. 189 Times, December 10, 1974 Re Carapiets Trusts [2002] EWHC 1304 [2002] W.T.L.R. 989 (2002-03) 5 I.T.E.L.R. 125 Re Coates (Deceased) [1955] Ch. 495 [1954] 3 W.L.R. 959 [1955] 1 All E.R. 26 (1954) 98 S.J. 871 Re Cranston [1898] 1 IR 431 Re Dean (1889) 41 Ch D 552 Re Denleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trust Deed [1996] Conv 24 (Jaconelli) Re Drummond [1914] 2 Ch 90 Re Dunlop [1984] N.I. 408 1984 Re Endacott [1960] Ch 232 Re Foveaux [1895] 2 Ch 501 Re Gillingham Bus Disaster Fund (1958) Ch 300 Re Grants WT [1979] 3 All ER 359 Re Haines (1952) Times 7th November Re Hetherington [1989] 2 All ER 129 Re Hobourn Aero Components Ltds Air Raid Distress Fund (1946) Ch 194 Re Hooper [1932] 1 Ch 38 Re Horley Town Football Club [2006] EWHC 2386 [2006] W.T.L.R. 1817 Re Kelly [1932] IR 255 Re Kirkwood [1966] A.C. 520 [1966] 2 W.L.R. 136 [1966] 1 All E. R. 76 (1965) 44 A.T.C. 442 [1965] T.R. 425 (1966) 110 S.J. 17 Re Lipinskià ¢Ã¢â€š ¬Ã¢â€ž ¢s Will Trusts [1976] Ch 235 Re Mariette [1915] 2 Ch 284 Re McCullough [1966] N.I. 73 Re Mills [1953] 1 W.L.R. 554 [1953] 1 All E.R. 835 (1953) 97 S.J. 229 Re Murawskis Will Trusts [1971] 1 W.L.R. 707 [1971] 2 All E.R. 328 (1971) 115 S.J. 189 Re Nottage [1895] 2 Ch 649 CA Re Osoba (1979) 2 All ER 393 Re Printers Transferrers Amalgamated Trades Protection Society (1899) 2 Ch 184 Re Rechers Will Trusts [1971] 3 All ER 401 Re Sayer [1957] Ch. 423 [1957] 2 W.L.R. 261 [1956] 3 All E.R. 600 (1957) 101 S.J. 130 Re Segelman (Deceased) [1996] Ch. 171 [1996] 2 W.L.R. 173 [1995] 3 All E.R. 676 Re Shaw [1957] 1 WLR 729 Re St Andrews Allotment Assoc. [1969] 1 All ER 147 Re Thompson [1934] Ch 342 Re Vandervellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trusts (No 2) [1974] Ch 269 Re Watson (Deceased) [1973] 1 W.L.R. 1472 [1973] 3 All E.R. 678 (1973) 117 S.J. 792 Re Wedge (1968) 67 D.L.R. (2d) 433 Re West Sussex Constabularys Widows, Children and Benevolent Fund Trusts (1970) 1 All ER 544 Re West Sussex Constabularys Widows, Children and Benevolent Fund Trusts (1970) 1 All ER 544 Re Wood [1949] Ch 498 Trimmer v Danby (1856) 25 LJ Ch 424 Table of Statues Charitable Uses Act 1601 Charities Act 1960 1 Footnotes [1] Re Sayer [1957] Ch. 423 [1957] 2 W.L.R. 261 [1956] 3 All E.R. 600 (1957) 101 S.J. 130 [2] Re Coates (Deceased) [1955] Ch. 495 [1954] 3 W.L.R. 959 [1955] 1 All E.R. 26 (1954) 98 S.J. 871 [3] Re Wedge (1968) 67 D.L.R. (2d) 433 [4] (1804) 9 Ves 399 [5] [1917] AC 406 [6] Leahy v Attorney General for New South Wales [1959] AC 457 [7] Re Ahmed Co [2006] EWHC 480 (2005-06) 8 I.T.E.L.R. 779 (2006) 156 N.L.J. 512 [8] Re Astorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1952] Ch 534; Re Shaw [1957] 1 WLR 729 [9] Haworth v Inland Revenue Commissioners [1974] S.T.C. 378 1974 [10] Re Beadle (Deceased) [1974] 1 W.L.R. 417 [1974] 1 All E.R. 493 (1974) 118 [11] Re Osoba (1979) 2 All ER 393 [12] [1952] Ch 534 [13] [1949] Ch 498 [14] [1960] Ch 232 [15] Re Horley Town Football Club [2006] EWHC 2386 [2006] W.T.L.R. 1817 [16] [1960] Ch 232 [17] Re Murawskis Will Trusts [1971] 1 W.L.R. 707 [1971] 2 All E.R. 328 (1971) 115 S.J. 189 [18] (1842) 11 LJ Ch 176 [1 9] (1848) 16 Sim 105 [20] (1889) 41 Ch D 552 [21] Re Osoba (1979) 2 All ER 393 [22] [1932] IR 255 [23] Trimmer v Danby (1856) 25 LJ Ch 424; Re Abbott Fund Trust [1900] 2 Ch 326 [24] Re Hooper [1932] 1 Ch 38; Pirbright v Salwey [1896] WN 86 [25] [1989] 2 All ER 129 [26] (1882) 21 Ch D 667 [27] 1915 SC 426 [28] Aitkenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trustees v Aitken 1927 SC 374; Lindsayà ¢Ã¢â€š ¬Ã¢â€ž ¢s Executor v Forsyth 1940 SC 568 [29] Re St Andrews Allotment Assoc. [1969] 1 All ER 147 [30] Re Printers Transferrers Amalgamated Trades Protection Society (1899) 2 Ch 184; Re West Sussex Constabularys Widows, Children and Benevolent Fund Trusts (1970) 1 All ER 544 [31] Re Hobourn Aero Components Ltds Air Raid Distress Fund (1946) Ch 194 [32] (1979) 2 All ER 393 [33] Re West Sussex Constabularys Widows, Children and Benevolent Fund Trusts (1970) 1 All ER 544 [34] Re Gillingham Bus Disaster Fund (1958) Ch 300; Re West Sussex Constabularys Widows, Child ren and Benevolent Fund Trusts (1970) 1 