EPANDING THE CONTENT OF AN OUTLINE using notes.pptx
Military Tribunals and Habeas Corpus Rights
1. Habeas Corpus and the Use of Military Tribunals Essay
Habeas Corpus and the Use of Military Tribunals
In America Under the Threat of Terrorism
Introduction
It was on this date one hundred forty two years ago (April 25, 1861), that President Abraham Lincoln sent a letter to Lt. General Winfield Scott
authorizing the suspension of "The Privilege of the Writ of Habeas Corpus" . Lincoln had been president for less than two months and was facing,
what was up to that time and arguably may still be the greatest threat to the survival of the United States since the Founding Fathers launched this
"Great Experiment". Only eleven days earlier Major Robert Anderson, the commander of the federal garrison at Fort Sumter, South Carolina, had to
surrender the fort to the Confederate Army. Lincoln was... Show more content on Helpwriting.net ...
With the recent "war" on terrorism our government has moved to curtail and, in some cases, to deny United States citizens their constitutional rights to
due process. The delicate balance between the fundamental right to the due process of law and national security is the focus of this research paper and is
structured as follows:
Introduction to Habeas Corpus
A Brief History of Habeas Corpus
A Brief History of Military Tribunals
The Case of Jose Padilla
Conclusions
Introduction to Habeas Corpus
Habeas corpus [Law Latin "that you have the body"] A writ employed to bring a person before a court to ensure the party's imprisonment or detention
is not illegal." Meant to ensure that a prisoner is accorded due process of law, it does not determine guilt or innocence.
Responding to abusive detention of persons without legal authority, public pressure on caused the English Parliament to adopt the Habeas Corpus Act,
1679. This fundamental right against illegal imprisonment was highly regarded by the British colonists in America as a safeguard of that it was which
established a critical right that written into the main body of the U.S. Constitution and "may be suspended only in time of rebellion or invasion."
Habeas corpus rights are supposed to serve as the federal guarantee that local officials respect the Constitution. In other words, if a
4. The New Jim Crow By Michelle Alexander Essay
In the book The New Jim Crow author Michelle Alexander argues that a racial caste system still exists in the United States. Furthermore, this caste
system is set up by the social control that is created by the discriminatory practices of the War on Drugs. The War on Drugs and mass incarcerations
create a racial "undercaste" of African–Americans, by marginalizing ex–offenders in America. Within her arguments she describes the racist practices
of, and policies surrounding, the War on Drugs. These extend from thepolice force on the ground, who are apprehending the criminals or, in many
cases, innocent people, all the way to the practices of prosecuting and sentencing of these people. There are many instances where the injustices extend
all the way to the Supreme Court. However, that may not be surprising given the fact that the War on Drugs is a federal government institution. This
racism, while inherent, is not always apparent. In this paper I will assess the broken practices that the War on Drugs implements, including mass
incarceration, and how racism is the basis for these practices. However, while it does show that racism does exist in these practices, Alexander doesn't
necessarily show that racism is the reason behind the War on Drugs and mass incarceration, but rather a by–product.
Racism is the main theme that you see throughout the whole book. Alexander begins her narrative with a history of racism in this country. Beginning
with the inception of slavery in the
... Get more on HelpWriting.net ...
5. Separation Of Church And State Essay
Separation of Church and State
By the middle of the 20th Century, the United States had emerged as a world power. It accomplished this through its leadership in defeating Germany
and
Japan in World War II. These two countries' main objective was to enslave the world and destroy political, religious, and economic freedom. In
Germany or
Japan, anyone who disagreed with these goals, or was different was destroyed.
This was a common practice in these two fascist countries. Unfortunately, at the same time of its emergence as a world power, theUnited States began
to slip into a form of judicial fascism. This slide began when the U.S. Supreme Court began to abandon the religious principles on which this nation
was founded.
The ... Show more content on Helpwriting.net ...
