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War Criminals In Ww2 Essay
War Criminals of World War II World War II produced an overwhelming amount of war criminals,
mostly due to the mass murders of Jewish people during the Holocaust. The cruel and devastating
nature of these crimes warranted justice, and there was some level of confusion on how to go about
punishing the offenders. Unfortunately, because of the numerous amount of criminals, some of them
would go without punishment. While the allies did their best to serve justice as widely and fairly as
possible, many people would slip through the cracks of the legal system, and many people deserving
of prosecution did not get fairly punished Each war criminal was charged with the Four Counts of
the International Military Tribunal Indictment. Count One was the ... Show more content on
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Schirach's role in Germany during World War II was very important to the acceptance of the Final
Solution by the German citizens. The purpose of the organizations that he lead throughout the years
of the war were to integrate anti–semitic ideology into the minds of the new generations of German
people. His goal was to train all of the German youth to be blindly loyal to Hitler and everything he
believed in, as well as encourage them to always act on that loyalty thoughtlessly. They also trained
children as young as ten years old for military service once they reached eighteen, putting them into
training units and conditioning them to a life of violence. Despite the psychological warfare used by
Schirach, he was sentenced to only twenty years in prison (Nuremberg Trial Defendants: Baldur von
Schirach). This is as surprising as it is disappointing, that the Allies would allow a criminal who
manipulated and brainwashed so many people, children included, to escape with such a light
sentence in relativity to his crimes. He served his time in Spandau prison an eventually died in 1974
(Nuremberg Trial Defendants: Baldur von
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And London, By George Orwell: An Indictment Or A Narrative?
An Indictment or a Narrative? In his article "On Paris and London Pavements," Herbert Gorman
writes "the book [Down and Out in Paris and London] is an indictment of a world that permits such
destitution...to exist." In other words, Gorman believes Down and Out in Paris and London by
George Orwell is an account that serves to illustrate the conditions of poverty that existed in Paris
and London and condemn the world for allowing such conditions to persist in society. Indeed, Down
and Out in Paris and London vividly documents the precarious life of the poor in Paris and London,
and attempts to explain the impact of poverty on the lives of the poor. However, Orwell, up to
Chapter XXVII, does not attempt to blame an entity for such conditions, rather the author attempts
to understand what function the poor serve in society and describe his understandings of his ... Show
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"It does not matter whether his work is needed or not... work in itself is good" (Chapter XXII).
Orwell believes he is kept in that position because educated people fear what a plongeur would
accomplish should he be allowed to have leisure time (Chapter XXII). However, Orwell immediate
follows his ideas with that statement that they are made "...without reference to immediate economic
questions..." (Chapter XXII). What Orwell has accomplished in his book Down and Out in Paris and
London is a narrative of the conditions of the life of the poor, without any explicit blame placed on a
group or entity in society. Orwell offered his understandings he deducted while being without a job
and while working as a plongeur. Thus, Herbert Gorman's claim of Down and Out in Paris and
London being an indictment by Orwell is decidedly false under careful examination of the book up
to Chapter XXVII. The book serves to offer a new perspective to those who have falsely judged the
life of the
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Essay on The Sixth Amendment
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal
prosecutions in federal courts and it was ruled that these rights are fundamental and important. The
Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The
accused has the right to be informed of the nature and reason of accusation and also be confronted
with the witness against him as well as obtaining witness in his favor. In this research paper I will
provide a thorough analysis of these above rights and give some history of the 6th Amendment. The
Sixth Amendment was written by George Mason, who was a mentor of George Washington. It was
written just a month before the Declaration of ... Show more content on Helpwriting.net ...
However, Supreme Court has never set any particular time limit which must be applied. In addition,
the prosecution cannot delay too much the trial for its own advantage, but the trial can be delayed to
secure the presence of the witness. If it is found that a defendant's right to a speedy trial is violated,
then the indictment is cancelled and conviction is subverted. The reversal of criminal case on the
issue of speedy trial results in no further prosecution for the alleged offense. The reason for this
right was the fact that with the passage of time the witnesses can be lost because of death, blurring
of memory and other factors. However, there are also some other reasons: person in jail must be
supported at considerable expense and, sometimes, even family members must be assisted as well.
The guarantee of the speedy trial is one of the fundamental liberties embodied in the Bill of Rights.
The right has some limitations: it is activated only when the criminal prosecution has begun and
applies only to those people who have been accused during the prosecution. There are only two
cases known so far in which the Court held that the speedy trial right has been violated: Smith v.
Hooey (1969) and Dickey v. Florida (1970). In these cases the States preferred criminal charges
against people who were already confined in prisons of other jurisdictions as a
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Lay Magistrates and District Judges
Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is
eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who
by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the
appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of
Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to
65 years of age (with retirement at 70); anyone who is not of good character and personal standing;
an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a
lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net
...
Lay justices also decide many civil matters, particularly in relation to family work. Specially
selected and trained members of the Family Court Panels deal with a wide range of matters, most of
which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap,
not only because they are unpaid but also the cost of the trial itself is much less expensive than in
the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost
of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative
figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference
is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer;
but even so, it is clear that the cost both to the Government and to defendants who pay for their own
lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that
"the justices are chosen for their qualities of fairness, judgement and common sense, alert to the
needs and concerns of the communities they serve and enabling local issues to be determined locally
by local people. And, in the eyes of the public, they have one great advantage: that they are free of
the habits of thought, speech and bearing which characterise professional
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If This Office Pursues An Indictment Under 18 Theu.s. Essay
If this office pursues an indictment under 18 U.S.C. §1621 "Perjury Generally", 18 U.S.C. §1623
"False Declarations before a Court or Grand Jury", or 18 U.S.C. §1503 "Influencing or Injuring
Officer or Juror Generally", a jury will not likely convict based on the language of each law, each
law's elements, and relevant precedent.
18 U.S.C. §1623 "False Declarations before a Court or Grand Jury" & §1621 "Perjury Generally" 18
U.S.C. §1623 "False Declarations before a Court or Grand Jury" requires a narrow set of standards
that would make it difficult for a jury to likely convict an individual. 18 U.S.C. §1623 in relevant
part states, "Whoever under oath...in any proceeding before...a court or grand jury of the United
States knowingly makes any false material declaration...shall be fined under this title or
imprisoned..." At its core, the law states that any individual who lies under oath will be punished if
the individual understands that they are lying and said lies are capable of influencing the outcome of
a particular case. Therefore, in order for a jury to be likely to convict someone under §1623, the
government should prove, beyond a reasonable doubt, that the individual satisfied the
aforementioned conditions. The elements of 18 U.S.C. §1621 "Perjury Generally" contains two
relevant parts that must be satisfied in order for a jury to be likely to convict an individual. 18
U.S.C. §1621 in relevant part states, "Whoever having taken an oath before a competent tribunal,
officer,
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The Prosecution Of Charles V. (CPS)
Question 1 Charles has been charged with burglary and theft, which is an either–way offence, under
s.9 (1) of the Theft Act 1968 . This means he can be tried either summarily in the magistrates' court
or on indictment in the crown court. When deciding whether or not to charge and prosecute Charles,
the Crown prosecution (CPS) lawyer must refer to the Code of Practice for crown prosecutors issued
by the Director of Public prosecutions under s.10 of the Prosecution of Offences Act 1985 , in order
to make decisions about prosecutions according to the facts of each case following the guidance set
by the code. The CPS lawyer will make his decisions in accordance with the full code text in para.4
of the code set by the s.10 of the Act, to decide ... Show more content on Helpwriting.net ...
This means he can be tried either summarily in the magistrates' court or on indictment in the crown
court. The first court hearing will be the plea before venue in the Magistrates' court in Charles's
present, according to s.17 of the Magistrates' court. The court will explain the process to Charles in
language that he understands, Charles would be asked to indicate his plea of either guilty or not
guilty, the court will also make known to him that if he intends to plead guilty he will be dealt with
summarily according to s.9 of the MCA 1980 . However, if the magistrates' court feels the
sentencing powers was insufficient, then Charles will be sent to Crown Court for sentencing under
s.3 of the Criminal Courts (Sentencing) and then be sentenced as if tried on indictment. But if his
intention was not to plead guilty, the magistrates will adjourn the case for an allocation
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Essay On Mmueller Indictments
"Conservatives saw the savagery of 9/11 in the attacks and prepared for war; liberals saw the
savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding
for our attackers".
Iin the above, political cartoon, the audience is introduced to a wide range of interesting
information. There is a lot happening in this cartoon. The two main stories occurring in this cartoon
is the Mmueller indictment and the fake news uranium story; both issues have different meanings
but the cartoonist has blended the two together in this cartoon brilliantly.
The Mueller indictments, in the cartoon, are illustrated by the cartoonist, by displaying a man who is
standing with a very strong featured face. The cartoonist displaysThat ... Show more content on
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There are 5 indictments on the two. Matfort had has his bail set a 10 million and Ggates at 5 million.
Bboth are under house arrest.
75 million dollars was were laundered .Manford and Ggates have hidden their foreign ties from the
government and made fouls statements. Manford was laundering money for his life live style.
Manford and Ggates are accused of conspiracy against the United States.us
Furthermore, on top of the 5 indictments Mmueller also has proof that there were 5 people that have
laundered money and has released the names. To top off the cake, Mmueller has evidence that
Mmanford and Ggates have been negotiating with the Rrussians and Mmanford. And Ggates are
working for Trumptrup!
The fake news uranium in the cartoon, there is a unicorn with Ttrump in the saddle. riding it the
unicorn has the lettering," uranium story". and Ttrump has a flag in his hands that states says
Hhillary concluded. There is a text above the unicorn that says "fake news". so from research we
find out that the uranium story is all about a conspiracy that hHillary Cclinton sold 25 percent of the
United States's us's uranium to Rrussian. For her her
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A Woman Arrived On The Scene Of Pick Up Crenshaw
A woman arrived on the scene to pick up Crenshaw as the events were unfolding. She recalled the
struggle appeared to be Wilson pulling Brown in the vehicle and Brown fighting to pull away from
the vehicle. After hearing a gunshot, Brown broke free and began to run away. The officer followed
Brown while shooting at him. She said she saw Brown's body jerk, as if he had been hit by a bullet,
and turned around with his hands up. Wilson continued to walk toward Brown and fired several
more shots until Brown fell, face–first on the pavement.
A construction worker that was working nearby gave his account of the incident and requested that
he remain anonymous. He saw the officer chasing Brown and was 10 to 15 feet behind him when he
fired and struck Brown. Brown stopped at that point and said, "OK, OK, OK, OK, OK." He turned
around with his hands up and started walking toward Wilson. Wilson was stepping backward, away
from Brown, as he was firing at him. The construction worker stated that he could not tell if Brown
was stumbling forward or aggressively approaching Wilson but denied Wilson's report that he was
rushing toward him.
James McKnight claimed to witness the shooting and reported seeing Brown raise his hands as he
stopped and turned toward the officer. He said Brown stumbled in the officer's direction but did not
rush him.
Another resident in the area witnessed Brown walking toward Wilson at a steady pace. Phillip
Walker denied that Brown rushed toward Wilson
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Essay On The Fifth Amendment
Explain the details of what the Fifth Amendment provides citizens and its use of it in the 2012
Meningitis Outbreak?
Fifth Amendment
The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8,
1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15,
1791 as "Bill of Rights". It provides a number of rights which are relevant to both Civil and
Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids "double
jeopardy" and also protects against self–incrimination. In Civil cases, it requires the "due process of
law" to be part of proceedings which denies a citizen "life, liberty or property". At the same time it
requires government to ... Show more content on Helpwriting.net ...
In 1884, Supreme Court in Hurtado v. California decided not to incorporate this system in all of the
states. Later, most of the states except Connecticut and Pennsylvania started similar Grand Jury. A
Grand Jury consists of 12 to 23 members and since it was derived from common–law, Grand Jury
clause is interpreted from common–law itself. Grand Juries giving indictment in any kind of
criminal cases formed with a jury of peers and its proceedings are operated in private and closed
environment. These Juries are also provided specific instructions regarding any kind of law by the
judge. The Grand Juries have other rights like many constitutional restriction and constraints which
apply in a court, do not apply during grand jury proceedings. Exclusionary rule is an example which
does not apply when specific evidences are presented to a grand jury.
There are few other points covered in this amendment which are as follows:
 During Grand Jury hearing, it is not in the right of an individual to have an attorney available in
the hearing room. This kind of right is applicable when the person is being questioned by the police
while in custody. If the person is testifying before a grand jury, he/she is allow to go outside the
hearing room and consult his/her attorney before answering a question in the grand jury room.
 These days, federal law allows the trial of minor wrongdoing without indictment. In trial of non–
capital misdeed, if the defendants waive their Fifth
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Criminal Crimes And Criminal Justice
Bail is the next step of the process and the suspect may try to get bail, " Bail is an amount of money
or other security that is designed to insure a criminal defendant 's return to court if released from
jail. Although bail may be reconsidered at any stage in the criminal process, this is usually the first
opportunity to set it (Wright, 2012). A judge can also deny bail if the crime is very serious, or if they
are considered a risk and if they have a criminal history.
In some cases the prosecutor leaves it to grand juries to decide whether charges should be filed.
Grand juries are similar to regular trial juries. They are made up of randomly selected individuals.
"A grand jury consists of between 16 to 23 citizens who have the duty, after reviewing the evidence,
to vote on a proposed criminal charge. Generally, the grand jury hears evidence only from the
government. In order for a person to be indicted, at least 12 members of the grand jury must find
that there is probable cause to believe that the person to be charged committed the crime or crimes
to be charged. Grand juries meet in secret proceedings, and decided whether there is enough
evidence to warrant a trial.
"When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges)
and introduces evidence –– usually the minimum necessary, in the prosecutor 's opinion –– to secure
an indictment. The proceedings are secret; it is standard practice to call witnesses to testify against
the
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Martin Luther King's Grand Jury Indictment Group...
One of Dr. Martin Luther King Jr's most influential actions was leading the non–violent
Montgomery Negro bus boycott. The boycott resulted after Rosa Parks, an African American
woman refused to move to the back of the bus. The article, "Grand Jury Indictments Sement Group
Solidarity to Fight for Their Rights" written in March 1956 explains that some of the men part of
this boycott were indicted by the grand jury to investigate the boycott. The article states, "dedicating
themselves to mass movement of passive resistance using only the weapon of love, Montgomery
Negro bus boycott leaders promised this week that nothing will change in the 12–week–old protest
even though nearly 100 of them face possible jail sentence for their part in the boycott
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Cja364 Supreme Court Case Paper
Supreme Court Case CJA/354 Supreme Court Case The discovery of unethical billing alongside
unethical accounting practices provoked a chain reaction towards a hospital accountant by the name
of Rehberg. An accountant trying to serve justice was entangled in a web of lies. Rehberg vs. Paulk
is a very interesting Supreme Court case. Rehberg vs. Paulk embodied much of the injustice that is
not presented to the public when sworn officials break the very laws that are supposed to be
protected. The Rehberg vs. Paulk case provides controversy among different jurisdictions within the
judicial system and gives examples of the different elements of crime within the case. Although
Rehberg was doing his job, he discovered ... Show more content on Helpwriting.net ...