All ER 544 [35] Re Buckinghamshire Constabulary Widows and Orphans Fund Friendly Society (1979) 1 WLR 936 [36] [1996] Conv 24 (Jaconelli) [37] Re Kirkwood [1966] A.C. 520 [1966] 2 W.L.R. 136 [1966] 1 All E.R. 76 (1965) 44 A.T.C. 442 [1965] T.R. 425 (1966) 110 S.J. 17 [38] Conservative Central Office v Burrell [1982] 1 WLR 522; Re Printers Transferrers Amalgamated Trades Protection Society (1899) 2 Ch 184 [39] [1976] Ch 235 [40] Cunnack v Edwards (1896) 2 Ch 679 [41] Re Drummond [1914] 2 Ch 90; Neville Estates v Madden [1961] 3 All ER 65 [42] Re Badens Deed Trusts (No.1) [1971] A.C. 424 [1970] 2 W.L.R. 1110 [1970] 2 All E.R. 228 (1970) 114 S.J. 375; Re Grants WT [1979] 3 All ER 359 [43] Charities Act 1960 [44] Re Broadbent (Deceased) [2001] EWCA Civ 714 [2001] W.T.L.R. 967 (2000-01) 3 I.T.E.L.R. 787 (2001) 98(28) L.S.G. 44 Times, June 27, 2001; Charitable Uses Act 1601 [45] Re Thompson [1934] Ch 342 [46] [18 95] 2 Ch 649 CA [47] [1981] AC 1 HL [48] [1915] 2 Ch 284 [49] Fine Lady upon a White Horse Appeals Application for Registration as a Charity [2006] W.T.L.R. 59; Gilmour v Coats [1949] AC 426; [1949] 1 All ER 848 [50] Re Bushnell (Deceased) [1975] 1 W.L.R. 1596 [1975] 1 All E.R. 721 (1975) 119 S.J. 189 Times, December 10, 1974 [51] Attorney General v Cocke [1988] Ch. 414 [1988] 2 W.L.R. 542 [1988] 2 All E.R. 391 (1988) 85(14) L.S.G. 46 (1988) 132 S.J. 418 [52] [1895] 2 Ch 501 [53] Re Rechers Will Trusts [1971] 3 All ER 401 [54] [1898] 1 IR 431 [55] Re Vandervellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trusts (No 2) [1974] Ch 269 [56] [1948] AC 31 [57] [1895] 2 Ch 501 [58] [1996] STC 1218 [59] Re Watson (Deceased) [1973] 1 W.L.R. 1472 [1973] 3 All E.R. 678 (1973) 117 S.J. 792 [60] Re Horley Town Football Club [2006] EWHC 2386 [2006] W.T.L.R. 1817 [61] [1996] Conv 24 (Jaconelli) [62] [1976] Ch 235

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According to Prodanciuc, organizational structure is the fundamental concept that helps the organization be organized and administrated. The organizing takes place at the beginning of the organizationâ⠂¬â„¢s existence and it means providing everythingRead More Organizational Structures Essay799 Words   |  4 Pagesis known as the organization structure formally defined by Wikipedia (2006) as, the way in which the interrelated groups of an organization are constructed. From a managerial point of view the main concerns are ensuring effective communication and coordination. In respects to project management there are three primary organizational break downs they are functional structure, pure project structure, and matrix structure. We will take a look into each of these structures to better identify the similarities

Discretion in the Criminal Justice System Free Essays

Making executive decisions in the criminal justice system is the underlying power of legal authority. Police, correctional officers, judges and so on hold the ability to make discretionary decisions based on the situation they are involved in. There are a variety of ways that authority use discretion but it may be different when involving different situations or even different people, i. We will write a custom essay sample on Discretion in the Criminal Justice System or any similar topic only for you Order Now e. , juveniles or adults. I strongly believe that the discretion used in today’s society is distributed in an appropriate manner. Shifting the amount of discretion within our justice system could be for better or worse, but why fix something that’s not broken? Although most police officers use discretion, â€Å"Many police officers (and whole departments) prefer to focus on the justice aspects of police work: getting offenders off the streets, responding to emergencies, scoring big drug busts, and generally ‘catching the bad guys. ‘† (Fuller, J. R. Pg. 6. ) No matter how much discretion you give an officer, it’s ultimately their choice to use it. Although it is common throughout the criminal justice system, some authoritative figures don’t use discretion in a way to guide punishments; they stay in accordance with established guidelines. In my opinion, depending on the