(Barton,
America's p.3)
The Supreme Court says that these men's intent was to keep religion and politics separate. John Quincy Adams, in a speech on July 4,1837 asked the
crowd, "Why is it, that next to the birthday of the Savior of the World, your most joyous and venerated festival returns on this day?" He goes on to
explain the important ties between the birthday of the nation and the birthday of Jesus Christ. He says that the Declaration of Independence was first
organized on the foundation of Jesus' mission on Earth, and that the Declaration "laid the cornerstone of human government upon the first precepts of
Christianity. Adams stressed that the major impact of the Revolution was that Christian principles and civil government were connected in an
"indissoluble" bond. (Barton, America's p.17)
Why is the Supreme Court blind to such evidence as this? John Quincy Adams was an extremely well educated man, so he is a very reliable source.
Other Founding Fathers were very outspoken about Christian beliefs.
John Jay, the first Chief Justice of the Supreme Court, and one of the men most responsible for the Constitution declared, "Providence(heaven) has
given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of our Christian nation to select and prefer
Christian rulers."
(Barton, America's p.8) Doesn't this tell our Supreme Court anything? Shouldn't
7. Akram Dejam Case Study
Mr. Akram Dejam is a foreign resident alien. He arrived in the United States in 1996 from Yugoslavia. His immigration and naturalization file indicates
that he was born in 1970 in Sarajevo. In connection with his immigration, Mr. Dejam stated that during the years 1988В¬ to 1993 he was a student.
Recently, the U.S. Office of Special Investigations (OSI) received information that Mr. Dejam was perhaps not just a student during these years. In
fact, he may have been a war criminal, formerly engaged in atrocities during the on–going civil war in his home country. Based on this information, the
OSI is now investigating Mr. Dejam. In connection with this investigation, OSI has issued an administrative subpoena demanding that Dejam produce
documents... Show more content on Helpwriting.net ...
Gecas, 830 F. Supp. 1403 Gecas stated in his application for an Immigrant Visa that, during the years 1938 through 1944, he was a "pupil" in Lithuania.
Gecas swore that this information was true. The petitioner now claims to have evidence that, during this period, Gecas, in fact, assisted the Nazi forces
then occupying Lithuania, and that he participated in the persecution of persons because of their race, religion, and/or political opinion. Had this
information been known to petitioner at the time of Gecas's immigration, he would have been disqualified from entering the United States. In
furtherance of its investigation into Gecas's wartime activities, the petitioner, through its Office of Special Investigations ("OSI"), issued an
administrative subpoena commanding Gecas to give testimony and to produce documents relating both to his immigration to the United States, and to
his activities in Europe between 1940 and 1945. Gecas does not challenge the validity of the administrative subpoena. Nor does he argue that OSI is
without the power to issue such subpoenas. Finally, it is undisputed that, although he faces the possibility of deportation, Gecas faces no threat of
criminal prosecution in the United States. His only complaint is that his answers to the investigator's questions, along with the production of the
requested documents, would expose him to possible criminal prosecution in a foreign country. Gecas argues that the Fifth Amendment to the
... Get more on HelpWriting.net ...
9. 3.5Define kidnapping and false imprisonment.
3.6Differentiate between robbery, burglary, and theft.
3.7Describe computer and high–technology crimes.
ReadingRead the Week Three Read Me First.
ReadingRead Ch. 14 of Contemporary Criminal Law.
ReadingRead Ch. 7 of Criminal Law Today
ReadingRead Ch. 8 of Criminal Law Today
ReadingRead Ch. 9 of Criminal Law Today
ReadingRead this week's Electronic Reserve Readings.
ParticipationParticipate in class discussion.In class, May 20, 20134
Discussion QuestionsRespond to weekly discussion questions.
Individual
Personal Crimes AnalysisFor
... Get more on HelpWriting.net ...
11. Loan Portfolio Management
Loan Portfolio Management
Introduction
Background:
L ending is the principal business activity for most commercial banks. The loan portfolio is typically the largest asset and the predominate source of
revenue. As such, it is one of the greatest sources of risk to a bank's safety and soundness. Whether due to lax credit standards, poor portfolio risk
management, or weakness in the economy, loan portfolio problems have historically been the major cause of bank losses and failures.