Paulk admitted that there was no evidence nor were there any witnesses that were interviewed (566
U.S.). The testimony in front of the second grand jury by investigator Paulk was a complete lie.
Before the second the second indictment could be dismissed Paulk appeared in front of a third grand
jury, which was also was dismissed (566 U.S.). Paulk believes that he is immune against civil suits
for providing false testimonies because law enforcement agents cannot receive a civil suit against an
agent. Paulk was sued by Rehberg for malicious prosecution that he endured. Paulk also was not
immune for a swearing complaint and a written affidavit that fails to establish probable cause.
Rehberg verse Paulk is an interesting case because Paulk is allowed falsify evidence and lie
repeatedly to get an indictment on an innocent man without repercussions. Paulk could have ruined
Rehberg's life while the previous judges would have known that Paulk was lying constantly
(Schmalleger, Hall, & Dolatowski, 2010). This case is interesting because it shows the checks and
balances within the judicial system and how the first or second court could be a liable accomplice
because the courts knew that Paulk's evidence and testimony was false. Rehberg shows that the
courts do a good job protecting the amendments, which law
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Comparing The Judiciary: Pretrial, Plea Bargaining, And Trial
The Judiciary: Pretrial, Bail, Plea Bargaining, and Trial.
Group C
Explain what a grand jury is to your classmates.
A grand jury is a group of approximately 23 individuals involved in trying federal criminal cases,
who are presented with evidence by the prosecutor in which they use to determine if there is
"probable cause" to indicate that a crime has been committed and if the accused should be taken to
trial. (United State Courts, 2012)
How does a grand jury work?
A grand jury works like this.... First, a group of individuals are randomly selected via a jury pool
such as voter registries or drivers licenses. Those selected individuals are asked to fill out a
questionnaire and then based on that questionnaire they are also asked questions by the judge and
attorneys. Based on their answers they are selected or not selected to be on the jury for that
particular case. Once the jurors are selected (at least 16 jurors have to be ... Show more content on
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Grand Jury: This is where the crimes and criminals are investigated and official indictments are
made.
4. Arraignment: This happens after an indictment has been made by the grand jury. During
arraignment the defendant is informed of his/her charges, defense attorney says whether defendant is
guilty or not guilty.
5. Plea Bargaining: This is where the criminal pleads guilty for a reduction of sentencing from the
prosecution.
6. The Criminal Trial: If offenders choose not to plea bargain then this is where they end up. Here
the prosecutor tries to prove that a crime was committed and that the defendant is the one who
committed it, while the defense attorney tries to prove otherwise. Testimonies are heard, evidence is
examine, and both prosecutor and defense attorneys conclude with closing arguments. Juror then
deliberate, then defendant is either found guilty, not guilty, or it's a hung jury. A hung jury means
that the jurors could not reach a verdict, which would lead to a mistrial. (Wright, 2012)
Why do so few cases end up going to
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Essay on Ford Pinto Trial
Ford Pinto Trial
The objective of this paper is to investigate what led to the Ford pinto criminal trial and the impact
that it had. What led up to the criminal indictment of Ford, the trial itself, the verdict of the trial will
be discussed. The Impact that this trial has had on the Automobile industry will also be investigated.
In the late 1960's there was strong competition from VW and several Japanese companies in the
small car market. Due to this competition Ford hurried the design of their small car, the Pinto, to
market. Since the car was rushed into market and the specifications for the car were that it weigh
under 2000 pounds and cost less than $2000, safety was not a major concern in the design of the
pinto.1 In ... Show more content on Helpwriting.net ...
In the 1977 September/October issue of Mother Jones there was an article written by Mark Dowie
named "Pinto Madness". This article told of Ford's decision to sell a car in which they knew
hundreds of people would be burnt to death. To make sure that this information did not just stay in
the pages of Mother Jones, Dowie called a press conference on August 10, 1977 in Washington D.C.
in order to get national exposure.3 That day as a result of this announcement the National Highway
Traffic Safety Administration (NHTSA) announced a preliminary evaluation of the Pinto's Dangers.
One month later NHTSA announced that they had initiated a formal defect investigation to
determine whether the problem constitutes a safety related defect within the meaning of the National
Motor Vehicle Safety Act of 1966.2 Mid–February of the next year the Pinto's problems were in the
media's headlines again. In a landmark case a jury awarded Richard Grimshaw, a Pinto burn victim,
$125 million in punitive damages and another $2.8 million in compensatory damages, "The largest
award ever made by a jury in a personal injury case".2 About the same time $666,280 was awarded
to the family of Lily Grey, who had died in an accident. These amounts were much more than the
$200,000 for a human life and the
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The Judicial System Of The Court System
In today's society, the United States court system has a very strict order due to the fact that rules and
regulations used to not be as exclusive as they are now. One of the various steps in the court system
is that of the preliminary hearing and the grand jury. There are three main issues that are
incorporated in the preliminary hearings which include, when it is required, the appropriate standard
to determine if the prosecution has a case, and the procedural rights included at the hearing
(Whitebread and Slobogin, 2008, p. 623). The court system is made up of various aspects of
different regulations but one of the key components is that of the grand jury. The grand jury
continuously changes, but as of now relies more on the prosecutor than it has in the past.
The preliminary hearing is an important part of the judicial system but under the federal constitution
and various state laws, it is not required by the constitution. The defendant also has the right to
counsel under the sixth amendment. Under the preliminary hearing statue, the prosecutor may show
probable cause to arrest and the evidence can also be admissible at trial. The preliminary hearing
typically takes place after the initial appearance, the Gerstein determination, and the bail hearing. In
the preliminary hearing, the judge can also decide if there is enough evidence to send the defendant
to trail. In Lem Woon v. Oregon (1913), the court refused to apply the Fifth Amendment's obligation
that only serious
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The Importance Of The Pretrial Process Of A Trial
The importance of the pretrial process in a trial is paramount. For the defense, hearings held before
the trial could assist them in suppressing evidence, getting charges dismissed, discovering more
about the charges of the accused, discovering witness testimony and to lock it in, as well as other
things. Motion hearings are extremely important to the defense to see if they should continue with
going to trial or not. Only a small percentage of cases actually go through the trial process, also
known as to the "box". Pre–trial procedures are needed to dispose of a majority of cases using
dismissals, plea bargains, and other ways. A pretrial is like the defense team "doing their homework"
before the trial begins.
Pretrial ... Show more content on Helpwriting.net ...
(Attorney Jeffrey J. Randa, n.d.)
The Role of the Grand Jury According to ("How Does a Grand Jury Work", 2017), a grand jury is
when 16 to 23 people random people are selected in their community to serve jury duty at the
courts. However, this action is mandatory and is known to be the first procedure in a criminal trial.
The role that the grand jury performs is to work with a prosecutor to make a decision by observing a
crime that was committed, as well as trying to make a decision on whether or not that individual is
guilty or innocent using the "facts" of the case. The proceeding of the grand jury is a lot calmer than
a regular courtroom proceeding. Although the proceeding is to be strict and confident, this helps
encourage the witnesses to speak freely without being fearful and thinking that someone will try to
retaliate on them. It also protects a potential defendant's reputation; just in case the jury does not see
it is the right thing to agree on to indict the individual. The reason for this is because there is no
judge present or any lawyers unless the defendant requests his defense lawyer to be there. The
prosecutor will be present. The prosecutor will also give a better understanding of the law to the
jury, and introduce themselves as the person that will assist the jurors with collecting and
understanding evidence, as well as hearing testimony.
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Examples Of Superior Court Cases
1. What type of cases you heard and how are District Court cases different from Superior Court
cases?
At Superior Court I went to courtroom 4C and 3C. I heard cases about felony such as breaking and
entering a house, possession of drugs, fraud, larceny, probation violation, possession of stolen
goods, and injury to property.
At District Court I went to courtroom 1C and 1D. I heard cases about misdemeanor such as assault
inflicting injury, simple assault, impaired driving, speeding, and revocation driver's license.
In district court, criminal cases begin with a "complaint" filed by the police, or private individual in
the clerk's office. District Court heard Misdemeanor offenses and conducts preliminary hearings to
determine if there is enough ... Show more content on Helpwriting.net ...
If the grand jury (group of citizens) decides there is probable cause to believe a crime has been
committed, they issue an indictment whose individual is notified and must appear in superior court
on the arraignment date, the first court date.
2. The difference in how Prosecuter, Defendants and Defense Attorneys conduct themselves?
At District Court:
– Prosecuter
The prosecuter asks who has an attorney to the people that wait in the courtroom. If someone do not
have a lawyer the State will provide one. He also calls the parties name in dispute to start the
hearing, says the number docket to the judge and reads the indictment. He is seated in his desk all
the time.
– Defendants
The defendants are dressing regular clothes. They still have freedom and can leave the courtroom
finishing the hearing. All defendants are in the same courtroom waiting for their turn. They usually
stand up in front at the judge and besides their lawyers when starting the hearing. Sometimes, the
judge advices them or make questions to them.
– Defense Attorney
Defense attorney and client are stand up in front of judge. Usually the defense attorneys plea guilty
to their client and makes an arrangement with the judge. The defense attorneys sometimes present a
motion to the judge that can be denied or
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George Orwell's Indictment Of Totalitarianism
"No one man should have all that power/The clocks ticking, I just count the hours/Stop tripping, I'm
tripping off the power/Till then, fuck that, the world's ours."
To someone who prefers Orwellian literature over contemporary rap, these lyrics could be
interpreted as a brief crude summary of Animal Farm's final five chapters. In taking a second glance
at this verse, Kanye West also gives us an insight into how George Orwell viewed Totalitarianism.
Orwell's Animal Farm, in alluding to Communist Russia, characterizes Totalitarianism as a political
system that stems from exclusivity, blurs the lines between ideologies, and serves to the detriment of
all–despite being led by a powerful minority, who at the least, should be pleased with the fruit of
their efforts. This is Orwell's indictment of Totalitarianism, and throughout this essay we will scale
through its causes, as well as the adverse and ultimate effects of its existence.
Orwell's primary indictment of Totalitarianism stems from an analysis as to why it surfaces in the
first place–lack of opposition. ... Show more content on Helpwriting.net ...
Promises are retracted, and the commandments that were once irrevocable are changed to meet the
needs of Napoleon and his "henchmen." Napoleon begins to engage in trade with Pilkington, a
former partner of Mr. Jones. The end product is a farm that is no different from the one that was
rebelled against years prior, and a reality in which man and pig could not be differentiated: "The
creatures outside looked from pig to man, and from man to pig...it was impossible to say which was
which." (Orwell, 141) This statement demonstrates the incongruous nature of totalitarianism.
Regardless of whatever ideals a totalitarian leader may endorse, the end product of a totalitarian
state, whether it be a "capitalist" or "communist" one, does not vary much–if at
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Pros And Cons Of Grand Jury
In America's justice system, a grand jury is a group of citizens called to decide whether probable
cause exists to believe that a suspect committed the crime with which she or he has been charged
(Gaines G–4). In the Central District of California, prospective jurors who report and are not
excused or postponed, the Jury Clerk will use a computer program to randomly select 23 members
and ten alternates for each grand jury. A grand jury designated "investigatory" meet for a 12–month
term, while a grand jury designated "accusatory" meets for a 6–month term. A grand jury has 23
members and meets once a week, always on the same weekday. Grand juries do not meet on
weekends or Mondays. The average workday is 5 hours. Absences for medical appointments,
vacations, graduations, etc. may be accommodated, but 16 members must be present for the grand
jury to conduct business. The grand jury serves the United States District Court, Central District of
California. In contrast, a trial jury is asked to reach a verdict based on the evidence presented during
a civil or criminal trial; a grand jury meets in secret to consider whether there is sufficient evidence
to justify a formal criminal charge against someone. That formal criminal charge is called an
"indictment" (Central).
San Bernardino County grand jury plays a distinctively different role in the judicial system. It is
composed of 19 persons (or 23 in counties with over 4 million residents) selected from a group of 30
citizens
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Hardy 's Tess : An Indictment Of Victorian Sexuality And...
Hardy's Tess: An Indictment of Victorian Sexuality and Gender Ideology Often, great works of
literature are ahead of their time, are rejected by their contemporary audience, and are only
recognized as great works when time comes astride with them. For example, contemporary critics of
Charlotte Bronte's novel Jane Eyre thought that it was entirely too passionate and possibly anti–
Christian. Elizabeth Rigby even affirms, "that the tone of mind and thought which has overthrown
authority and violated every code human and divine abroad...is the same which has also written Jane
Eyre" (93). Another such novel, Thomas Hardy's Tess of the D 'Urbervilles: A Pure Woman
Faithfully Presented, though initially thought to be scandalous and overtly sexual, was eventually
"recognized as one of the great English novels" (Guerard, Tess XII). In the novel, Hardy presents his
ideas and challenges Victorian ideas of sexuality and gender through his representation of Tess
Durbeyfield, the protagonist. Today's critics, with the advantage of hindsight, generally agree that
Hardy was an apt novelist. Karen Swallow Prior asserts that Hardy's Tess challenged Victorian
ideals, and that Hardy was "a man ahead of his time." Considering the conservative time in which
Hardy lived, it was not difficult to be avant–garde. Hardy lived during the England's Victorian
period, "a time of great psychological repression" (Sousa 2). The Victorians maintained extremely
hidebound ideas about most matters, but they were
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Probable Cause
Tillian Stokeling
November 10, 2010
Criminal Procedures
Mid– Term Probable cause does not rise to the level of proof beyond a reasonable doubt but must be
beyond a mere hunch or guess. The legal standard to a probable cause arrest is when an officer finds
evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer
that a crime has been or is being committed and would lead to the arrest of and offender. There are a
variety of sources to establish probable cause and they are personally observed facts by an officer,
information received from an informant. When information supplied by informant the courts and
police need to know what facts was observed by them and why should their information be ... Show
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The defense case in chief must mount a defense that either demolishes the prosecutor's case or, at a
bare minimum, creates reasonable doubt in the minds of the jury. A defendant has no burden of
proofs in any criminal case and can still prevail without introducing any evidence with the exception
of affirmative defenses. Based on the Fifth Amendment the defendant may choose not to testify to
avoid self– incrimination. The defense counsel also calls defense witnesses for direct examination.
Defense testimony may also include expert witnesses who have special training and qualifications
and are permitted to offer opinions. The prosecution is permitted to cross–examine each defense
witness.
Reasonable Suspicion is a crime has or about to occur. If an officer has some suspicion of
criminality of a person they are allowed to do a limited stop and frisk of the individual just for the
safety of the officer. The Terry, courts have adapted the stop and frisk rationale to situations
involving automobiles and airport detentions. A reasonable level of force may be used to effectuate
the stop if the individual proves resistance. The subject may be briefly questioned about the unusual
conduct; if the explanation proves unreasonable, and the officer reasonably believes the person is
armed and dangerous, he or she may conduct a limited search of the outer clothing. The facts that
generate an officer's reasonable basis to suspect criminal activity may be derived from the
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Med County Harvard Case Summary
The undersigned attended the Lien Conference held at the Fresno Workers' Compensation Appeals
Board on May 11, 2017. The undersigned appeared on behalf of Mr. Rod McClelland. Mr.