severity of the crime discretion should or should not be used. For example, discretion should be used for a first time offender for speeding but should not be used for a first time offender of rape. â€Å"The police are typically the first contact that young victims and delinquents have with the juvenile justice system. As with adults, law enforcement serves as the gatekeeper to the justice system. † (Fuller, J. R. Pg 17. ) It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. The responsibility for authorities to use discretion is crucial for a juvenile’s future. With adults, less discretion could be used because they have a greater sense of morals. In today’s society I have personally seen adults expect leniency just because, for example, they have a police organization bumper sticker. Enforcing the law for adults who are habitual offenders is necessary to uphold order. One can only push society and the law so far; at some point you must face the consequences. As we talked about in class, the 3-strike rule is a fair method of deciding who should be held accountable. â€Å"Three major studies were commissioned to examine police practices in detail and to update the 1931 Wickersham commission report (National Commission on Law Observance and Enforcement, 1971). These include the report of the President’s Commission on Law Enforcement and Administration of Justice (1967) entitled The Challenge of Crime in a Free Society (1967), a report of the National Advisory Commission on Civil Disorders (1968), and a report of the National Advisory Commission on Criminal Justice Standards and Goals (1973). Each of these commissions was a major undertaking by a large number of scholars and practitioners who focused on solving some of the problems in both policing and the criminal justice system as a whole. The commission reports include multiple proposals to tighten the controls over police discretion, including the use and abuse of force. † (Alpert, Dunham. Pg. 11. ) Whether for good or bad; laws shape citizen’s views of beliefs, actions and character. Unfortunately not all systems of morality and discretion are used properly. Discretion should be used in moderation and to preserve order in society, not used in excessive amounts to threaten the law’s purpose. In summary, I feel discretion is a necessity. With our overcrowded jails, police and judges need to use their training, insight and experience to keep the public safe from individuals that have no regard for the law. Bibliography * Alpert, Geoffrey P. ; Dunham, Roger G†¦ Understanding Police Use of Force: Officers, Suspects, and Reciprocity. West Nyack, NY, USA: Cambridge University Press, 2004. p 11. * Hagan, F. (2011). Ch 1. Essentials of Research Methods in Criminal Justice and Criminology (pp. 1-45). New York, New York: Prentice Hall, 3rd Edition. * Fuller, J. R. (2008). Juvenile Delinquency – Mainstream and Crosscurrents. New York, New York: Prentice Hall, 1st edition. * Owen, S. S. (2012). Foundations of criminal justice. Oxford: Oxford University Press. How to cite Discretion in the Criminal Justice System, Essay examples

Musical Genre in the History and Development of Popular Music

Question: The Blues can be perceived as a single most influential musical genre in the history and development of popular music. Do you agree? Discuss your reasons. Answer: Introduction: The most famous and popular music of American's has had a tremendous and profound effect all across the universe of music. This country since long has seen the continuous rise of the popular styles which have for long had an important and a very vital influence on all kinds of the global culture that includes blues, ragtime, swing, jazz, bluegrass, rock, country, doo wop, soul, gospel, punk, funk, disco, heavy metal, salsa, house, grunge, techno, and the hip hop (Bernstein, 2008). Additionally, the music of the American industry has always been quite supporting and diverse in so many numbers of the famous regional styles like the klezmer, zydeco, and the slack-key. The oldest or the earliest songs which could be well considered as the American most popular music songs, as are opposed to