Effective management of the loan portfolio and the credit function is fundamental to a bank's safety and soundness. Loan portfolio management (LPM)
is the process by which risks that are inherent in the credit process are managed and controlled. ... Show more content on Helpwriting.net ...
An unregulated banking financial institution might be fraud with unmanageable risks for the purpose of maximizing its potential return. In such a
situation, the banking financial institutions might find itself in a serious financial distress instead of improving its financial health. Consequently, not
only the depositors but also the shareholders will be deprived of getting back their money from the bank. The deterioration of loan quality also affects
the intermediative efficiency of the financial institutions and thus the economic growth process of the country. This the reason for which the banking
financial institutions are being regulated in all countries. The banking financial institutions are also the most regulated among all types of financial
institutions in all countries, because of their substantial role in payment mechanism (in addition to protect the loan portfolio from decaying).
Portfolio management is crucial for commercial banks, be it in developed or developing countries. Mere accumulation of deposits gives rise to
entries both in liabilities and assets sides of the balance sheets. So, portfolio management involves in both liability and assets of commercial banks.
If deposits of a bank grow at a steady rate and if loan demands can be met from deposit growth, the bank will have no problem of liquidity. In real life,
deposits do not grow steadily all the time, nor does loan demand grow in keeping with growth in deposits.
... Get more on HelpWriting.net ...
13. Domestic Violence And Its Effects On Society
Domestic violence can be described as authority misused by one person in a relationship to control the other. It is the establishment of fear and control
in one's relationship through violence and other forms of abuse. Domestic violence can be in a form of physical assault, sexual assault, social abuse,
psychological abuse, and financial abuse. The occurrence of the violence can be sometimes on and off, occasional or long–lasting. Many may confuse
the term domestic violence as a simple argument, but that is not true. Domestic violence is a pattern of using threats and force to make someone do
something. Many abusers use threats, physical and sexual violence, emotional insults and economic deprivation as a way to dominate their ... Show
more content on Helpwriting.net ...
Wife beating was similar to rape or abortion back then, it was viewed as a private and shameful act, that's why only a few women discussed their issue.
Men hit women with immunity until feminist activists' renamed wife beating as domestic violence, and described its victims as "battered women."
Many women searched for help all around, they needed protection. Activists created a system of shelters for women who tried to escape, often with
their children, because the violence threatened by their spouse.
Congressional passage of violence against women act was ultimately spurred on by decades of growing unease over the rising violent crime rate and a
focus on women as crime victims. Beginning in the 1960s, the violent crime rate rose steadily, igniting concern from both the public and the federal
government. Supplementing the concern for the nation's rising violent crime rate was the concern for violence against women. In the 1970s, grassroots
organizations began to stress the need for attitudinal change regarding violence against women. These organizations sought a change in attitude among
both the public as well as the law enforcement community.
During the 1970's, feminists tried to reach out and teach women that violence was wrong and that they had the right to be free from it. "We will not be
beaten" became the slogan of the
... Get more on HelpWriting.net ...
15. A right to privacy A right to be assumed innocent A right... Show more content on Helpwriting.net ...
We fight for their innocence and their dreams. It is a fight for our future.
–Former U.S. Attorney General Alberto R. Gonzales
Our society's fearful of our kids. I think we don't know how to set limits on them. They begin to behave in severely outrageous ways, and nobody stops
them.
–David York, cofounder of Toughlove International1
INTRODUCTION
A few years ago, 13–year–old Tavaris Knight was convicted by a criminal court jury in Tampa, Florida, of kidnapping and raping a 43–year–old
woman. Prosecutors proved that Knight, who was 12 at the time of the offense, had used a silver toy gun to force the woman away from her four
young children at a playground and into the surrounding woods. Knight raped the woman twice and beat her with the gun, which he left behind.2
Knight's case had been transferred to adult criminal court because of the serious nature of his crimes. In closing arguments, prosecutor Michael
Sinacore pointed to Knight, saying, "That young man is not a child. He stopped being a child when he forced [his victim] into the woods and raped
her."3 Following conviction, Knight was sentenced to 15 years in prison by Florida Circuit Judge Jack Espinosa, Jr. Knight will likely be held at a
youth facility for sexual offenders until he is 21, at which time he could be transferred to another youth offender facility until the age of 25, followed
by adult prison.4 Crimes committed by preteens are not that unusual. In 2005, for example, a nine–yearold girl,
... Get more on HelpWriting.net ...