McClelland had an unavoidable calendar conflict on the day of the hearing. If you have any
questions regarding this Lien Conference, please do not hesitate to contact either myself or Mr.
McClelland.
Appearances
Present at the Lien Conference, in addition to the undersigned, was lien representative, Ms. Gina
White, on behalf of Med Nation, Inc., United Health Services, and New Age Pharmacy. Lien
representative, Mr. Bill Klomhous, was present on behalf of Encino Care Pharmacy and
Comprehensive Interpreting. Lien representative, Ms. Blanca Rivera, was present on behalf ... Show
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Therefore, we prepared the five–page Pre–Trial Conference Statement and our list of exhibits before
approaching Judge Sims. Unfortunately, Judge Sims courtroom was very busty that day. However,
eventually we were able to present the case to Judge Sims and set the matter for Trial.
The Lien Trial has been set for September 21, 2017 at 8:30 a.m. before Judge Richard Ellis. As
previously noted, the lien claimants have a high burden to meet in order to substantiate their
services. All the lien claimants have put the applicant, Pedro Sanchez, as a witness. The applicant
will need to be present in order to establish AOE/COE. Whether the lien claimants will be able to
get the applicant to appear for the Lien Trial is uncertain.
Plan of Action for Further Handling
We will appear at the Lien Trial on September 21, 2017 in order to protect your interest. Without
subpoenaing our medical file, the lien claimants will have a tough time meeting their burden of
proof.
This file will now be returned to Mr. McClelland for further defense handling. If you have any
questions regarding this hearing report or any other issues, please do not hesitate to contact either
myself or Mr. McClelland. It was a pleasure to handle this file on your behalf on a one–time
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How Did Aaron Swartz Commit Suicide?
Aaron Swartz amassed public attention subsequent to his indictment for trespassing and hacking the
Massachusetts Institute of Technology (MIT). Pre–indictment, Swartz collaborated on technological
issues, including the establishment of Reddit. Activism previous to the MIT hacking led the Federal
Bureau of Investigation (FBI) to Swartz's door, but accusations of criminal conduct were abandoned.
Post–indictment and pre–trial, Swartz committed suicide. Speculation of prosecutorial overreach
plagued conversations about the suicide. Opinions about Swartz fluctuate, but his death formed a
stain on the U.S. Attorney's Office of Boston. Born on November 8, 1986, to Robert and Susan
Swartz, Swartz was raised in the Chicago suburb of Highland Park, Illinois. At three, Swartz's father
introduced him to computers, and according to Swartz's mother, he ... Show more content on
Helpwriting.net ...
Before the trial, "Swartz returned everything he had downloaded, and JSTOR, conscious of its
public image, told prosectors that it did not want to see him go to prison." Ortiz and Heymann, who
was previously involved with a "hacking case that ended with a suicide" (Hsieh), persisted with a
"thirteen–count felony indictment" (Peters 5–8). This indictment posed "potential penalties of up to
35 years in prison and $1 million in fines." On January 11, 2013 Swartz committed suicide in
Brooklyn, New York. Swartz was 26 (Schwartz). The funeral of Swartz was held on January 15,
2013. In Highland Park, "hundreds of mourners filed past Aaron Swartz's coffin in the parking lot of
the Central Avenue Synagogue." Robert Swartz, eulogized Swartz with the following statement:
"Aaron did not commit suicide. He was killed by the government, and MIT betrayed all of its basic
principles." Swartz's father was not solitary in his belief of government overreach, his "claim
became the dominant narrative: the government hounded Swartz to his grave, and MIT sat
complacently and watched it happen" (Peters
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Opinions And Orders Of The United States Court Of Appeals
OPINIONS AND ORDERS The opinion of the United States Court of Appeals for the Thirteenth
Circuit. R. 22–30. The decision and order of the United States District Court, District of Wisteria
denying Plaintiff's Motion for a New Trial. R. 13–21. CONSTITUTIONAL AND STATUTORY
PROVISIONS This case involves questions relating to Section 10(b) of the Securities and Exchange
Act of 1983. 15 U.S.C. § 78j(b) (2012). It also involves issues related to the willfulness requirement
in the penalties provision of the Securities and Exchange Act. 15 U.S.C. § 78ff(a) (2012). Finally,
the case involves questions related to the hearsay exception for former testimony under the Federal
Rules of Evidence. Fed. R. Evid. 804(b)(1). STATEMENT OF THE CASE ... Show more content on
Helpwriting.net ...
R. 3. Abernethy told Bookwalter that it was a "nightmare, financially" and that he was only telling
Bookwalter as a favor to him. R. 3. While Bookwalter did own iTech stock, he did work as a stock
broker. R. 3–4. The Second and Third Tips After learning about iTech, Bookwalter approached
Corinne Cuzick ("Cuzick"), a hedge fund manager and a close friend. R. 4. Bookwalter told Cuzik
what Abernethy told him about iTech's financial shortfall. R. 4. Cuzik asked why Abernethy would
tell Bookwalter, and Bookwalter stated that he believed Abernethy was "looking out for family." R.
4. After talking to Bookwalter, Cuzik executed a sell order on her sizable iTech stock. She then
approached Dana DiNofrio ("DiNofrio"), a financial adviser and a friend. R. 4. Cuzik proceeded to
tell DiNofrio that she had good information that iTech's profits were poor. R. 5. While, DiNofrio did
not know Abernethy and Bookwalter personally, she did know who they were and knew about their
relationship. R. 4–5. The Monday after the party, DiNofrio sold her iTech stock as soon as the
markets opened. R. 5. When iTech announced its earnings, its stock value fell by 20% within thirty
minutes. R. 5. Cuzik averted a 2.1 million dollar loss for her hedge fund, while DiNofrio averted a
loss of 3 million dollars. R.5 SEC and DOJ's Investigations into the Tips Cuzik and DiNofrio's
trades were immediately flagged by computers at the Security Exchange Commission
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Ken Paxton Case
Hayley Knox
Texas Attorney General receives an Indictment
The Texas Attorney General Ken Paxton was charged with 2 first–degree felonies for security fraud
and a third–degree felony for failing to register with the state to sell securities. His bond was set at a
total of $35,000 and he was later released pending the trail on his personal recognizance bonds. (Hs,
Adam G.)
"Attorney General Ken Paxton will not plead guilty to these accusations and he will demand a trail
by jury" said Joe Kendall, Paxton's lead defense attorney. (Sources) Mr. Paxton is looking forward
to telling his side of the story in the courtroom of "Tarrant County Judge George Gallagher".(Kxan)
" Judge Gallagher gave instructions to make no further public comments or publicly ... Show more
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(Hs, Adam G.) The state of Texas does not require Paxton to resign while he is fighting the charges.
The indictments are related to a company called "Servergy, a McKinney–based company that also is
under investigation by the federal Securities and Exchange Commission." (Sources) The two named
victims are Republican State Rep. Byron Cook of Corsicana and a businessman named Joel
Hochberg. (Sources)
The indictment states that in June of 2011, Paxton was engaged in fraud by the offer for sale of
common stock for Servergy. He is accused of not disclosing that he was not personally invested in
Servergy and that he received compensation for soliciting investors in the form of 100,000 shares of
Servergy stock. He is accused of encouraging people to invest more than $600,000 in Servergy
without disclosing he made a commission. (Source) In Paxton's most recent filing with the state
Ethics Commission it does show he owns at least 10,000 shares. Paxton's "failure to register" charge
is connected to Frits Mowery, a McKinney investment advisor, who is a friend of Paxton and
received referrals from Paxton. Paxton didn't advise that he was getting large commissions on the
referrals to the clients. The victims in the failure to register case were James and Freddy Henry.
Paxton was paid 30% of management fees according to
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Plato's Arguments Against Meletus In The Apology By Socrates
The Apology is Plato's account of Socrates's defense in the Athenian court against the charges
brought forth by Meletus. The second charge Socrates argues against is he is, "guilty of... not
acknowledging the gods the city acknowledges, but new daimonic activities instead (24b)."
Socrates's argument revolves primarily around the Meletus's claim that he believes in no gods, and
he proves through the original indictment that, Meletus says he both does and does not believe in
gods.
Socrates begins his defense against this claim by asking Meletus if this charge is how he corrupts
the young. He then asks Meletus to clarify what he means by the charge, and asks Meletus if he
thinks Socrates believes in no gods at all. Meletus answers yes, and proceeds to hold steadfast in his
claim that Socrates believes in no gods. He then claims that Socrates teaches others that the sun is a
rock and the moon is made of earth, two ideas brought forth by Anaxagoras, long before Socrates.
Socrates responds by saying that he would be ridiculed if he tried to teach these ideas, because the
ideas are old and easy to learn, and because of how strange the ideas are. (26b–e) ... Show more
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He begins by using an argument by analogy, to prove that whoever believes in daimonic activity,
believes in daimons. He restates the indictment which claims that Socrates teaches about daimonic
activity and therefore he believes in daimons. Meletus agrees that daimons are either gods or
children of gods. If daimons are gods, then Socrates must believe in gods; and if daimons are the
children of gods, it follows that Socrates must still believe in
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State V Etzweiler Case Brief Summary
State v. Etzweiler (New Hampshire 1984)
Parties: Petitioner = State of New Hampshire Respondent = Mark Etzweiler, Ralph Bailey
Legal Claim: State of New Hampshire (Superior court) questioned whether certain laws applied to
the specific facts of Etzweiler's case. Ralph Bailey was indicted for manslaughter and Mark
Etzweiler was indicted for negligent homicide after the fatal accident involving bailey had occurred.
Facts:
On July 30, 1982 Mark Etzweiler and Ralph Bailey arrived at the plant where they both worked, in
Etzweiler's car.
Ralph Bailey had been drinking a few alcoholic beverages and was allegedly intoxicated.
Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his
vehicle while he ... Show more content on Helpwriting.net ...
Holding: No, Etzweiler cannot be an accomplice to negligent homicide committed by Bailey
Reasoning:
The court held that the deaths occurred as a result of Ralph Bailey's reckless conduct when operating
the vehicle.
They also held that there could be no accomplice to the negligent homicides and dismissed
Etzweieler's Indictments.
Because Bailey was not aware that his actions were going to result in homicide he did not have to
intent to do so
Therefore, Etzwieler could not be held liable even though it may appear that he was an accomplice
to Bailey's intoxication
Concurring: Justice Souter – accomplice is unclear, they must knowingly be aware that a crime
would occur, metal state of the individual would also determine if there was intent that the homicide
would occur
Dissenting: Justice King, Etzweiler should be held accountable because he knowingly gave Bailey
the keys to his car even though he was drunk
An individual must be present during the time of a homicide in order held as an accomplice
An accomplice (Etzweiler) can only be held liable for a crime that he intended to facilitate negligent
homicide, in which this case he did not have
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Martha Stewart Insider Trading Case
ETH 501
Module 1
Case Assignment
The Martha Stewart insider trading case was a high profile case filled with uncertainty. In order to
say whether or not Stewart handled her indictment responsibly, it is necessary to start with an
assumption regarding her guilt or innocence. For the purposes of this paper, based on the
information I have read about the case, and based on the fact that she was found guilty of all counts
(although not all specifications) in her stock conspiracy trial (with the exception of the security
fraud charge which was thrown out), I will assume that she is guilty. (courttv.com) Based on that
assumption, there are several reasons that Martha Stewart did not handle her indictment responsibly
which can be ... Show more content on Helpwriting.net ...
The prosecution attempted to prove that the ink used to make that annotation was not the same at the
ink used on other parts of the paper. The prosecution's witness in this portion of the case was a
Secret Service agent who was later charged with perjury for repeatedly lying on the stand
(courttv.com). Also, in later questioning the witness admitted that it was impossible to determine
how many different blue pens were used on the worksheet. At any rate, the prearranged price as set
by Stewart might have seemed a little too convenient to some. The question here continues to deal
with duty and the greater good. If Stewart and Bacanovic did not have this prior arrangement set up,
then it was Bacanovic's duty to Merrill Lynch and to the investors to uphold the responsibilities of
his position. Again, this situation deals with the greater good of the investors as a whole, not just
Martha Stewart as an individual, and therein lies the purpose behind the rules in place. Aside from
lying about her decisions, Stewart also attempted to hamper the investigation by providing false
information. Stewart attempted to alter the contents of the phone message from Bacanovic's 27
December 2001 phone call. This is a fact that was verified by Stewart's assistant. Altering evidence
is generally reserved for the purpose of making a situation look better than it is. The fact that
Stewart attempted to change
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No Repository Of Human Knowledge
Aaron Swartz was a computer computer prodigy and activist for political and societal change. From
adolescent Swartz amassed attention within the technological community from designing websites
to his intellectualism. As an adult, Swartz railed against established society through activism.
Ultimately, the activism led to his arrest and death at 26. Opinions surround Swartz fluctuate, but his
work continues to survive after his death. Born on November 8, 1986, to Robert and Susan Swartz,
Aaron was raised in the Chicago suburb of Highland Park, Illinois. At three, Swartz's father
introduced him to computers, and according to Swartz's mother, he "took off like crazy on them." As
an adolescent, Swartz programmed The Info Network, a website tasked with the purpose of
documenting the "...vast repository of human knowledge." At Swartz's junior high school, ArsDigita,
a website designing firm, hosted a competition and The Info Network received first prize. To accept
the award, Swartz flew to Cambridge, Massachusetts (The Internet's Own Boy). In Cambridge,
Swartz met Lawrence Lessig, a professor at Harvard Law School. Swartz and Lessig began a
collaborative relationship working on copyright issues. At one point, Swartz flew to Washington
D.C. to watch a Supreme Court argument on the issue of copyright. Back in Highland Park, Swartz
began disillusioned with the high school educational system (The Internet's Own Boy). In 2011, at
Harvard University, Swartz explained his anti–school
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Socrates The Apology Analysis
Socrates died after his attempt to persuade the Athenians by telling the truth during a time when
truthfulness was of little concern. I found unit 3 to be extremely interesting because I never knew
about the trial or death of Socrates. Socrates is known as the father of Greek Philosophy and was put
on trial by citizens of Athens in 399 399 B.C.E. for allegedly corrupting the youth and Impiety. Unit
3 allowed me to examine the trial and learn about the attitudes of people in Athens during this era.
The title of the dialogue I learned about was, The Apology. The Apology was dialogue written by
Plato, one of Socrates student's and admirers, in an attempt to defend Socrates' reputation after his
death. It is a description of the speech that Socrates gave when he was on trial for the alleged
crimes. Learning about the trial of Socrates was interesting to me because it caused me to examine
the way criminal indictments has changed over the years. Nowadays, criminal indictments occur
after someone has been taken to jail and charged ... Show more content on Helpwriting.net ...
Meletus simply told Socrates to appear in court before the King Archon for the charges of impiety,
on a certain date. During this appearance, a date was set for the preliminary hearing where the
public could attend (Criminal). This is dissimilar to the way criminal indictments are obtained today.