the most famous and popular music refer any of the particular ethnicity or the region, were the sentimental songs by Sir Stephen Foster and also by so many of his peers, plus songs which are meant for its use in the theatrical productions and minstrel shows which featured dancing, singing and the comic performances (Cooper, 2012). In the beginning of the year 1920s and also accelerating in the year 1940s, the blues at that time began very rapidly diversifying into a much broader spectrum of all of the new styles. They also included the energetic style, up-tempo which is called as the rhythm and blues are commonly known as the (RB), a collaboration of the Anglo-Celtic and the blues song known as the country music plus the fusion of spirituals and the hymns with the blues structures known as the gospel music. In the year 1940s, the blues, rhythm and blues and the country fusion which was called as the rock and roll mainly developed, and thus coming all together to dominate the American popular at the start of the year 1960s (Bernstein, 2008). Blues Musical genre in the history: Since long ago, the blues has very deep roots refer the history of the American music industry and background, most particularly in the history of the African-American. This blues has originated on the Southern plantations long ago in the 19th Century (Bernstein, 2008). Its main investors were the ex-slaves, slaves and also the descendants of the slavesplus the African-American people of the sharecroppers who has sung songs when they toiled in the vegetable fields and the cotton fields. It has been until time generally and almost fully accepted that the music has been evolved from the vegetable fields, African spirituals, field hollers, work songs, drum music, rural fife, country dance music and the revivalist hymns (Scaruffi.com, 2016). The singers of the blues bridged on the different realms of the black music plus also bringing together all of the practices and the styles refer the minstrel shows, of ragtime, vaudeville theatres and also of the native and local rural cultures and environments. The first and the foremost blues songs were to be screened and published in the year 1912 were the ever loved and famous Baby Seals Blues, which was at that time written by the ragtime famous artist named Dallas Blues and the Artie Matthews plus written by the Hart Wand who is also called as the white songwriter (Scaruffi.com, 2016). Blues since its inception, in the South, or at the time of the early 20th century, named as "the Blues" was simple and also the expressive forms which had become, at the close of the end of the 1960s, among the most vital, famous and important influences refer the development of the most popular music in America. This Blues have essentially as well as shown in the emotional expression plus is the predominantly a medium vocal - although there are plenty of illustrations of the Blues instrumentals (SAGEE, 2007). Generally, it is always the singer, who tends to express the feelings of the songs which are made by the Blues; and there is the availability of so many of the vocal techniques that are brought into use so as to create the required and the desired effects. There is also availability of a wide range of the Blues instrumentations which accompanies the central vocal demonstration or the performance presentation, i.e. the bending of the strings of the guitar, the ever loved and the classic bottleneck of the blues guitarists, the famous and worldwide loved harmonica which has always been imitating the voice of the humans etc.), and that these clearly characterize the requirements of the Blues performance presentations (SAGEE, 2007). Main reasons of the reasons that the Blues genre has with such a remarkable speed moved forward, has been the economic migration which has been done by millions of the Black workers to the cities of the area of the North from that from the South. The famous Blues has gone with them, and also adapting to the urban environment. Thus the Themes which are extracted from the Blues song has with the passage of time become more and more urban based than ever (Panish, 2004). The