16. Dorothy L. Sayers’ Gaudy Night Essay
Dorothy L. Sayers' Gaudy Night
When Gayle Wald wrote, "Sayers's career writing detective stories effectively ends with Gaudy Night" (108), she did not present a new argument, but
continued the tradition that Gaudy Night does not center on the detective story. Barbara Harrison even labeled Dorothy Sayers's Lord Peter/Harriet
Vane books, Strong Poison, Gaudy Night, and Busman's Honeymoon, as "deliriously happy–ending romances" (66). The label stretches the definition
of a romance, but Gaudy Night indeed has very little to do with crime. Sayers encrypted the real story within her detective novel. This story behind the
story narrates love and human relationships. In fact, the crimes in Gaudy Night only supply a convenient way for ... Show more content on
Helpwriting.net ...
We usually think of crypts as graves or coded messages, similar to the letter in Have His Carcasse. The notion of a crypt, however, contains a deeper
psychological meaning. Crypts deal with the ideas of introjection and incorporation. These concepts identify the alternative ways in which the psyche
handles trauma. When the psyche introjects a trauma, the trauma melds into the subconscious. If the psyche successfully assimilates the trauma, it
unites with the rest of the psyche, much like a cube of ice (the trauma) melting in a glass of water (the psyche). Incorporation occurs when trauma
embeds itself into the psyche, but remains separate and, therefore, separable. If we return to the idea of the psyche as a glass of water, incorporation
resembles what happens when a Ping–Pong ball (the trauma) drops into a glass of water. The ball remains a lump in the psyche. Jacques Derrida
wrote about the crypt "sealing the loss of the object, but also marking the refusal to mourn . . . I pretend to keep the dead alive, intact, safe (save)
inside me, but it is only to refuse, in a necessarily equivocal way, to love the dead as a living part of me, dead save in me, through the process of
introjection, as happens in so–called normal mourning" ("Foreword" 17). The tomb stands then as an incorporation of the trauma of death. We
physically mark the place of rest as a mirror of our inability to assimilate that trauma
... Get more on HelpWriting.net ...
17. Mental Health Issues In Criminal Justice Essay
In the realm of prosecuting violent crime, a dichotomy of belief exists surrounding mental health. We can choose to believe that not all violent
criminals suffer from a mental health disorder. The alternative is to believe that the perpetrators of these violent crimes by nature are mentally ill; this
assumption, however, undermines an entire criminal justice system which places treating mental health as a far lesser subordinate to removing
criminals from society. It's clear that the criminal justice system in the United States doesn't favor the latter. While the threshold for diagnosis of some
mental illness is relatively low, legally "the bar for exemptions of incompetence or mental retardation require an extreme level of debilitation"
(Wallace). This legal standard cultivates an expectation that criminals are no more complex than the... Show more content on Helpwriting.net ...
In discussing culpability, Laurence Steinberg's journal "Adolescent Development and Juvenile Justice" notes that "a person who causes criminal harm
is a fully responsible moral agent (and deserves full punishment) if, in choosing to engage in the wrongful conduct, he has the capacity to make a
rational decision and a "fair opportunity" to choose not to engage in the harmful conduct" (472). The problem is that in any seriously violent case,
mental disorders obstruct 'fair opportunity.' Elaine Whitfield Sharp, a defense attorney in Massachusetts, discusses this further in a 2010 article from
The Atlantic. "Most criminals I deal with are very narcissistic," she explains, "they're blame–shifters, manipulative, and can't feel anyone else's pain but
their own" –a hallmark lack of empathy which spans across all cases of violent crime. Each of the traits Whitfield Sharp goes on to describe fall easily
within the spectrum of mental illness–or, as she bluntly states, "'it's a
... Get more on HelpWriting.net ...