In order for a person to be criminally indicted these days, a prosecutor, not peers or citizens, must
first present the criminal case before a grand jury and there are no judges present. During this
procedure, the prosecutor can call upon witnesses and provide a probable cause for the indictment to
move to a court of law. Then the grand jury decides whether or not to allow the case to go to court
(What is). Socrates and Meletus was heard by the magistrate at his preliminary hearing, afterwards,
the magistrate drew up formal charges and set a court date for the trial to be publicly held
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What Role Did Lemkin Play In The Nuremberg Trials
In November 1944, Polish–Jewish lawyer Raphael Lemkin published his influential book the Axis
Rule in Occupied Europe. It was in this book where Lemkin exposed the multiple flaws that existed
in international law and requested the recognition of a new crime, which he named 'genocide'. It is
suggested that Lemkin wrote the Axis Rule to use as evidence for anticipated war crime trials that
would be carried out once WWII ended, and that he was also conscious of the opportunity the trials
would provide for recognising genocide as a crime under international law. Shortly after the book
was published, he was able to aid in the prosecution of the perpetrators of this crime in the
Nuremberg trials and in doing so, advance the understanding and credibility of the term, which
eventually led to its recognition and criminalisation. The purpose of this essay is to explore the role
Raphael Lemkin played in the Nuremberg trials, and furthermore, explore the extent to ... Show
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It can be said that it was essential to achieving an international understanding of genocide, which in
turn led to its recognition and criminalisation in international law. The recognition of genocide as an
international crime and the implementation of the Genocide Convention in 1948 seemed to emerge
from Lemkin's disappointment with the outcomes of the Nuremberg trials, particularly regarding the
limitations put on the prosecution of crimes against humanity. Many historians have suggested that
if the law of Nuremberg had formally recognised genocide, there would have been no gap in
international law to fill, and therefore, no General Assembly resolution or Genocide Convention. In
all, it can be said that Lemkin played an essential, but a somewhat minor role in the Nuremberg
trials. However, if not for the disappointment of the IMT judgements, Lemkin may have never
pushed for the adoption of the Genocide
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Unhealthy Accounting at HealthSouth Essay
1. What are several red flags that E&Y either was or should have been aware of in the audit of
HealthSouth?
Overall, there were three "red flags" E&Y was not aware of during the audit. First, they neglected
the 500% net income increase from 1999–2001. This should have raised awareness because
revenues only increased by 5% during that same period. Second, the internal auditors were denied
access to some of the corporate ledgers. E&Y should have seen this as being one of the largest red
flags. Third, the audit team failed to properly investigate employee complaints.
2. What procedures can auditors perform to detect fraudulent entries made during the consolidation
process?
Most of the time, fraudulent activity is found by ... Show more content on Helpwriting.net ...
4. What is the appropriate response by auditors to information from "disgruntled" employees?
Depending on the severity of the fraud, the appropriate response can be different from firm to firm.
A good way to detect fraud would be to listen to information provided by a disgruntled employee.
This holds true unless the employee was disgruntled before the fraud occurred. The information will
probably be false and misleading because the employee has held animosity for a while. Regardless,
you should take the information seriously when it is first presented to you.
5. HealthSouth has sued E&Y, and E&Y is the target of a federal securities class action suit. What
are E&Y's likely defenses against HealthSouth? Against the class action suit?
One of the main defenses E&Y took during the early stages of the HealthSouth suit was the fact that
the SEC had no well–defined rules with regards to audit–related practices. Another defense was the
mere fact that E&Y never faced a criminal indictment for the HealthSouth fraud. This was mainly
due to the statute of limitations placed on securities fraud. It sets it at the earlier of (a) 2 years after
the discovery of the facts constituting the violation or (2) 5 years after such violation. Thus, the DOJ
was unable to file criminal charges against the firm because the partner on the audit (G. Marcus
Neas) was "unaware" of the fraud in 1993.
6. HealthSouth
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A Case On The Defense Attorney
Severance works somewhat differently in federal criminal trials because this case involves the
indictment of more than one defendant Jones, Walsh and Bert. In Bert 's situation, his defense
attorney will provide an argument that a joint trail might be unfair against Bert or reaching a
decision on the rape charges against him. The Severance is not automatic because the Federal rule
14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful,
Bert's defense will to fill a motion for his severance which must show the concerns for Bert 's right
to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking
severance for Bert arises when Bert wishes not to testify on all, some or any of the charges in the
trail but chooses to claim his Fifth Amendment privilege on one or more charges. The separating by
court order, such as separate trials for Bert, Jones, and Walsh who are charged with the same crime,
or trying the negligence aspect of the rape charge or any other charge before the trail. Such division
of issues in the trail is sometimes called "bifurcation." ("Burton 's Legal Thesaurus," 4E. (2007).
Bert is a defendant who is facing a criminal charge of rape or even a lesser charge because he hit the
female either before, during or after the rape. This may or may not proceed to trial or a plea barging,
in fact, the charge may end up being dismissed, by the prosecutor, grand
... Get more on HelpWriting.net ...
Andersen's Culture Of Doing The Right Thing
1. For nearly 90 years, Andersen had a culture of doing the right thing. Moral courage defined the
organization. However, there was a gradual erosion of the culture. Name three cultural changes that
contributed to Andersen's problems and defend your position.
The first cultural change was that Andersen embarked on a path that valued consulting service
which charged hefty fees ahead of auditing in 1990s. Compared to its original major service,
auditing that required accountants to insist independence of judgment, consulting should cater to
clients' requirements and fix problems from client's perspectives. The situation that two roles mixed
in Andersen made top managers decide to sell more consulting service which earned higher profits.
... Show more content on Helpwriting.net ...
Assigned auditors were more than aware of the accounting misrepresentation of financial
statements, overstating net income. Still instead of walking away from the client and resign,
Andersen in pursuing short–term goals stayed with the company and moreover played by the Giant's
rules. More and more accounting firms at that time started to provide consulting services along with
auditing to the same companies which always indicates a conflict of interests. Auditors are the
guardians and rules players where consultants are giving advices and showing how to avoid some
accounting oversights. Andersen also in order to make good profits stepped on the side of combining
two contradicting to each other services. Waste Management had lots of former Arthur Andersen
employees which also led to close ties between two companies. That situation undoubtedly led to
inability to turn down fraudulent accounting practices Waste Management was exercising at that
time for a long period of time.
Arthur Andersen auditors continued signing off with unqualified opinions. Of course, in a long run
misstatement or misrepresentation of true financial situation of waste hauler would lead to a
company's inability to pay its debts and go bankrupt. In this case, and, unfortunately, many more
others, Arthur Andersen pursued short–term goals of making good profits since Waste Management
was one of
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Joseph Hurtado Vs California Summary
The Joseph Hurtado v. People of California case (110 U.S 516) began on January 22, 1884 and was
decided on March , 1884, was between the plaintiff, Joseph Hurtado, and the defendant, California.
Hurtado appealed against the conviction proclaiming that he was not indicted by a grand jury based
on due process in the Fourth Amendment. The question presented was, "To what principle, then, are
we to resort to ascertain whether this process, enacted by congress, is due process?" The
amendments that being trialed was the Fifth and Fourteenth Amendment.
Hurtado uncovered that his wife, Susie, and his friend, José Antonio Estuardo, were having an affair
with each other. Hurtado sent his wife to stay with her parents for awhile; this allowed Hurtado to
shoot and mortally kill Estuardo. California convicted Hurtado for murder based on an information,
which is formal criminal charge to start a case, issued to be viewed by a civil official. The magistrate
was able to find enough evidence to make Hurtado to go on trial and Hurtado was sentenced to
death. Under ... Show more content on Helpwriting.net ...
The majority was Samuel Miller, Stephen Field, Joseph Bradley, William Woods, Stanley Matthews,
Horace Gray, and Samuel Blatchford, who believed nothing was violated. John Harlan was the only
minority, who believe that due process allowed indictment by grand jury. Matthews, the voice for
majority, said that Hurtado's right were not violated because the two amendments were not suppose
to work together as stated in the Constitution. Matthews also quoted Edward Coke's argument,
which was if there is a capital case, it does not follow the rules of due process and does not demand
12 jurors to decide the case. The Court agreed that Harlan's dissent opinion was in the history of due
process allow the right to be indicted by a grand
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Essay about The Prosecution’s Indictment of Mr. George...
The Prosecution's Indictment of Mr. George Stevens
In the story The Garies and Their Friends by Frank Webb, one man is responsible for the race riot.
The prosecution charges Mr. George Stevens with Inciting a Riot and Seditious Conspiracy. We
intend to prove these charges beyond a reasonable doubt. We will do this by presenting
overwhelming evidence of his guilt. He manipulated people and circumstances to his full advantage
to implement his plan. His agenda was one of violence against innocent Black men and women.
These already oppressed citizens, became tragically disenfranchised as a result of his actions. He has
torn the fabric of their livelihood into pieces, leaving many homeless. His wanton destruction and ...
Show more content on Helpwriting.net ...
Mr. Stevens promotes this mindset to anyone who will listen. Mr. Stevens had hoped to turn public
opinion to his favor. Exactly as did Hitler and the Nazis of the past, "Hatred against Jews manifested
itself in such measures as the Nuremburg Laws which banned "race–mixing" and in the
Kristallnacht riots which targeted Jewish homes, businesses and places of worship"
(en.wikipedia.org). Mr. Stevens is spreading propaganda and following in the footsteps of Hitler. He
was the mastermind behind the racial riot in Philadelphia. Mr. Stevens' motive for these crimes is a
combination of greed, hate, and racism. He enlisted the help of his wealthy and influential friend Mr.
Morton. This influence of Mr. Morton's allows them complete control over the local police. His goal
is to terrorize his neighborhood and chase away the hard–working Blacks. He made sure the Black
residents would flee their homes in fear of their lives. Once they fled, he and his associate Mr.
Morton, could buy up their property, cheap. They planned to put in office only politicians who
would yield to their demands. While referring to the Black families of the neighborhood Mr. Stevens
stated, "...and if we can create a mob and turn it against them, they will be glad to leave that quarter,
and remove further up into the city for security and protection"(166). He explained that once these
properties were devalued, they could buy them and make a profit later. His plan also required them
to have
... Get more on HelpWriting.net ...
Case Study: Crime Occurs
Crime Occurs
On November 16, 2016 Johnny Manzell went to shop with his girlfriend Tonya at Citadel Mall.
While they were shopping Johnny saw a Rolex watch he wanted. He slowly put it in his pocket as
his girlfriend looked on shocked. They began to argue loudly and he pushed her. A security cop saw
this altercation and Johnny began to run. He got into his car and took off then the police chased him
it ended up in a crash.
Investigation, Arrest, and Booking
After Johnny was arrested the investigation started. Johnny has been known for stealing, and had
warrants out for his arrest. They wanted to search Johnny for another item that was stolen out of the
Citadel Mall. A search warrant (which gave police the right to search Johnny's house) to see ... Show
more content on Helpwriting.net ...
At Johnny arraignment (which is the action of arraigning someone in court) held in the open
courtroom, Johnny decided to plead guilty. Johnny also could have plead not guilty (which means
innocent of a formal charge), insanity (which means a mental ill), or no contest (which is another
term for nolo contendere). Trial
In a criminal trial, the state must prove that the defendant committed the crime the Supreme Court
has either 10 or 12 juries who job is sentence based on if the defendant is found guilty. In Johnny
trial (which is an examination of evidence before a judge, to decide guilt in a case of criminal or
civil proceedings) the judge instructs the jury and explain the law. Then witness is called and
evidence on Johnny's case will be presented. Jury found the evidence beyond a reasonable doubt.
Verdict
If the jury was to find Johnny not guilty, it is called an "acquittal" and the defendant will be released.
It is possible that the charges could be dropped, if its double jeopardy (which means the defendant
could not be charge with the same crime twice). If Johnny was found not guilty that doesn't mean he
is innocence it just means that the jury was not convinced that the defendant was guilty beyond a
doubt. If Johnny thought in any way that he was wrongfully arrest he could move the charges from
his record, after a hearing that determines
... Get more on HelpWriting.net ...
The High Profile Case Of Joe And Teresa Giudice
A digital government seem to be leading more and more cases for review of fraud. In the high
profile case of Joe and Teresa Giudice who filed for bankruptcy in 2009 and then dropped their
petitions, a statement released by the US Attorney's Office, District of New Jersey, about the New
Jersey couple from the Real Housewives of New Jersey were charged with, among other things,
trying to hide assets and income during the bankruptcy process. Teresa Giudice and husband,
Giuseppe "Joe" Giudice, both of Towaco, N.J., were indicted by a federal Grand Jury with the
charge of conspiracy to commit mail and wire fraud, making false statements on loan applications,
failure to file tax returns for a number of years, and bankruptcy fraud among other things. The
indictment indicated that the "Guidices lied to the bankruptcy court, to the IRS and to a number of
banks," U.S. Attorney Fishman said. He went on to state, "everyone has an obligation to tell the
truth when dealing with the courts, paying their taxes and applying for loans or mortgages. That's
reality." "The Federal Deposit Insurance Corporation Office of Inspector General is pleased to join
the United States Attorney for the District of New Jersey and our law enforcement colleagues in
announcing [the] indictment...," Special Agent in Charge A. Derek Evans said. Agent Evans went on
to say "We are committed to our partnerships with federal, state, and local law enforcement to
address mortgage fraud cases throughout the
... Get more on HelpWriting.net ...
Analysis Of Thomas Andrew Drake 's A Man Who Was A Former...
Introduction: Thomas Andrew Drake, a man who was a former senior executive of U.S. NSA
(National Security Agency), a decorated United States Air Force And Navy veteran and a
whistleblower. In 2010, Thomas Andrew Drake was alleged with mishandling of documents, rarest
of the Espionage act in the history of United States. Defenders of Drake claim that he was instead
being prosecuted for challenging the trailblazer project. In 2001, exactly on the day of 9/11 he was
appointed as the Signals Intelligence Directorate in Fort Meade, Maryland when he joined the NSA
as a full–time employee. He later progressed to higher levels in the organization to a level where he
held a top security clearance. During the investigation which was dwelled into the 9/11 by congress,
he was testified NSA failure. In 2011, he was awarded Ridenhour Prize for TruthTelling and was co–
recipient of Sam Adams Associates for Integrity in Intelligence (SAAII) award. As we progress into
this paper, we will discuss various stages of this crime such as what were his actions in NSA, NSA
inquiry and acknowledgement, Inevitable Whistleblowing, FBI raids, Indictment, Court
proceedings, Government arguments, final disposition, what happened since 2012. In this paper we
will also discuss the Espionage act and Whistleblowing, what is a part of the McCarran Internal
Security Act and what was the Nation Defense information, classified information which was
mishandled by Thomas Andrew Drake.
Espionage Act and
... Get more on HelpWriting.net ...