single, or the solo bluesman has been with the passage of time joined by so many of the other famous musicians plus the Blues combination (combo) was now born. The harmonica, piano, drums, bass and the most importantly of all of them, the ever loved electric guitar has become the main cornerstone and also the sound of the increasing music and rhythmic intensity among the worldwide listeners (Smith, 2014). Among the major centres of the urban which has been now creating the much more "sophisticated" sounds of the Blues now also included the Atlanta, St. Louis and Memphis. Thus, the most exceptional and world famous Talents were now found that are to be placed at the number of places all across the world. Sir John Lee Hooker also now found a perfect home at the Detroit, later T-Bone Walker the great established in the Chicago and the West Coast produced the best and the most popular ones (Stott, 2013). Muddy Waters, Sonny Boy Williamson, Howlin' Wolf, Little Walter, Elmore James and the Otis Spann also were all established and based there. Blues Music and the Development of popular music Blues has been the number one and has also with the passage of time influenced just about each and everything all across the universe musically that subsequently enhanced and developed. The emergence of this also, later on, came to be well called as the Rhythm and the Blues. The Blues, a stylistic, haunting kind of the instrumental and vocal music, is mainly based upon the use of the 'blue' intentional aberration or the notes or the 'bending' of the scalar tone based on the repetitive pattern, that is always or usually a 12-bar structure. Further, it provided the blues its harmony and the characteristic melody (Panish, 2004). The (RB) Rhythm and Blues have most commonly learned and understood as the main term which has been used to well clearly describe the simple and the sophisticated music of the urban times which grew out and was born from the urbanization of the group Blues that began in the early years of the 1930s (Panish, 2004). The most renowned and the single exponent of such a kind of the development is named as the Louis Jordan, he originally came from a comparatively much smaller band, started to make the Blues-based songs and records with serious humorous lyrics plus a rhythm which is considered as the owing as much for the boogie Woogie as is for the much traditional classic type of the form of blues. Amos Milburn, Louis Jordan, Charles Brown, Floyd Dixon plus even the famous and most loved great, "Big" Joe Turner, at that time were all the leading practitioners of which came to be called as the jump blues (Panish, 2004). In this mix of the RB, there existed so many of the room for all kinds of different band formations - and also so many of the relatively bigger bands as well were being led by the singers who has got much vast previous experience with famous and much renowned and bigger great bandleaders like the Lucky Millender and Count Basie. Jimmy Witherspoon and Joe Turner had earlier spells with the Basie. The relatively smaller kinds of the groups often were dependent and also relied more and more on the individual soloists and earned the spotlight, so many solos were at that time being taken by the tenor sax and the alto players. This is also important to note down that the singers who used the electric guitar, which has played such a huge part, refer for the popularization and the urbanization of the Blues, were often designated and relegated to important roles to accompany (Lipsitz, 2015). When we listen to the famous records of the Charles Brown, for example, and we hear the virtual all of the solos which are played by the all famous Brown on the instrument piano. Many great "jump blues" also came from the T-Bone Walker, with his highly influential guitar and unique work, being all together being very clearly and also undoubtedly in the all-time lead (Litwack, 2004). The often use of the blue notes plus the prominence and the usual use of the call and the response patterns refer the lyrics and the music is the most indicative of all time blues' pedigree of the West African. These blues were