18. Juveniles in the Adult Justice System
Topic: "Juveniles do not belong in the Adult Justice System. Authorities who waive Juveniles into the Adult Justice System are making a devastating
impact on their futures"
Abstract
This paper is about the most controversial subject in the penal system today, i.e. should juveniles be treated as adults and be tried in the adult justice
system and the negative impact on their lives. This becomes relevant after the judgment in Roper Vs Simmons (1995) which states that there is a doubt
as to when the adolescent becomes an adult. The paper further analyses whether juveniles are different from adults and the conclusion arrived at is that
the adult world is different from the world of minors and hence there must be total differentiation between the justice systems for juveniles and adults.
A) Introduction
This paper is an attempt to understand and point out the flaws in the legal system that has of late in many cases begun to treat juveniles in the same
footing as adult offenders. There is a raging controversy over this move that makes young offenders to be tried and incarcerated just as if the crime was
done by an adult. The arguments over this have been made in the Supreme Court and the land mark judgement Roper Vs Simmons (1995). However it
is submitted that simple observations of the post procedure effects on young persons have not been verified or recorded properly. If this system
continues, would it not be against the logic of creating the juvenile justice system
... Get more on HelpWriting.net ...
19. R. V. Keegstra : in Support of the Dissent Essay
R. V. Keegstra : In Support of the Dissent
Submitted in partial fulfillment of requirement for PHL613, Philosophy of Law
Sean Peters
500 204 129
April 11, 2012
Table of Contents
Introduction1
Overview of R. V. Keegstra2
Why does Freedom of Speech in Democracy Matter?2 Factors of the Offense Principle3 Why not Moralism?4
Philosophical Analysis4 Criticism6 Recommendations7
Conclusion8
Appendices9 Appendix 1 – Research and Methodology9
Works Cited11
Introduction
What does freedom of expression really mean? Why is it important to our democratic society? In the landmark case of R. v. Keegstra (1990), the
issues of freedom of expression ... Show more content on Helpwriting.net ...
20. Joel Feinberg, defines the Offense Principle as " it is always a good reason in support of a proposed criminal prohibition that it is probably
necessary to prevent serious offense [as opposed to injury or harm] to persons other than the actor, and would probably be an effect means to that
end if enacted." (Feinberg, 1984). I believe that this principle serves as the best way to analyze R. V. Keegstra. There are many factors that fall
under the Offense Principle, such as extent, duration, social value of speech, the ease with which it can be avoided, the motives of the speaker, the
number of people offended, and the general interests of the community at large, however, I will only touch a few. Based off of these factors, Keegstra
and Zundel should be prosecuted, but not those from "Go Yankee, go". Zundel and "Go Yankee, go" are to be discussed in a later section of this essay.
Extent – Keegstra communicated Anti–Semitic statements to many years worth of students, would test on beliefs and would generally give better
marks to those who answered based off Keegstra's beliefs.
Duration – Keegstra carried out his anti–Semitic communication to his students for years. Whereas, "Yankee, go home" was a flying marketing
campaign.
Number of people offended – while the number of people offended might be higher with "Yankee, go home", the fact that Keegstra's message was
communicated to students, should
... Get more on HelpWriting.net ...
21. Role of False Confessions
Introduction Would you ever admit to committing a crime that you didn't actually commit? Of course not, says common sense. Naturally, it is difficult
to understand why anyone would confess to a crime they didn't commit. However, false confessions are one the leading causes of wrongful
convictions.1 As the Supreme Court of Canada noted in R v. Oickle, innocent people are induced to make false confessions more frequently than those
unacquainted with the phenomenon might expect.2 In North America, we can trace the existence of false confessions back to the Salem Witch Trials,
where a number of women were persecuted for witchcraft on the basis of confessions that were obtained through torture and threats.3 More recent false
confessions have... Show more content on Helpwriting.net ...