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War Criminals In Ww2 Essay

  • 1. War Criminals In Ww2 Essay War Criminals of World War II World War II produced an overwhelming amount of war criminals, mostly due to the mass murders of Jewish people during the Holocaust. The cruel and devastating nature of these crimes warranted justice, and there was some level of confusion on how to go about punishing the offenders. Unfortunately, because of the numerous amount of criminals, some of them would go without punishment. While the allies did their best to serve justice as widely and fairly as possible, many people would slip through the cracks of the legal system, and many people deserving of prosecution did not get fairly punished Each war criminal was charged with the Four Counts of the International Military Tribunal Indictment. Count One was the ... Show more content on Helpwriting.net ... Schirach's role in Germany during World War II was very important to the acceptance of the Final Solution by the German citizens. The purpose of the organizations that he lead throughout the years of the war were to integrate anti–semitic ideology into the minds of the new generations of German people. His goal was to train all of the German youth to be blindly loyal to Hitler and everything he believed in, as well as encourage them to always act on that loyalty thoughtlessly. They also trained children as young as ten years old for military service once they reached eighteen, putting them into training units and conditioning them to a life of violence. Despite the psychological warfare used by Schirach, he was sentenced to only twenty years in prison (Nuremberg Trial Defendants: Baldur von Schirach). This is as surprising as it is disappointing, that the Allies would allow a criminal who manipulated and brainwashed so many people, children included, to escape with such a light sentence in relativity to his crimes. He served his time in Spandau prison an eventually died in 1974 (Nuremberg Trial Defendants: Baldur von ... Get more on HelpWriting.net ...
  • 2.
  • 3. And London, By George Orwell: An Indictment Or A Narrative? An Indictment or a Narrative? In his article "On Paris and London Pavements," Herbert Gorman writes "the book [Down and Out in Paris and London] is an indictment of a world that permits such destitution...to exist." In other words, Gorman believes Down and Out in Paris and London by George Orwell is an account that serves to illustrate the conditions of poverty that existed in Paris and London and condemn the world for allowing such conditions to persist in society. Indeed, Down and Out in Paris and London vividly documents the precarious life of the poor in Paris and London, and attempts to explain the impact of poverty on the lives of the poor. However, Orwell, up to Chapter XXVII, does not attempt to blame an entity for such conditions, rather the author attempts to understand what function the poor serve in society and describe his understandings of his ... Show more content on Helpwriting.net ... "It does not matter whether his work is needed or not... work in itself is good" (Chapter XXII). Orwell believes he is kept in that position because educated people fear what a plongeur would accomplish should he be allowed to have leisure time (Chapter XXII). However, Orwell immediate follows his ideas with that statement that they are made "...without reference to immediate economic questions..." (Chapter XXII). What Orwell has accomplished in his book Down and Out in Paris and London is a narrative of the conditions of the life of the poor, without any explicit blame placed on a group or entity in society. Orwell offered his understandings he deducted while being without a job and while working as a plongeur. Thus, Herbert Gorman's claim of Down and Out in Paris and London being an indictment by Orwell is decidedly false under careful examination of the book up to Chapter XXVII. The book serves to offer a new perspective to those who have falsely judged the life of the ... Get more on HelpWriting.net ...
  • 4.
  • 5. Essay on The Sixth Amendment The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment. The Sixth Amendment was written by George Mason, who was a mentor of George Washington. It was written just a month before the Declaration of ... Show more content on Helpwriting.net ... However, Supreme Court has never set any particular time limit which must be applied. In addition, the prosecution cannot delay too much the trial for its own advantage, but the trial can be delayed to secure the presence of the witness. If it is found that a defendant's right to a speedy trial is violated, then the indictment is cancelled and conviction is subverted. The reversal of criminal case on the issue of speedy trial results in no further prosecution for the alleged offense. The reason for this right was the fact that with the passage of time the witnesses can be lost because of death, blurring of memory and other factors. However, there are also some other reasons: person in jail must be supported at considerable expense and, sometimes, even family members must be assisted as well. The guarantee of the speedy trial is one of the fundamental liberties embodied in the Bill of Rights. The right has some limitations: it is activated only when the criminal prosecution has begun and applies only to those people who have been accused during the prosecution. There are only two cases known so far in which the Court held that the speedy trial right has been violated: Smith v. Hooey (1969) and Dickey v. Florida (1970). In these cases the States preferred criminal charges against people who were already confined in prisons of other jurisdictions as a ... Get more on HelpWriting.net ...
  • 6.
  • 7. Lay Magistrates and District Judges Lay magistrates do not have to have any legal qualifications; with a few exceptions, anyone is eligible to serve as a magistrate and that includes blind people . However, the Lord Chancellor, who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster ), will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age (with retirement at 70); anyone who is not of good character and personal standing; an undischarged bankrupt; anyone who, because of a disability, cannot carry out all of the duties of a lay justice; a serving member of Her Majesty's Forces; a ... Show more content on Helpwriting.net ... Lay justices also decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage. Undoubtedly, the use of unpaid lay justices is cheap, not only because they are unpaid but also the cost of the trial itself is much less expensive than in the Crown Court. In 1999, the Home Office Research and Planning Unit estimated the average cost of a contested trial in the Magistrates' Court at £1,500 and a guilty plea at £500. The comparative figures for the Crown Court were £13,500 and £2,500 respectively. However, part of this difference is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer; but even so, it is clear that the cost both to the Government and to defendants who pay for their own lawyer is much higher in the Crown Court. Lord Bingham, the former Lord Chief Justice, said that "the justices are chosen for their qualities of fairness, judgement and common sense, alert to the needs and concerns of the communities they serve and enabling local issues to be determined locally by local people. And, in the eyes of the public, they have one great advantage: that they are free of the habits of thought, speech and bearing which characterise professional ... Get more on HelpWriting.net ...
  • 8.
  • 9. If This Office Pursues An Indictment Under 18 Theu.s. Essay If this office pursues an indictment under 18 U.S.C. §1621 "Perjury Generally", 18 U.S.C. §1623 "False Declarations before a Court or Grand Jury", or 18 U.S.C. §1503 "Influencing or Injuring Officer or Juror Generally", a jury will not likely convict based on the language of each law, each law's elements, and relevant precedent. 18 U.S.C. §1623 "False Declarations before a Court or Grand Jury" & §1621 "Perjury Generally" 18 U.S.C. §1623 "False Declarations before a Court or Grand Jury" requires a narrow set of standards that would make it difficult for a jury to likely convict an individual. 18 U.S.C. §1623 in relevant part states, "Whoever under oath...in any proceeding before...a court or grand jury of the United States knowingly makes any false material declaration...shall be fined under this title or imprisoned..." At its core, the law states that any individual who lies under oath will be punished if the individual understands that they are lying and said lies are capable of influencing the outcome of a particular case. Therefore, in order for a jury to be likely to convict someone under §1623, the government should prove, beyond a reasonable doubt, that the individual satisfied the aforementioned conditions. The elements of 18 U.S.C. §1621 "Perjury Generally" contains two relevant parts that must be satisfied in order for a jury to be likely to convict an individual. 18 U.S.C. §1621 in relevant part states, "Whoever having taken an oath before a competent tribunal, officer, ... Get more on HelpWriting.net ...
  • 10.
  • 11. The Prosecution Of Charles V. (CPS) Question 1 Charles has been charged with burglary and theft, which is an either–way offence, under s.9 (1) of the Theft Act 1968 . This means he can be tried either summarily in the magistrates' court or on indictment in the crown court. When deciding whether or not to charge and prosecute Charles, the Crown prosecution (CPS) lawyer must refer to the Code of Practice for crown prosecutors issued by the Director of Public prosecutions under s.10 of the Prosecution of Offences Act 1985 , in order to make decisions about prosecutions according to the facts of each case following the guidance set by the code. The CPS lawyer will make his decisions in accordance with the full code text in para.4 of the code set by the s.10 of the Act, to decide ... Show more content on Helpwriting.net ... This means he can be tried either summarily in the magistrates' court or on indictment in the crown court. The first court hearing will be the plea before venue in the Magistrates' court in Charles's present, according to s.17 of the Magistrates' court. The court will explain the process to Charles in language that he understands, Charles would be asked to indicate his plea of either guilty or not guilty, the court will also make known to him that if he intends to plead guilty he will be dealt with summarily according to s.9 of the MCA 1980 . However, if the magistrates' court feels the sentencing powers was insufficient, then Charles will be sent to Crown Court for sentencing under s.3 of the Criminal Courts (Sentencing) and then be sentenced as if tried on indictment. But if his intention was not to plead guilty, the magistrates will adjourn the case for an allocation ... Get more on HelpWriting.net ...
  • 12.
  • 13. Essay On Mmueller Indictments "Conservatives saw the savagery of 9/11 in the attacks and prepared for war; liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers". Iin the above, political cartoon, the audience is introduced to a wide range of interesting information. There is a lot happening in this cartoon. The two main stories occurring in this cartoon is the Mmueller indictment and the fake news uranium story; both issues have different meanings but the cartoonist has blended the two together in this cartoon brilliantly. The Mueller indictments, in the cartoon, are illustrated by the cartoonist, by displaying a man who is standing with a very strong featured face. The cartoonist displaysThat ... Show more content on Helpwriting.net ... There are 5 indictments on the two. Matfort had has his bail set a 10 million and Ggates at 5 million. Bboth are under house arrest. 75 million dollars was were laundered .Manford and Ggates have hidden their foreign ties from the government and made fouls statements. Manford was laundering money for his life live style. Manford and Ggates are accused of conspiracy against the United States.us Furthermore, on top of the 5 indictments Mmueller also has proof that there were 5 people that have laundered money and has released the names. To top off the cake, Mmueller has evidence that Mmanford and Ggates have been negotiating with the Rrussians and Mmanford. And Ggates are working for Trumptrup! The fake news uranium in the cartoon, there is a unicorn with Ttrump in the saddle. riding it the unicorn has the lettering," uranium story". and Ttrump has a flag in his hands that states says Hhillary concluded. There is a text above the unicorn that says "fake news". so from research we find out that the uranium story is all about a conspiracy that hHillary Cclinton sold 25 percent of the United States's us's uranium to Rrussian. For her her ... Get more on HelpWriting.net ...
  • 14.
  • 15. A Woman Arrived On The Scene Of Pick Up Crenshaw A woman arrived on the scene to pick up Crenshaw as the events were unfolding. She recalled the struggle appeared to be Wilson pulling Brown in the vehicle and Brown fighting to pull away from the vehicle. After hearing a gunshot, Brown broke free and began to run away. The officer followed Brown while shooting at him. She said she saw Brown's body jerk, as if he had been hit by a bullet, and turned around with his hands up. Wilson continued to walk toward Brown and fired several more shots until Brown fell, face–first on the pavement. A construction worker that was working nearby gave his account of the incident and requested that he remain anonymous. He saw the officer chasing Brown and was 10 to 15 feet behind him when he fired and struck Brown. Brown stopped at that point and said, "OK, OK, OK, OK, OK." He turned around with his hands up and started walking toward Wilson. Wilson was stepping backward, away from Brown, as he was firing at him. The construction worker stated that he could not tell if Brown was stumbling forward or aggressively approaching Wilson but denied Wilson's report that he was rushing toward him. James McKnight claimed to witness the shooting and reported seeing Brown raise his hands as he stopped and turned toward the officer. He said Brown stumbled in the officer's direction but did not rush him. Another resident in the area witnessed Brown walking toward Wilson at a steady pace. Phillip Walker denied that Brown rushed toward Wilson ... Get more on HelpWriting.net ...
  • 16.
  • 17. Essay On The Fifth Amendment Explain the details of what the Fifth Amendment provides citizens and its use of it in the 2012 Meningitis Outbreak? Fifth Amendment The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as "Bill of Rights". It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids "double jeopardy" and also protects against self–incrimination. In Civil cases, it requires the "due process of law" to be part of proceedings which denies a citizen "life, liberty or property". At the same time it requires government to ... Show more content on Helpwriting.net ... In 1884, Supreme Court in Hurtado v. California decided not to incorporate this system in all of the states. Later, most of the states except Connecticut and Pennsylvania started similar Grand Jury. A Grand Jury consists of 12 to 23 members and since it was derived from common–law, Grand Jury clause is interpreted from common–law itself. Grand Juries giving indictment in any kind of criminal cases formed with a jury of peers and its proceedings are operated in private and closed environment. These Juries are also provided specific instructions regarding any kind of law by the judge. The Grand Juries have other rights like many constitutional restriction and constraints which apply in a court, do not apply during grand jury proceedings. Exclusionary rule is an example which does not apply when specific evidences are presented to a grand jury. There are few other points covered in this amendment which are as follows:  During Grand Jury hearing, it is not in the right of an individual to have an attorney available in the hearing room. This kind of right is applicable when the person is being questioned by the police while in custody. If the person is testifying before a grand jury, he/she is allow to go outside the hearing room and consult his/her attorney before answering a question in the grand jury room.  These days, federal law allows the trial of minor wrongdoing without indictment. In trial of non– capital misdeed, if the defendants waive their Fifth ... Get more on HelpWriting.net ...
  • 18.
  • 19. Criminal Crimes And Criminal Justice Bail is the next step of the process and the suspect may try to get bail, " Bail is an amount of money or other security that is designed to insure a criminal defendant 's return to court if released from jail. Although bail may be reconsidered at any stage in the criminal process, this is usually the first opportunity to set it (Wright, 2012). A judge can also deny bail if the crime is very serious, or if they are considered a risk and if they have a criminal history. In some cases the prosecutor leaves it to grand juries to decide whether charges should be filed. Grand juries are similar to regular trial juries. They are made up of randomly selected individuals. "A grand jury consists of between 16 to 23 citizens who have the duty, after reviewing the evidence, to vote on a proposed criminal charge. Generally, the grand jury hears evidence only from the government. In order for a person to be indicted, at least 12 members of the grand jury must find that there is probable cause to believe that the person to be charged committed the crime or crimes to be charged. Grand juries meet in secret proceedings, and decided whether there is enough evidence to warrant a trial. "When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence –– usually the minimum necessary, in the prosecutor 's opinion –– to secure an indictment. The proceedings are secret; it is standard practice to call witnesses to testify against the ... Get more on HelpWriting.net ...
  • 20.
  • 21. Martin Luther King's Grand Jury Indictment Group... One of Dr. Martin Luther King Jr's most influential actions was leading the non–violent Montgomery Negro bus boycott. The boycott resulted after Rosa Parks, an African American woman refused to move to the back of the bus. The article, "Grand Jury Indictments Sement Group Solidarity to Fight for Their Rights" written in March 1956 explains that some of the men part of this boycott were indicted by the grand jury to investigate the boycott. The article states, "dedicating themselves to mass movement of passive resistance using only the weapon of love, Montgomery Negro bus boycott leaders promised this week that nothing will change in the 12–week–old protest even though nearly 100 of them face possible jail sentence for their part in the boycott ... Get more on HelpWriting.net ...
  • 22.
