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Legal Service Advertising

Posted on January 31, 2019 in Uncategorized

The terms “advertising of the lawyer’s profession” or “advertising” are not defined in the Bulgarian Bar Act and the Code of Ethics of Lawyers. Additional provisions in the Corporate Income Tax Act under ‘advertising” envisage the popularization of goods and services, including presents bearing trade marks and specifically the trade mark of the taxable person within the normal framework of the activity exercised by the individual.

In the Bulgarian legislation there is no definition of the advertising of the services of lawyers and the question of the restrictions on advertising the services of lawyers is directly related to how the lawyer’s services should to be regarded:

– As consultative activity similar to commercial activity, which differs from the previous only as to the market that it is offered – the market of legal services. This view point advocates fewer limitations on publicity. The common rules of publicity with all the respective restrictions foreseen in the Protection of Competition Act and the Consumer Protection Act should apply.

– As upholding the legal activity, where there irrefutably exists a business element, but which legal activity is much more socially prominent than the common commercial activity. Besides it must be exercised by a freelancer, who can unite under a special order and not as a commercial company. In this case the imposed restrictions on the publicity of the services of lawyers are considerable.

We should proceed from the assumption that citizens and companies should have equal opportunity to choose which person will protect their rights through legal actions or out of court. The lawyer then should be able to have the right to announce through the media, by way of electronic media or through other appropriate ways the circumstance that they exercise the legal profession, their specialization, if they have such; if they work independently or in cooperation with other lawyers, the address of their firm, the telephone numbers and the address for correspondence. In this manner the potential risk of financially powerful legal firms to attract considerable mandates through massive publicity on the market will be avoided. The necessity for lawyers to invest huge sums in advertisements solely because there is no other way for them to prosper in the legal profession will also be avoided.

This question is seen differently in Europe. In Germany till 1992 the rules regarding the advertising of the services of lawyers were extremely strict and only publishing the address of the law firm, the name of the lawyer and possibly their specialization was permitted. Now the regulations are much more liberal and come down to the limitations related to the protection of the consumer and fair competition. This question has been settled similarly in Austria for over 10 years now. In England, Italy and France the regulations regarding the advertisement of the activity of lawyers were also extremely strict, but then this practice was forgotten.

Why Study Criminal Justice?

Posted on January 27, 2019 in Uncategorized

The Criminal Justice System of England and Wales includes such organisations as the police, the courts, and The Crown Prosecution Service and refers broadly to the way in which they operate on a national and local level to control crime and to uphold law. Although, such phenomena as 9/11 and 7/7, the recent popularity of the Wire, and the tabloid media’s zeal for disclosing “information” about criminal/terrorist networks has promoted the need to debate and question the powers and the systems used by our law enforcers, there are other reasons for people with an interest in crime to consider studying a Criminal Justice degree.

The first thing for prospective Criminal Justice students to acknowledge is the diverse range of career opportunities open to an individual after graduation. A Criminal Justice degree is not only well-suited to someone who might like to work as a ‘bobby on the beat’ in a small town police station, or for the CID in a more fast-paced city environment. There is also every reason that a graduate may be able to embark on a career in law, possibly as a barrister or lawyer. Additionally, there is also the chance to focus on community-based work, such as rehabilitation for juveniles or ex-offenders.

However, Criminal Justice degrees not only teach how to enforce and uphold laws, but there is also almost as much of a focus on the analysis of why crime exists in the first place. This might include study of the social and economic implications on areas of high crime and why extremes and types vary from place to place. There is also considerable study of the notion of criminality, and the important acknowledgment of the scale of crime.

A Criminal Justice degree today will also typically deal with the most relevant and recent areas of law and crime. These might include human rights, racism, terrorism, and the key issues therein. It is also possible to study such a future-orientated subject in the most up to date manner via home study or a course online, as well as by more traditional means.

Yet, perhaps one of the most important aspects of studying Criminal Justice is the responsibility gained when graduating and moving into a law-based job. Whilst being overseen by government bodies such as The Ministry of Justice and The Home Office, the future of law and the Criminal Justice system is very much in the hands of the ground-level enforcers and community workers who view crime first hand.

Futility in Criminal Justice and Prison Reform

Posted on January 22, 2019 in Uncategorized

Many issues confront criminal justice and prison reformers, some of them relatively futile. Today, reform-minded people are appalled at the racial and wealth disparities at each juncture leading to the end result of incarceration. The fate of convicted felons is a New Jim Crow regime, a pariah class, wherein convicted felons and their families are disadvantaged for the rest of their lives. The driver of the New Jim Crow is often considered institutional racism, racism working within a supposedly colorblind society. Institutional racism is tough to identify with precision.

The nature of our criminal justice system defies attempts to abolish group outcomes. Offenders are judged as individuals, not as a group. Each individual stands on their own case. Thus, it is very difficult to change the composition of an entire large group when each individual was selected for inclusion based upon individual circumstances, behavior, prosecution, evidence, crime, laws, defense, prosecutor, plea bargain, jury, judge, correctional decision and appeal.

Efforts to eliminate the huge racial disparities in America’s prison population are futile in other ways. How much effort should we exert to make fair a punishment method that doesn’t work? Recidivism and crime rates usually prove the ineffectiveness of incarceration, especially now that most prisoners do not perform hard labor. Making incarceration racially non-discriminatory does not change the negative outcomes for those sent to prison or we who pay the massive expenses and social costs. Sending people to prison harms society and the prisoners themselves. We will never succeed by making a failed system of correction “fair.” Failed systems are inherently unfair.

An issue exists concerning the privatization of prisons. This merely debates whether the isolating and warehousing functions of prison should be carried on by private or public means. The experience of the prisoner is relatively unaffected. Much less interest is shown in the privatization that would make a difference: hard labor for private employers. A debate over how to fail is not productive.

The length of prison sentences is open to debate, too. Studies show that increasing the length of prison sentences has relatively little deterrent value. Longer sentences generally equate to worse personal outcomes for offenders. How much failure is enough?

Solitary confinement is debated because it is known to produce prisoner insanity, but correctional officials need this sanction for security reasons, to protect vulnerable prisoners and punish misbehaving prisoners. Isolating offenders from schools, jobs, marriages, families, communities and religious groups usually harms the offender and those left behind. This isolation starts the first time a student is suspended or expelled from school. How much destructive isolation is warranted?

Progressive prison reformers 100 years ago wrote that to be successful, prisons must be self-sustaining with the hard labor of prisoners. Governments today create detention and incarceration systems, eventually learn of their failures, but then do not want to invest in successful outcomes or readily institute the changes necessary to thoroughly reform prisons. This political and social dynamic is not likely to change given the power of law-abiding society and the weakness of prisoners. Changes must make things better for law-abiding people.

The ultimate destiny of many offenders can best be provided with means other than incarceration as we now know it. True incorrigibles need to stay in prison and be put to work… or executed. Debates that do not help change the ultimate experience of punishment are doomed to some measure of futility. Although our society has gradually eliminated outcomes other than incarceration, abandoned methods must now be brought out of retirement, tested, improved and instituted in place of our failed social experiment of locking people up in cages and letting them sit idle most of the time. Methods that deserve another look include hard labor, judicial corporal punishment and the wearing of metallic collars, with or without electronic enhancements.

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