7 Amelia Hritz, Michal Blau & Sara Tomezsko, "False Confessions" online: Cornell University Law School <http://courses2.cit.cornell.edu
/sociallaw/student_projects/FalseConfessions.html>. 8 Supra note 2 at 37. 9 Ibid. 10 Richard A. Leo, Wrongly Convicted Perspectives on Failed
Justice: False Confessions, Causes, Consequences, and Solutions by Saundra D. Westervelt & John A. Humphrey (New Jersey, USA: Rutgers
University Press, 2005) at 42–44 [Leo, "Wrongly Convicted Perspectives]. 11 Supra note 2 at 38. 12 Ibid at 38. 13 Ibid at 39. 14 Ibid at 40. 15 Leo,
"Wrongly Convicted Perspectives" supra note 10 at 43–44. 16 Ibid. 17 Ibid. Why do False Confessions lead to Wrongful Convictions? False
confessions have undeniably had a significant impact on wrongful convictions. For example, of the Innocence Project's first 225 exonerations through
DNA evidence, 23% of wrongful convictions were based
... Get more on HelpWriting.net ...
22. Social Networking Sites-Boon/Bane
Social networking:
For years, social networking sites didn't exist, but yet people kept in touch. These days, with social networking sites becoming a part and parcel of
our daily lives, there are advantages and disadvantages that come along with them. For example, you can make a friend from Timbuktu and on the flip
side your account can get hacked and you can find yourself in a big mess.
A recent research revealed that teenagers tend to hide the real stuff by using code language you may never understand. Teens are basically using them
to stop parents and employers from judging them on the basis of their social activities such as partying, drinking and drugs.
Instead of writing they are drunk, teens post 'Getting MWI' or mad with it', ... Show more content on Helpwriting.net ...
Another user promptly replied with a prescription: "Ignorance is bliss." The conversation was then interrupted by a user who accused the two of
being undeserving "beggars" who had cornered seats in schools, colleges and government offices. Soon, the thread was ablaze with hundreds of
responses in a free–for–all mudslinging competition and a crash course in the choicest Hindi expletives.
Social networking sites Orkut and Facebook have become a fertile ground for scores of groups based on ethnicity and caste. Key in the word 'caste'
into either site, or indeed others, and up pops a cascading list of virtual caste colonies, some of which aim to unite members and some which spew
venom. Orkut has thousands of these communities – for instance, 'Brahmins Culture and Tradition' , 'I Hate Intercaste Marriage' and 'The Great
Maratha' – which have hundreds of members.
Interestingly, participants of these groups are increasing rather than dying down. A study by Sunil Gangavane and Urvi Shah, researchers at PUKAR
(Partners for Urban Knowledge, Action and Research) found that 32 random Orkut communities based on caste showed an increase of nearly 30,000
members in just three months. Gangavane and Shah, who joined these communities to keep tabs on them, primarily wanted to document the
involvement of
... Get more on HelpWriting.net ...
23. National Security Outline Essay
TABLE OF CONTENTS FOR NSL READING
CHAPTER 1: National Security Law and the Role of Tipson1
CHAPTER 2: Theoretical approaches to national security & world order4
CHAPTER 3: Development of the International Law of Conflict Management5
CHAPTER 4: The Use of Force in International Relations: Norms Concerning the Initiation of Coercion (JNM)7
CHAPTER 5: Institutional Modes of Conflict Management17
The United Nations System17
Proposals for Strengthening Management Institutional Modes of Conduct 23
CHAPTER 6: The Laws of Warand Neutrality24
CHAPTER 7: War Crimes and Nuremberg Principle28
CHAPTER 12: Nuclear Weapons: Deployment, Targeting and Deterrence33
CHAPTER 13: Arms Control in the Nuclear Age36
Chapter 14: ... Show more content on Helpwriting.net ...
–Military Sufficiency
–Issue is how much military capability is enough – is it enough to have the same capabilities as potential threats or should we pursue superior
capabilities –US leaders have varied greatly on how much is enough –Domestic strength
–Important goal is to seek political cohesion, economic vitality, and good educational policies at home because it will help country to prevail during
war (increases domestic support and morale)
–Economic vitality and educational strength also provide resources to implement national security, help develop weapons to compete with enemies,
and allow country to mobilize quickly in time of crisis –World Order–Some argue that balance of power is best way to achieve world order
–Others argue that we need to organize and civilize international politics to achieve world order – 4 variations on how to do this:
–1–Judicial approach – resolve differences between countries through third–party judges and arbitrators
–2–Contractual approach –use collective agreements to limit use of force (consider Kellogg–Briand Pact) –3–Legislative approach – League of
Nations, UN
–4–Diplomatic approach – use diplomacy between national leaders to achieve stability –Global Welfare–Protecting human rights and promoting
democracy are the important methods here –Doing these will improve domestic strength and world order as