  • 23. Cja364 Supreme Court Case Paper Supreme Court Case CJA/354 Supreme Court Case The discovery of unethical billing alongside unethical accounting practices provoked a chain reaction towards a hospital accountant by the name of Rehberg. An accountant trying to serve justice was entangled in a web of lies. Rehberg vs. Paulk is a very interesting Supreme Court case. Rehberg vs. Paulk embodied much of the injustice that is not presented to the public when sworn officials break the very laws that are supposed to be protected. The Rehberg vs. Paulk case provides controversy among different jurisdictions within the judicial system and gives examples of the different elements of crime within the case. Although Rehberg was doing his job, he discovered ... Show more content on Helpwriting.net ... Paulk admitted that there was no evidence nor were there any witnesses that were interviewed (566 U.S.). The testimony in front of the second grand jury by investigator Paulk was a complete lie. Before the second the second indictment could be dismissed Paulk appeared in front of a third grand jury, which was also was dismissed (566 U.S.). Paulk believes that he is immune against civil suits for providing false testimonies because law enforcement agents cannot receive a civil suit against an agent. Paulk was sued by Rehberg for malicious prosecution that he endured. Paulk also was not immune for a swearing complaint and a written affidavit that fails to establish probable cause. Rehberg verse Paulk is an interesting case because Paulk is allowed falsify evidence and lie repeatedly to get an indictment on an innocent man without repercussions. Paulk could have ruined Rehberg's life while the previous judges would have known that Paulk was lying constantly (Schmalleger, Hall, & Dolatowski, 2010). This case is interesting because it shows the checks and balances within the judicial system and how the first or second court could be a liable accomplice because the courts knew that Paulk's evidence and testimony was false. Rehberg shows that the courts do a good job protecting the amendments, which law ... Get more on HelpWriting.net ...
  • 24.
  • 25. Comparing The Judiciary: Pretrial, Plea Bargaining, And Trial The Judiciary: Pretrial, Bail, Plea Bargaining, and Trial. Group C Explain what a grand jury is to your classmates. A grand jury is a group of approximately 23 individuals involved in trying federal criminal cases, who are presented with evidence by the prosecutor in which they use to determine if there is "probable cause" to indicate that a crime has been committed and if the accused should be taken to trial. (United State Courts, 2012) How does a grand jury work? A grand jury works like this.... First, a group of individuals are randomly selected via a jury pool such as voter registries or drivers licenses. Those selected individuals are asked to fill out a questionnaire and then based on that questionnaire they are also asked questions by the judge and attorneys. Based on their answers they are selected or not selected to be on the jury for that particular case. Once the jurors are selected (at least 16 jurors have to be ... Show more content on Helpwriting.net ... Grand Jury: This is where the crimes and criminals are investigated and official indictments are made. 4. Arraignment: This happens after an indictment has been made by the grand jury. During arraignment the defendant is informed of his/her charges, defense attorney says whether defendant is guilty or not guilty. 5. Plea Bargaining: This is where the criminal pleads guilty for a reduction of sentencing from the prosecution. 6. The Criminal Trial: If offenders choose not to plea bargain then this is where they end up. Here the prosecutor tries to prove that a crime was committed and that the defendant is the one who committed it, while the defense attorney tries to prove otherwise. Testimonies are heard, evidence is examine, and both prosecutor and defense attorneys conclude with closing arguments. Juror then deliberate, then defendant is either found guilty, not guilty, or it's a hung jury. A hung jury means that the jurors could not reach a verdict, which would lead to a mistrial. (Wright, 2012) Why do so few cases end up going to ... Get more on HelpWriting.net ...
  • 26.
  • 27. Essay on Ford Pinto Trial Ford Pinto Trial The objective of this paper is to investigate what led to the Ford pinto criminal trial and the impact that it had. What led up to the criminal indictment of Ford, the trial itself, the verdict of the trial will be discussed. The Impact that this trial has had on the Automobile industry will also be investigated. In the late 1960's there was strong competition from VW and several Japanese companies in the small car market. Due to this competition Ford hurried the design of their small car, the Pinto, to market. Since the car was rushed into market and the specifications for the car were that it weigh under 2000 pounds and cost less than $2000, safety was not a major concern in the design of the pinto.1 In ... Show more content on Helpwriting.net ... In the 1977 September/October issue of Mother Jones there was an article written by Mark Dowie named "Pinto Madness". This article told of Ford's decision to sell a car in which they knew hundreds of people would be burnt to death. To make sure that this information did not just stay in the pages of Mother Jones, Dowie called a press conference on August 10, 1977 in Washington D.C. in order to get national exposure.3 That day as a result of this announcement the National Highway Traffic Safety Administration (NHTSA) announced a preliminary evaluation of the Pinto's Dangers. One month later NHTSA announced that they had initiated a formal defect investigation to determine whether the problem constitutes a safety related defect within the meaning of the National Motor Vehicle Safety Act of 1966.2 Mid–February of the next year the Pinto's problems were in the media's headlines again. In a landmark case a jury awarded Richard Grimshaw, a Pinto burn victim, $125 million in punitive damages and another $2.8 million in compensatory damages, "The largest award ever made by a jury in a personal injury case".2 About the same time $666,280 was awarded to the family of Lily Grey, who had died in an accident. These amounts were much more than the $200,000 for a human life and the ... Get more on HelpWriting.net ...
  • 28.
  • 29. The Judicial System Of The Court System In today's society, the United States court system has a very strict order due to the fact that rules and regulations used to not be as exclusive as they are now. One of the various steps in the court system is that of the preliminary hearing and the grand jury. There are three main issues that are incorporated in the preliminary hearings which include, when it is required, the appropriate standard to determine if the prosecution has a case, and the procedural rights included at the hearing (Whitebread and Slobogin, 2008, p. 623). The court system is made up of various aspects of different regulations but one of the key components is that of the grand jury. The grand jury continuously changes, but as of now relies more on the prosecutor than it has in the past. The preliminary hearing is an important part of the judicial system but under the federal constitution and various state laws, it is not required by the constitution. The defendant also has the right to counsel under the sixth amendment. Under the preliminary hearing statue, the prosecutor may show probable cause to arrest and the evidence can also be admissible at trial. The preliminary hearing typically takes place after the initial appearance, the Gerstein determination, and the bail hearing. In the preliminary hearing, the judge can also decide if there is enough evidence to send the defendant to trail. In Lem Woon v. Oregon (1913), the court refused to apply the Fifth Amendment's obligation that only serious ... Get more on HelpWriting.net ...
  • 30.
  • 31. The Importance Of The Pretrial Process Of A Trial The importance of the pretrial process in a trial is paramount. For the defense, hearings held before the trial could assist them in suppressing evidence, getting charges dismissed, discovering more about the charges of the accused, discovering witness testimony and to lock it in, as well as other things. Motion hearings are extremely important to the defense to see if they should continue with going to trial or not. Only a small percentage of cases actually go through the trial process, also known as to the "box". Pre–trial procedures are needed to dispose of a majority of cases using dismissals, plea bargains, and other ways. A pretrial is like the defense team "doing their homework" before the trial begins. Pretrial ... Show more content on Helpwriting.net ... (Attorney Jeffrey J. Randa, n.d.) The Role of the Grand Jury According to ("How Does a Grand Jury Work", 2017), a grand jury is when 16 to 23 people random people are selected in their community to serve jury duty at the courts. However, this action is mandatory and is known to be the first procedure in a criminal trial. The role that the grand jury performs is to work with a prosecutor to make a decision by observing a crime that was committed, as well as trying to make a decision on whether or not that individual is guilty or innocent using the "facts" of the case. The proceeding of the grand jury is a lot calmer than a regular courtroom proceeding. Although the proceeding is to be strict and confident, this helps encourage the witnesses to speak freely without being fearful and thinking that someone will try to retaliate on them. It also protects a potential defendant's reputation; just in case the jury does not see it is the right thing to agree on to indict the individual. The reason for this is because there is no judge present or any lawyers unless the defendant requests his defense lawyer to be there. The prosecutor will be present. The prosecutor will also give a better understanding of the law to the jury, and introduce themselves as the person that will assist the jurors with collecting and understanding evidence, as well as hearing testimony. ... Get more on HelpWriting.net ...
  • 32.
  • 33. Examples Of Superior Court Cases 1. What type of cases you heard and how are District Court cases different from Superior Court cases? At Superior Court I went to courtroom 4C and 3C. I heard cases about felony such as breaking and entering a house, possession of drugs, fraud, larceny, probation violation, possession of stolen goods, and injury to property. At District Court I went to courtroom 1C and 1D. I heard cases about misdemeanor such as assault inflicting injury, simple assault, impaired driving, speeding, and revocation driver's license. In district court, criminal cases begin with a "complaint" filed by the police, or private individual in the clerk's office. District Court heard Misdemeanor offenses and conducts preliminary hearings to determine if there is enough ... Show more content on Helpwriting.net ... If the grand jury (group of citizens) decides there is probable cause to believe a crime has been committed, they issue an indictment whose individual is notified and must appear in superior court on the arraignment date, the first court date. 2. The difference in how Prosecuter, Defendants and Defense Attorneys conduct themselves? At District Court: – Prosecuter The prosecuter asks who has an attorney to the people that wait in the courtroom. If someone do not have a lawyer the State will provide one. He also calls the parties name in dispute to start the hearing, says the number docket to the judge and reads the indictment. He is seated in his desk all the time. – Defendants The defendants are dressing regular clothes. They still have freedom and can leave the courtroom finishing the hearing. All defendants are in the same courtroom waiting for their turn. They usually stand up in front at the judge and besides their lawyers when starting the hearing. Sometimes, the judge advices them or make questions to them. – Defense Attorney Defense attorney and client are stand up in front of judge. Usually the defense attorneys plea guilty to their client and makes an arrangement with the judge. The defense attorneys sometimes present a motion to the judge that can be denied or ... Get more on HelpWriting.net ...
  • 34.
  • 35. George Orwell's Indictment Of Totalitarianism "No one man should have all that power/The clocks ticking, I just count the hours/Stop tripping, I'm tripping off the power/Till then, fuck that, the world's ours." To someone who prefers Orwellian literature over contemporary rap, these lyrics could be interpreted as a brief crude summary of Animal Farm's final five chapters. In taking a second glance at this verse, Kanye West also gives us an insight into how George Orwell viewed Totalitarianism. Orwell's Animal Farm, in alluding to Communist Russia, characterizes Totalitarianism as a political system that stems from exclusivity, blurs the lines between ideologies, and serves to the detriment of all–despite being led by a powerful minority, who at the least, should be pleased with the fruit of their efforts. This is Orwell's indictment of Totalitarianism, and throughout this essay we will scale through its causes, as well as the adverse and ultimate effects of its existence. Orwell's primary indictment of Totalitarianism stems from an analysis as to why it surfaces in the first place–lack of opposition. ... Show more content on Helpwriting.net ... Promises are retracted, and the commandments that were once irrevocable are changed to meet the needs of Napoleon and his "henchmen." Napoleon begins to engage in trade with Pilkington, a former partner of Mr. Jones. The end product is a farm that is no different from the one that was rebelled against years prior, and a reality in which man and pig could not be differentiated: "The creatures outside looked from pig to man, and from man to pig...it was impossible to say which was which." (Orwell, 141) This statement demonstrates the incongruous nature of totalitarianism. Regardless of whatever ideals a totalitarian leader may endorse, the end product of a totalitarian state, whether it be a "capitalist" or "communist" one, does not vary much–if at ... Get more on HelpWriting.net ...
  • 36.
  • 37. Pros And Cons Of Grand Jury In America's justice system, a grand jury is a group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged (Gaines G–4). In the Central District of California, prospective jurors who report and are not excused or postponed, the Jury Clerk will use a computer program to randomly select 23 members and ten alternates for each grand jury. A grand jury designated "investigatory" meet for a 12–month term, while a grand jury designated "accusatory" meets for a 6–month term. A grand jury has 23 members and meets once a week, always on the same weekday. Grand juries do not meet on weekends or Mondays. The average workday is 5 hours. Absences for medical appointments, vacations, graduations, etc. may be accommodated, but 16 members must be present for the grand jury to conduct business. The grand jury serves the United States District Court, Central District of California. In contrast, a trial jury is asked to reach a verdict based on the evidence presented during a civil or criminal trial; a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone. That formal criminal charge is called an "indictment" (Central). San Bernardino County grand jury plays a distinctively different role in the judicial system. It is composed of 19 persons (or 23 in counties with over 4 million residents) selected from a group of 30 citizens ... Get more on HelpWriting.net ...
  • 38.
  • 39. Hardy 's Tess : An Indictment Of Victorian Sexuality And... Hardy's Tess: An Indictment of Victorian Sexuality and Gender Ideology Often, great works of literature are ahead of their time, are rejected by their contemporary audience, and are only recognized as great works when time comes astride with them. For example, contemporary critics of Charlotte Bronte's novel Jane Eyre thought that it was entirely too passionate and possibly anti– Christian. Elizabeth Rigby even affirms, "that the tone of mind and thought which has overthrown authority and violated every code human and divine abroad...is the same which has also written Jane Eyre" (93). Another such novel, Thomas Hardy's Tess of the D 'Urbervilles: A Pure Woman Faithfully Presented, though initially thought to be scandalous and overtly sexual, was eventually "recognized as one of the great English novels" (Guerard, Tess XII). In the novel, Hardy presents his ideas and challenges Victorian ideas of sexuality and gender through his representation of Tess Durbeyfield, the protagonist. Today's critics, with the advantage of hindsight, generally agree that Hardy was an apt novelist. Karen Swallow Prior asserts that Hardy's Tess challenged Victorian ideals, and that Hardy was "a man ahead of his time." Considering the conservative time in which Hardy lived, it was not difficult to be avant–garde. Hardy lived during the England's Victorian period, "a time of great psychological repression" (Sousa 2). The Victorians maintained extremely hidebound ideas about most matters, but they were ... Get more on HelpWriting.net ...
  • 40.
  • 41. Probable Cause Tillian Stokeling November 10, 2010 Criminal Procedures Mid– Term Probable cause does not rise to the level of proof beyond a reasonable doubt but must be beyond a mere hunch or guess. The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender. There are a variety of sources to establish probable cause and they are personally observed facts by an officer, information received from an informant. When information supplied by informant the courts and police need to know what facts was observed by them and why should their information be ... Show more content on Helpwriting.net ... The defense case in chief must mount a defense that either demolishes the prosecutor's case or, at a bare minimum, creates reasonable doubt in the minds of the jury. A defendant has no burden of proofs in any criminal case and can still prevail without introducing any evidence with the exception of affirmative defenses. Based on the Fifth Amendment the defendant may choose not to testify to avoid self– incrimination. The defense counsel also calls defense witnesses for direct examination. Defense testimony may also include expert witnesses who have special training and qualifications and are permitted to offer opinions. The prosecution is permitted to cross–examine each defense witness. Reasonable Suspicion is a crime has or about to occur. If an officer has some suspicion of criminality of a person they are allowed to do a limited stop and frisk of the individual just for the safety of the officer. The Terry, courts have adapted the stop and frisk rationale to situations involving automobiles and airport detentions. A reasonable level of force may be used to effectuate the stop if the individual proves resistance. The subject may be briefly questioned about the unusual conduct; if the explanation proves unreasonable, and the officer reasonably believes the person is armed and dangerous, he or she may conduct a limited search of the outer clothing. The facts that generate an officer's reasonable basis to suspect criminal activity may be derived from the ... Get more on HelpWriting.net ...