influenced by the Western and the American well known and popular music, soon they became vital part of genres of the jazz, ragtime, rhythm, bluegrass and the blues, hip-hop, rock and roll, pop songs and the country music in the United Kingdom, some of the bands which emulated in the United states blues legends, and also the United Kingdom blues which is rock based bands and had very important and influential role all around the year 1960s and further (Hamilton, 2002). The John Lee Hooker combined his style of the blues with the elements of the rock and then playing with the younger musicians which belonged to the white genres, creating an impressive musical style which came to light in the 1971 album named as the Endless Boogie. In a different style which is a particular contrast to Chicago style, which is made as the King's band, brought into use some strong brass type of the support from the trumpet, saxophone, and the trombone, in spite of taking into use the harp or the slide guitar (Fleissner, 2013). The Tennessee-born star named Bobby "Blue" Bland, such as the B. King also straddled the famous RB and the blues genres. The music of the Jug band was all the way popular all over the South since and until the year 1930s (Lee, 2004). The early jug bands which have been variously featured by the guitars, jugs, banjos, mandolins, stringed basses, kazoos, fiddles, harmonicas, washboards and so many of the other each day used appliances got with the passage of time and preference got converted to the into the crude instruments (Lee, 2004). Conclusion: There has been no doubt regarding the fact that the blues has for sure served and been the backbone or the main contender for the spread of all kinds of the styles and also probably for so many of the styles which are yet to come in near future. The blues music has always been the most reflective of the struggle which has been done by the black American so as to reach and achieve the success and fame in the life. Such kinds of the musical forms have all emerged as the main responses to economic, social and also often the state-sanctioned repression and rejection. The situation and the circumstances refer the black American in the history of the America post the Emancipation has very significantly and greatly shaped all kinds of the development of these, America's 1st indigenous products of the music. The famous and very Well-known blues pioneers in the year 1920s like the Blind Lemon Jefferson, Son House, Charlie Patton, Lead belly, and the Robert Johnson most probably at the times p erformed the solo with just the use of a mere a guitar. Very rarely they used to get teamed up with additional fellow beings like the bluesmen so as to perform at the camps, rambling shacks, and the rural juke joints. The rich and famous Blues bands might have evolved early from the gospel choirs, jazz bands, and the jug bands. References Bernstein, C. (2008). Objectivist Blues: Scoring Speech in Second-Wave Modernist Poetry and Lyrics.American Literary History, 20(1-2), pp.346-368. Cooper, B. (2012). Blues and Chaos: The Music Writing of Robert Palmer.Popular Music and Society, 35(1), pp.131-132. Fleissner, J. (2013). Historicism Blues.American Literary History, 25(4), pp.699-717. Hamilton, M. (2002). The Voice of the Blues.History Workshop Journal, 54(1), pp.123-143. Lee, S. (2004). The Jazz Harmonies of Connection and Disconnection in "Sonny's Blues".Genre, 37(2), pp.285-299. Lipsitz, G. (2015). Backwater Blues: The Mississippi Flood of 1927 in the African American Imagination.Journal of American History, 102(1), pp.281-281. Litwack, L. (2004). Jim Crow Blues.OAH Magazine of History, 18(2), pp.7-58. Panish, J. (2004). Twelve Bar Blues.Genre, 37(2), pp.350-352. SAGEE, A. (2007). Bessie Smith: Down Hearted Blues and Gulf Coast Blues revisited.Popular Music, 26(01), p.117. Scaruffi.com. (2016).A History of Blues Music. [online] Available at: https://www.scaruffi.com/history/blues.html [Accessed 10 Jul. 2016]. Smith, S. (2014). Union Blues: Melville's Poetic In(ter)ventions.Genre, 47(1), pp.21-53. Stott, R. (2013). Homesick Blues.Reviews in American History, 41(1), pp.19-24.