25. Plea Bargaining : An Essential Part Of Our Criminal...
Abstract Plea bargaining has been around since the early 1800's and is a process where the attorney for the defendant negotiates a plea with the
prosecuting attorney. This process which was simple in the beginning has changed dramatically over the years. Prosecutors have made it seem they
have evidence for serious crimes and get people to plead guilty to a lesser offense. Many people will accept a plea bargain out of fear of what will
happen at trial. Everyday people who otherwise would have been acquitted due to lack of evidence or they are really innocent will plead guilty to a
lesser charge. It wasn't until 1970 with the United States Supreme Court case of Brady v. United States that the constitutionality of plea bargaining was
established. Plea bargaining should be regulated so as not to harm the legal system any more than it has. Plea bargaining takes away a person's right to
be tried by a jury of their peers.
Plea bargaining has become an essential part of our criminal justice system. A vast majority of criminal cases in the United States are resolved by plea
bargaining. Despite the rights that an accused has under the US Constitution, many will still accept a plea bargain. You are presumed innocent until
guilt is proven beyond a reasonable doubt, the right to a trial by jury and to have an impartial judge. Even though you have these rights under the
Constitution very few defendants are choosing to use them, instead relying on a plea bargain deal to be
... Get more on HelpWriting.net ...
26. Marvin Anderson Case
Justice System Unit Essay Marvin Anderson is a man who was falsely accused of abduction, rape, robbery, and sodomy. This is his story. On July
17, 1982, a young woman was raped by a black man whom she said was a total stranger. After she reported the crime, a police officer singled out
Anderson as a suspect because the perpetrator had told the victim that he "had a white girl," and Anderson was the only black man the officer knew
who lived with a white woman. Because Anderson had no criminal record, the officer went to Anderson's employer and obtained a color employment
photo identification card. The victim was shown the color identification card, along with six black–and–white mug shots, and identified Anderson as
her assailant. Within an... Show more content on Helpwriting.net ...
because it seems that our system isn't providing we the people, with the justice that is deserved. Such as the case of State of Texas V. Tim Cole, which
is a serious cause for concern of the state of our criminal justice system. Tim Cole, who was a college student at the time, was falsely accused of rape.
He pledged many times that these accusations were wrong and he didn't do it that they have the wrong guy but these pleas were instantly dismissed
due to the eyewitness testimony declaring he was the man at fault, but the most disturbing detail is that this was all caused by government
misconduct and the victim was indeed manipulated. The odds were stacked against Tim Cole before he even walked into the identification line.
They had gathered Cole and a few other citizens who looked not even remotely close to the true criminal whoraoed and assaulted the victim. The
cops withheld the information that the killer might not have even been in her college dormitory room at Texas Tech University. The shaken up and
traumatized victim couldn't recall the true criminal's face and was forced to pick the closest resembling one in her mind which was the only black
face that was in the room. Those cops had not checked if she was confident nor did they care, their mindset was as long as someone is going to jail
our job is "done". Not Timothy Cole though, that man refused to take any deals that would lower his sentence due to
... Get more on HelpWriting.net ...
27. Same Sex Marriage
WHY GAY MARRIAGE IS WRONG Advocates of homosexual practice often argue that "gay marriage," or at least homosexual civil unions, will
reduce promiscuity and promote fidelity among homosexual persons. Such an argument overlooks two key points. "Gay Marriage" as a Contradiction
in Terms First, legal and ecclesiastical embrace of homosexual unions is more likely to undermine the institution of marriage and produce other
negative effects than it is to make fidelity and longevity the norm for homosexual unions. We will come back to this later. Second, and even more
importantly, homosexual unions are not wrong primarily because of their disproportionately high incidence of promiscuity (especially among males) and
... Show more content on Helpwriting.net ...