  • 42.
  • 43. Med County Harvard Case Summary The undersigned attended the Lien Conference held at the Fresno Workers' Compensation Appeals Board on May 11, 2017. The undersigned appeared on behalf of Mr. Rod McClelland. Mr. McClelland had an unavoidable calendar conflict on the day of the hearing. If you have any questions regarding this Lien Conference, please do not hesitate to contact either myself or Mr. McClelland. Appearances Present at the Lien Conference, in addition to the undersigned, was lien representative, Ms. Gina White, on behalf of Med Nation, Inc., United Health Services, and New Age Pharmacy. Lien representative, Mr. Bill Klomhous, was present on behalf of Encino Care Pharmacy and Comprehensive Interpreting. Lien representative, Ms. Blanca Rivera, was present on behalf ... Show more content on Helpwriting.net ... Therefore, we prepared the five–page Pre–Trial Conference Statement and our list of exhibits before approaching Judge Sims. Unfortunately, Judge Sims courtroom was very busty that day. However, eventually we were able to present the case to Judge Sims and set the matter for Trial. The Lien Trial has been set for September 21, 2017 at 8:30 a.m. before Judge Richard Ellis. As previously noted, the lien claimants have a high burden to meet in order to substantiate their services. All the lien claimants have put the applicant, Pedro Sanchez, as a witness. The applicant will need to be present in order to establish AOE/COE. Whether the lien claimants will be able to get the applicant to appear for the Lien Trial is uncertain. Plan of Action for Further Handling We will appear at the Lien Trial on September 21, 2017 in order to protect your interest. Without subpoenaing our medical file, the lien claimants will have a tough time meeting their burden of proof. This file will now be returned to Mr. McClelland for further defense handling. If you have any questions regarding this hearing report or any other issues, please do not hesitate to contact either myself or Mr. McClelland. It was a pleasure to handle this file on your behalf on a one–time ... Get more on HelpWriting.net ...
  • 44.
  • 45. How Did Aaron Swartz Commit Suicide? Aaron Swartz amassed public attention subsequent to his indictment for trespassing and hacking the Massachusetts Institute of Technology (MIT). Pre–indictment, Swartz collaborated on technological issues, including the establishment of Reddit. Activism previous to the MIT hacking led the Federal Bureau of Investigation (FBI) to Swartz's door, but accusations of criminal conduct were abandoned. Post–indictment and pre–trial, Swartz committed suicide. Speculation of prosecutorial overreach plagued conversations about the suicide. Opinions about Swartz fluctuate, but his death formed a stain on the U.S. Attorney's Office of Boston. Born on November 8, 1986, to Robert and Susan Swartz, Swartz was raised in the Chicago suburb of Highland Park, Illinois. At three, Swartz's father introduced him to computers, and according to Swartz's mother, he ... Show more content on Helpwriting.net ... Before the trial, "Swartz returned everything he had downloaded, and JSTOR, conscious of its public image, told prosectors that it did not want to see him go to prison." Ortiz and Heymann, who was previously involved with a "hacking case that ended with a suicide" (Hsieh), persisted with a "thirteen–count felony indictment" (Peters 5–8). This indictment posed "potential penalties of up to 35 years in prison and $1 million in fines." On January 11, 2013 Swartz committed suicide in Brooklyn, New York. Swartz was 26 (Schwartz). The funeral of Swartz was held on January 15, 2013. In Highland Park, "hundreds of mourners filed past Aaron Swartz's coffin in the parking lot of the Central Avenue Synagogue." Robert Swartz, eulogized Swartz with the following statement: "Aaron did not commit suicide. He was killed by the government, and MIT betrayed all of its basic principles." Swartz's father was not solitary in his belief of government overreach, his "claim became the dominant narrative: the government hounded Swartz to his grave, and MIT sat complacently and watched it happen" (Peters ... Get more on HelpWriting.net ...
  • 46.
  • 47. Opinions And Orders Of The United States Court Of Appeals OPINIONS AND ORDERS The opinion of the United States Court of Appeals for the Thirteenth Circuit. R. 22–30. The decision and order of the United States District Court, District of Wisteria denying Plaintiff's Motion for a New Trial. R. 13–21. CONSTITUTIONAL AND STATUTORY PROVISIONS This case involves questions relating to Section 10(b) of the Securities and Exchange Act of 1983. 15 U.S.C. § 78j(b) (2012). It also involves issues related to the willfulness requirement in the penalties provision of the Securities and Exchange Act. 15 U.S.C. § 78ff(a) (2012). Finally, the case involves questions related to the hearsay exception for former testimony under the Federal Rules of Evidence. Fed. R. Evid. 804(b)(1). STATEMENT OF THE CASE ... Show more content on Helpwriting.net ... R. 3. Abernethy told Bookwalter that it was a "nightmare, financially" and that he was only telling Bookwalter as a favor to him. R. 3. While Bookwalter did own iTech stock, he did work as a stock broker. R. 3–4. The Second and Third Tips After learning about iTech, Bookwalter approached Corinne Cuzick ("Cuzick"), a hedge fund manager and a close friend. R. 4. Bookwalter told Cuzik what Abernethy told him about iTech's financial shortfall. R. 4. Cuzik asked why Abernethy would tell Bookwalter, and Bookwalter stated that he believed Abernethy was "looking out for family." R. 4. After talking to Bookwalter, Cuzik executed a sell order on her sizable iTech stock. She then approached Dana DiNofrio ("DiNofrio"), a financial adviser and a friend. R. 4. Cuzik proceeded to tell DiNofrio that she had good information that iTech's profits were poor. R. 5. While, DiNofrio did not know Abernethy and Bookwalter personally, she did know who they were and knew about their relationship. R. 4–5. The Monday after the party, DiNofrio sold her iTech stock as soon as the markets opened. R. 5. When iTech announced its earnings, its stock value fell by 20% within thirty minutes. R. 5. Cuzik averted a 2.1 million dollar loss for her hedge fund, while DiNofrio averted a loss of 3 million dollars. R.5 SEC and DOJ's Investigations into the Tips Cuzik and DiNofrio's trades were immediately flagged by computers at the Security Exchange Commission ... Get more on HelpWriting.net ...
  • 48.
  • 49. Ken Paxton Case Hayley Knox Texas Attorney General receives an Indictment The Texas Attorney General Ken Paxton was charged with 2 first–degree felonies for security fraud and a third–degree felony for failing to register with the state to sell securities. His bond was set at a total of $35,000 and he was later released pending the trail on his personal recognizance bonds. (Hs, Adam G.) "Attorney General Ken Paxton will not plead guilty to these accusations and he will demand a trail by jury" said Joe Kendall, Paxton's lead defense attorney. (Sources) Mr. Paxton is looking forward to telling his side of the story in the courtroom of "Tarrant County Judge George Gallagher".(Kxan) " Judge Gallagher gave instructions to make no further public comments or publicly ... Show more content on Helpwriting.net ... (Hs, Adam G.) The state of Texas does not require Paxton to resign while he is fighting the charges. The indictments are related to a company called "Servergy, a McKinney–based company that also is under investigation by the federal Securities and Exchange Commission." (Sources) The two named victims are Republican State Rep. Byron Cook of Corsicana and a businessman named Joel Hochberg. (Sources) The indictment states that in June of 2011, Paxton was engaged in fraud by the offer for sale of common stock for Servergy. He is accused of not disclosing that he was not personally invested in Servergy and that he received compensation for soliciting investors in the form of 100,000 shares of Servergy stock. He is accused of encouraging people to invest more than $600,000 in Servergy without disclosing he made a commission. (Source) In Paxton's most recent filing with the state Ethics Commission it does show he owns at least 10,000 shares. Paxton's "failure to register" charge is connected to Frits Mowery, a McKinney investment advisor, who is a friend of Paxton and received referrals from Paxton. Paxton didn't advise that he was getting large commissions on the referrals to the clients. The victims in the failure to register case were James and Freddy Henry. Paxton was paid 30% of management fees according to ... Get more on HelpWriting.net ...
  • 50.
  • 51. Plato's Arguments Against Meletus In The Apology By Socrates The Apology is Plato's account of Socrates's defense in the Athenian court against the charges brought forth by Meletus. The second charge Socrates argues against is he is, "guilty of... not acknowledging the gods the city acknowledges, but new daimonic activities instead (24b)." Socrates's argument revolves primarily around the Meletus's claim that he believes in no gods, and he proves through the original indictment that, Meletus says he both does and does not believe in gods. Socrates begins his defense against this claim by asking Meletus if this charge is how he corrupts the young. He then asks Meletus to clarify what he means by the charge, and asks Meletus if he thinks Socrates believes in no gods at all. Meletus answers yes, and proceeds to hold steadfast in his claim that Socrates believes in no gods. He then claims that Socrates teaches others that the sun is a rock and the moon is made of earth, two ideas brought forth by Anaxagoras, long before Socrates. Socrates responds by saying that he would be ridiculed if he tried to teach these ideas, because the ideas are old and easy to learn, and because of how strange the ideas are. (26b–e) ... Show more content on Helpwriting.net ... He begins by using an argument by analogy, to prove that whoever believes in daimonic activity, believes in daimons. He restates the indictment which claims that Socrates teaches about daimonic activity and therefore he believes in daimons. Meletus agrees that daimons are either gods or children of gods. If daimons are gods, then Socrates must believe in gods; and if daimons are the children of gods, it follows that Socrates must still believe in ... Get more on HelpWriting.net ...
  • 52.
  • 53. State V Etzweiler Case Brief Summary State v. Etzweiler (New Hampshire 1984) Parties: Petitioner = State of New Hampshire Respondent = Mark Etzweiler, Ralph Bailey Legal Claim: State of New Hampshire (Superior court) questioned whether certain laws applied to the specific facts of Etzweiler's case. Ralph Bailey was indicted for manslaughter and Mark Etzweiler was indicted for negligent homicide after the fatal accident involving bailey had occurred. Facts: On July 30, 1982 Mark Etzweiler and Ralph Bailey arrived at the plant where they both worked, in Etzweiler's car. Ralph Bailey had been drinking a few alcoholic beverages and was allegedly intoxicated. Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he ... Show more content on Helpwriting.net ... Holding: No, Etzweiler cannot be an accomplice to negligent homicide committed by Bailey Reasoning: The court held that the deaths occurred as a result of Ralph Bailey's reckless conduct when operating the vehicle. They also held that there could be no accomplice to the negligent homicides and dismissed Etzweieler's Indictments. Because Bailey was not aware that his actions were going to result in homicide he did not have to intent to do so Therefore, Etzwieler could not be held liable even though it may appear that he was an accomplice to Bailey's intoxication Concurring: Justice Souter – accomplice is unclear, they must knowingly be aware that a crime would occur, metal state of the individual would also determine if there was intent that the homicide would occur Dissenting: Justice King, Etzweiler should be held accountable because he knowingly gave Bailey the keys to his car even though he was drunk An individual must be present during the time of a homicide in order held as an accomplice An accomplice (Etzweiler) can only be held liable for a crime that he intended to facilitate negligent homicide, in which this case he did not have ... Get more on HelpWriting.net ...
  • 54.
  • 55. Martha Stewart Insider Trading Case ETH 501 Module 1 Case Assignment The Martha Stewart insider trading case was a high profile case filled with uncertainty. In order to say whether or not Stewart handled her indictment responsibly, it is necessary to start with an assumption regarding her guilt or innocence. For the purposes of this paper, based on the information I have read about the case, and based on the fact that she was found guilty of all counts (although not all specifications) in her stock conspiracy trial (with the exception of the security fraud charge which was thrown out), I will assume that she is guilty. (courttv.com) Based on that assumption, there are several reasons that Martha Stewart did not handle her indictment responsibly which can be ... Show more content on Helpwriting.net ... The prosecution attempted to prove that the ink used to make that annotation was not the same at the ink used on other parts of the paper. The prosecution's witness in this portion of the case was a Secret Service agent who was later charged with perjury for repeatedly lying on the stand (courttv.com). Also, in later questioning the witness admitted that it was impossible to determine how many different blue pens were used on the worksheet. At any rate, the prearranged price as set by Stewart might have seemed a little too convenient to some. The question here continues to deal with duty and the greater good. If Stewart and Bacanovic did not have this prior arrangement set up, then it was Bacanovic's duty to Merrill Lynch and to the investors to uphold the responsibilities of his position. Again, this situation deals with the greater good of the investors as a whole, not just Martha Stewart as an individual, and therein lies the purpose behind the rules in place. Aside from lying about her decisions, Stewart also attempted to hamper the investigation by providing false information. Stewart attempted to alter the contents of the phone message from Bacanovic's 27 December 2001 phone call. This is a fact that was verified by Stewart's assistant. Altering evidence is generally reserved for the purpose of making a situation look better than it is. The fact that Stewart attempted to change ... Get more on HelpWriting.net ...
  • 56.
  • 57. No Repository Of Human Knowledge Aaron Swartz was a computer computer prodigy and activist for political and societal change. From adolescent Swartz amassed attention within the technological community from designing websites to his intellectualism. As an adult, Swartz railed against established society through activism. Ultimately, the activism led to his arrest and death at 26. Opinions surround Swartz fluctuate, but his work continues to survive after his death. Born on November 8, 1986, to Robert and Susan Swartz, Aaron was raised in the Chicago suburb of Highland Park, Illinois. At three, Swartz's father introduced him to computers, and according to Swartz's mother, he "took off like crazy on them." As an adolescent, Swartz programmed The Info Network, a website tasked with the purpose of documenting the "...vast repository of human knowledge." At Swartz's junior high school, ArsDigita, a website designing firm, hosted a competition and The Info Network received first prize. To accept the award, Swartz flew to Cambridge, Massachusetts (The Internet's Own Boy). In Cambridge, Swartz met Lawrence Lessig, a professor at Harvard Law School. Swartz and Lessig began a collaborative relationship working on copyright issues. At one point, Swartz flew to Washington D.C. to watch a Supreme Court argument on the issue of copyright. Back in Highland Park, Swartz began disillusioned with the high school educational system (The Internet's Own Boy). In 2011, at Harvard University, Swartz explained his anti–school ... Get more on HelpWriting.net ...
  • 58.
  • 59. Socrates The Apology Analysis Socrates died after his attempt to persuade the Athenians by telling the truth during a time when truthfulness was of little concern. I found unit 3 to be extremely interesting because I never knew about the trial or death of Socrates. Socrates is known as the father of Greek Philosophy and was put on trial by citizens of Athens in 399 399 B.C.E. for allegedly corrupting the youth and Impiety. Unit 3 allowed me to examine the trial and learn about the attitudes of people in Athens during this era. The title of the dialogue I learned about was, The Apology. The Apology was dialogue written by Plato, one of Socrates student's and admirers, in an attempt to defend Socrates' reputation after his death. It is a description of the speech that Socrates gave when he was on trial for the alleged crimes. Learning about the trial of Socrates was interesting to me because it caused me to examine the way criminal indictments has changed over the years. Nowadays, criminal indictments occur after someone has been taken to jail and charged ... Show more content on Helpwriting.net ... Meletus simply told Socrates to appear in court before the King Archon for the charges of impiety, on a certain date. During this appearance, a date was set for the preliminary hearing where the public could attend (Criminal). This is dissimilar to the way criminal indictments are obtained today. In order for a person to be criminally indicted these days, a prosecutor, not peers or citizens, must first present the criminal case before a grand jury and there are no judges present. During this procedure, the prosecutor can call upon witnesses and provide a probable cause for the indictment to move to a court of law. Then the grand jury decides whether or not to allow the case to go to court (What is). Socrates and Meletus was heard by the magistrate at his preliminary hearing, afterwards, the magistrate drew up formal charges and set a court date for the trial to be publicly held ... Get more on HelpWriting.net ...
  • 60.
  • 61. What Role Did Lemkin Play In The Nuremberg Trials In November 1944, Polish–Jewish lawyer Raphael Lemkin published his influential book the Axis Rule in Occupied Europe. It was in this book where Lemkin exposed the multiple flaws that existed in international law and requested the recognition of a new crime, which he named 'genocide'. It is suggested that Lemkin wrote the Axis Rule to use as evidence for anticipated war crime trials that would be carried out once WWII ended, and that he was also conscious of the opportunity the trials would provide for recognising genocide as a crime under international law. Shortly after the book was published, he was able to aid in the prosecution of the perpetrators of this crime in the Nuremberg trials and in doing so, advance the understanding and credibility of the term, which eventually led to its recognition and criminalisation. The purpose of this essay is to explore the role Raphael Lemkin played in the Nuremberg trials, and furthermore, explore the extent to ... Show more content on Helpwriting.net ... It can be said that it was essential to achieving an international understanding of genocide, which in turn led to its recognition and criminalisation in international law. The recognition of genocide as an international crime and the implementation of the Genocide Convention in 1948 seemed to emerge from Lemkin's disappointment with the outcomes of the Nuremberg trials, particularly regarding the limitations put on the prosecution of crimes against humanity. Many historians have suggested that if the law of Nuremberg had formally recognised genocide, there would have been no gap in international law to fill, and therefore, no General Assembly resolution or Genocide Convention. In all, it can be said that Lemkin played an essential, but a somewhat minor role in the Nuremberg trials. However, if not for the disappointment of the IMT judgements, Lemkin may have never pushed for the adoption of the Genocide ... Get more on HelpWriting.net ...
  • 62.
  • 63. Unhealthy Accounting at HealthSouth Essay 1. What are several red flags that E&Y either was or should have been aware of in the audit of HealthSouth? Overall, there were three "red flags" E&Y was not aware of during the audit. First, they neglected the 500% net income increase from 1999–2001. This should have raised awareness because revenues only increased by 5% during that same period. Second, the internal auditors were denied access to some of the corporate ledgers. E&Y should have seen this as being one of the largest red flags. Third, the audit team failed to properly investigate employee complaints. 2. What procedures can auditors perform to detect fraudulent entries made during the consolidation process? Most of the time, fraudulent activity is found by ... Show more content on Helpwriting.net ... 4. What is the appropriate response by auditors to information from "disgruntled" employees? Depending on the severity of the fraud, the appropriate response can be different from firm to firm. A good way to detect fraud would be to listen to information provided by a disgruntled employee. This holds true unless the employee was disgruntled before the fraud occurred. The information will probably be false and misleading because the employee has held animosity for a while. Regardless, you should take the information seriously when it is first presented to you. 5. HealthSouth has sued E&Y, and E&Y is the target of a federal securities class action suit. What are E&Y's likely defenses against HealthSouth? Against the class action suit? One of the main defenses E&Y took during the early stages of the HealthSouth suit was the fact that the SEC had no well–defined rules with regards to audit–related practices. Another defense was the mere fact that E&Y never faced a criminal indictment for the HealthSouth fraud. This was mainly due to the statute of limitations placed on securities fraud. It sets it at the earlier of (a) 2 years after the discovery of the facts constituting the violation or (2) 5 years after such violation. Thus, the DOJ was unable to file criminal charges against the firm because the partner on the audit (G. Marcus Neas) was "unaware" of the fraud in 1993. 6. HealthSouth ... Get more on HelpWriting.net ...
  • 64.
  • 65. A Case On The Defense Attorney Severance works somewhat differently in federal criminal trials because this case involves the indictment of more than one defendant Jones, Walsh and Bert. In Bert 's situation, his defense attorney will provide an argument that a joint trail might be unfair against Bert or reaching a decision on the rape charges against him. The Severance is not automatic because the Federal rule 14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful, Bert's defense will to fill a motion for his severance which must show the concerns for Bert 's right to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking severance for Bert arises when Bert wishes not to testify on all, some or any of the charges in the trail but chooses to claim his Fifth Amendment privilege on one or more charges. The separating by court order, such as separate trials for Bert, Jones, and Walsh who are charged with the same crime, or trying the negligence aspect of the rape charge or any other charge before the trail. Such division of issues in the trail is sometimes called "bifurcation." ("Burton 's Legal Thesaurus," 4E. (2007). Bert is a defendant who is facing a criminal charge of rape or even a lesser charge because he hit the female either before, during or after the rape. This may or may not proceed to trial or a plea barging, in fact, the charge may end up being dismissed, by the prosecutor, grand ... Get more on HelpWriting.net ...
  • 66.
  • 67. Andersen's Culture Of Doing The Right Thing 1. For nearly 90 years, Andersen had a culture of doing the right thing. Moral courage defined the organization. However, there was a gradual erosion of the culture. Name three cultural changes that contributed to Andersen's problems and defend your position. The first cultural change was that Andersen embarked on a path that valued consulting service which charged hefty fees ahead of auditing in 1990s. Compared to its original major service, auditing that required accountants to insist independence of judgment, consulting should cater to clients' requirements and fix problems from client's perspectives. The situation that two roles mixed in Andersen made top managers decide to sell more consulting service which earned higher profits. ... Show more content on Helpwriting.net ... Assigned auditors were more than aware of the accounting misrepresentation of financial statements, overstating net income. Still instead of walking away from the client and resign, Andersen in pursuing short–term goals stayed with the company and moreover played by the Giant's rules. More and more accounting firms at that time started to provide consulting services along with auditing to the same companies which always indicates a conflict of interests. Auditors are the guardians and rules players where consultants are giving advices and showing how to avoid some accounting oversights. Andersen also in order to make good profits stepped on the side of combining two contradicting to each other services. Waste Management had lots of former Arthur Andersen employees which also led to close ties between two companies. That situation undoubtedly led to inability to turn down fraudulent accounting practices Waste Management was exercising at that time for a long period of time. Arthur Andersen auditors continued signing off with unqualified opinions. Of course, in a long run misstatement or misrepresentation of true financial situation of waste hauler would lead to a company's inability to pay its debts and go bankrupt. In this case, and, unfortunately, many more others, Arthur Andersen pursued short–term goals of making good profits since Waste Management was one of ... Get more on HelpWriting.net ...
  • 68.
  • 69. Joseph Hurtado Vs California Summary The Joseph Hurtado v. People of California case (110 U.S 516) began on January 22, 1884 and was decided on March , 1884, was between the plaintiff, Joseph Hurtado, and the defendant, California. Hurtado appealed against the conviction proclaiming that he was not indicted by a grand jury based on due process in the Fourth Amendment. The question presented was, "To what principle, then, are we to resort to ascertain whether this process, enacted by congress, is due process?" The amendments that being trialed was the Fifth and Fourteenth Amendment. Hurtado uncovered that his wife, Susie, and his friend, José Antonio Estuardo, were having an affair with each other. Hurtado sent his wife to stay with her parents for awhile; this allowed Hurtado to shoot and mortally kill Estuardo. California convicted Hurtado for murder based on an information, which is formal criminal charge to start a case, issued to be viewed by a civil official. The magistrate was able to find enough evidence to make Hurtado to go on trial and Hurtado was sentenced to death. Under ... Show more content on Helpwriting.net ... The majority was Samuel Miller, Stephen Field, Joseph Bradley, William Woods, Stanley Matthews, Horace Gray, and Samuel Blatchford, who believed nothing was violated. John Harlan was the only minority, who believe that due process allowed indictment by grand jury. Matthews, the voice for majority, said that Hurtado's right were not violated because the two amendments were not suppose to work together as stated in the Constitution. Matthews also quoted Edward Coke's argument, which was if there is a capital case, it does not follow the rules of due process and does not demand 12 jurors to decide the case. The Court agreed that Harlan's dissent opinion was in the history of due process allow the right to be indicted by a grand ... Get more on HelpWriting.net ...
  • 70.
  • 71. Essay about The Prosecution’s Indictment of Mr. George... The Prosecution's Indictment of Mr. George Stevens In the story The Garies and Their Friends by Frank Webb, one man is responsible for the race riot. The prosecution charges Mr. George Stevens with Inciting a Riot and Seditious Conspiracy. We intend to prove these charges beyond a reasonable doubt. We will do this by presenting overwhelming evidence of his guilt. He manipulated people and circumstances to his full advantage to implement his plan. His agenda was one of violence against innocent Black men and women. These already oppressed citizens, became tragically disenfranchised as a result of his actions. He has torn the fabric of their livelihood into pieces, leaving many homeless. His wanton destruction and ... Show more content on Helpwriting.net ... Mr. Stevens promotes this mindset to anyone who will listen. Mr. Stevens had hoped to turn public opinion to his favor. Exactly as did Hitler and the Nazis of the past, "Hatred against Jews manifested itself in such measures as the Nuremburg Laws which banned "race–mixing" and in the Kristallnacht riots which targeted Jewish homes, businesses and places of worship" (en.wikipedia.org). Mr. Stevens is spreading propaganda and following in the footsteps of Hitler. He was the mastermind behind the racial riot in Philadelphia. Mr. Stevens' motive for these crimes is a combination of greed, hate, and racism. He enlisted the help of his wealthy and influential friend Mr. Morton. This influence of Mr. Morton's allows them complete control over the local police. His goal is to terrorize his neighborhood and chase away the hard–working Blacks. He made sure the Black residents would flee their homes in fear of their lives. Once they fled, he and his associate Mr. Morton, could buy up their property, cheap. They planned to put in office only politicians who would yield to their demands. While referring to the Black families of the neighborhood Mr. Stevens stated, "...and if we can create a mob and turn it against them, they will be glad to leave that quarter, and remove further up into the city for security and protection"(166). He explained that once these properties were devalued, they could buy them and make a profit later. His plan also required them to have ... Get more on HelpWriting.net ...
  • 72.
  • 73. Case Study: Crime Occurs Crime Occurs On November 16, 2016 Johnny Manzell went to shop with his girlfriend Tonya at Citadel Mall. While they were shopping Johnny saw a Rolex watch he wanted. He slowly put it in his pocket as his girlfriend looked on shocked. They began to argue loudly and he pushed her. A security cop saw this altercation and Johnny began to run. He got into his car and took off then the police chased him it ended up in a crash. Investigation, Arrest, and Booking After Johnny was arrested the investigation started. Johnny has been known for stealing, and had warrants out for his arrest. They wanted to search Johnny for another item that was stolen out of the Citadel Mall. A search warrant (which gave police the right to search Johnny's house) to see ... Show more content on Helpwriting.net ... At Johnny arraignment (which is the action of arraigning someone in court) held in the open courtroom, Johnny decided to plead guilty. Johnny also could have plead not guilty (which means innocent of a formal charge), insanity (which means a mental ill), or no contest (which is another term for nolo contendere). Trial In a criminal trial, the state must prove that the defendant committed the crime the Supreme Court has either 10 or 12 juries who job is sentence based on if the defendant is found guilty. In Johnny trial (which is an examination of evidence before a judge, to decide guilt in a case of criminal or civil proceedings) the judge instructs the jury and explain the law. Then witness is called and evidence on Johnny's case will be presented. Jury found the evidence beyond a reasonable doubt. Verdict If the jury was to find Johnny not guilty, it is called an "acquittal" and the defendant will be released. It is possible that the charges could be dropped, if its double jeopardy (which means the defendant could not be charge with the same crime twice). If Johnny was found not guilty that doesn't mean he is innocence it just means that the jury was not convinced that the defendant was guilty beyond a doubt. If Johnny thought in any way that he was wrongfully arrest he could move the charges from his record, after a hearing that determines ... Get more on HelpWriting.net ...
  • 74.
  • 75. The High Profile Case Of Joe And Teresa Giudice A digital government seem to be leading more and more cases for review of fraud. In the high profile case of Joe and Teresa Giudice who filed for bankruptcy in 2009 and then dropped their petitions, a statement released by the US Attorney's Office, District of New Jersey, about the New Jersey couple from the Real Housewives of New Jersey were charged with, among other things, trying to hide assets and income during the bankruptcy process. Teresa Giudice and husband, Giuseppe "Joe" Giudice, both of Towaco, N.J., were indicted by a federal Grand Jury with the charge of conspiracy to commit mail and wire fraud, making false statements on loan applications, failure to file tax returns for a number of years, and bankruptcy fraud among other things. The indictment indicated that the "Guidices lied to the bankruptcy court, to the IRS and to a number of banks," U.S. Attorney Fishman said. He went on to state, "everyone has an obligation to tell the truth when dealing with the courts, paying their taxes and applying for loans or mortgages. That's reality." "The Federal Deposit Insurance Corporation Office of Inspector General is pleased to join the United States Attorney for the District of New Jersey and our law enforcement colleagues in announcing [the] indictment...," Special Agent in Charge A. Derek Evans said. Agent Evans went on to say "We are committed to our partnerships with federal, state, and local law enforcement to address mortgage fraud cases throughout the ... Get more on HelpWriting.net ...
  • 76.
  • 77. Analysis Of Thomas Andrew Drake 's A Man Who Was A Former... Introduction: Thomas Andrew Drake, a man who was a former senior executive of U.S. NSA (National Security Agency), a decorated United States Air Force And Navy veteran and a whistleblower. In 2010, Thomas Andrew Drake was alleged with mishandling of documents, rarest of the Espionage act in the history of United States. Defenders of Drake claim that he was instead being prosecuted for challenging the trailblazer project. In 2001, exactly on the day of 9/11 he was appointed as the Signals Intelligence Directorate in Fort Meade, Maryland when he joined the NSA as a full–time employee. He later progressed to higher levels in the organization to a level where he held a top security clearance. During the investigation which was dwelled into the 9/11 by congress, he was testified NSA failure. In 2011, he was awarded Ridenhour Prize for TruthTelling and was co– recipient of Sam Adams Associates for Integrity in Intelligence (SAAII) award. As we progress into this paper, we will discuss various stages of this crime such as what were his actions in NSA, NSA inquiry and acknowledgement, Inevitable Whistleblowing, FBI raids, Indictment, Court proceedings, Government arguments, final disposition, what happened since 2012. In this paper we will also discuss the Espionage act and Whistleblowing, what is a part of the McCarran Internal Security Act and what was the Nation Defense information, classified information which was mishandled by Thomas Andrew Drake. Espionage Act and ... Get more on HelpWriting.net ...