Rather, they must come to terms with their essential masculinity. Scripture, Creation, and a Two
–Sexes Prerequisite The New Testament recognizes the
importance of the Genesis creation stories for establishing a "two–sexes" or "other–sex" prerequisite for marriage. St. Paul clearly understood same–sex
intercourse as an affront to the Creator's stamp on gender in Genesis 1–2. In his letter to the Romans, Paul cites two prime examples of humans
suppressing the truth about God evident in creation/nature: idolatry and same–sex intercourse (1:18–27). Paul talks first about humans exchanging the
Creator for worship of idols made "in the likeness of the image of a perishable human and of birds and animals and reptiles" (1:23); then about
"females [who] exchanged the natural use" and "males leaving behind the natural use of the female" to have intercourse with other "males" (1:26–27).
This obviously echoes Genesis 1:26–27: "Let us make a human according to our image and . . . likeness; and let them rule over the . . . birds . . .
cattle . . . and . . . reptiles. And God created the human in his image, . . . male and female he created them." Taken together, we have not only eight
points of correspondence between Gen 1:26–27 and Rom 1:23, 26–27 but also a threefold sequential agreement: A. God's likeness and image in
humans B. Dominion over the animal kingdom C. Male–female differentiation It would be fair to say that if there is no intertextual
... Get more on HelpWriting.net ...
28. The Criminal Trial Process: From Jury Selection to Sentencing
The Criminal Trial: Trail Process: From Jury Selection to Sentencing Introduction The criminal trial process is an interesting process that takes place
in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in
the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a
means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is
civil in nature or criminal.Г‚ In either case, a jury acts as a fact–finding body for the court in assessing information and evidence that is presented by
the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs
the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012) I. Jury Selection The first phase of a
criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of
potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial
District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and
... Get more on HelpWriting.net ...
29. Supreme Court Cases Essay
Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that
limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under
Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power
to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress. Marbury vs. Madison: A landmark case in
United States Law and the basis for the exercise of judicial review in the United States,... Show more content on Helpwriting.net ...
Plessey boarded a car of the East Louisiana Railroad that was designated by whites for use by white patrons only. Although Plessey was one–eighth
black and seven–eighths white, under Louisiana state law he was classified as an African–American, and thus required to sit in the "colored" car. When
Plessey refused to leave the white car and move to the colored car, he was arrested and jailed. The Court rejected Plessey's arguments based on the
Thirteenth Amendment, seeing no way in which the Louisiana statute violated it. In addition, the majority of the Court rejected the view that the
Louisiana law implied any inferiority of blacks, in violation of the Fourteenth Amendment. Instead, it contended that the law separated the two races as
a matter of public policy. Smith v. Allwright: An important decision of the United States Supreme Court with regard to voting rights and, by extension,
racial desegregation. Lonnie E. Smith, a black voter in Texas, sued for the right to vote in a primary election being conducted by the Democratic Party.
The law he challenged allowed the party to enforce a rule requiring all voters in its primary to be white. At this point in history, the Republican Party
was so weak in the South that most Southern elections were decided by the outcome of the Democratic primary. Southern States claimed that the
Democratic Party was a private organization, while Smith said that the law in question essentially disenfranchised him by
... Get more on HelpWriting.net ...
30. Aristotle Vs. Aristotle's Rhetoric And Dialectic
In Rhetoric, Aristotle states, "Let rhetoric be [defined as] an ability, in each [particular case], to see the available means of persuasion" (Kennedy,
2007, p. 37). Aristotle is saying that rhetoric is not just the art of persuasion through speech. He was saying that rhetoric is the art of discovering the
methods of persuasion available in all situations. This relates to the goal of many figures in the current day political climate. This goal is to discover
methods of persuading as many people as possible as often as possible. A politician's use or rhetoric can be compared to Aristotle's study of rhetoric in
that both utilize the artistic proofs and practice the three species of rhetoric. Aristotle's definition of rhetoric closely matches the goals of modern
politicians, and so rhetoric has become ingrained into our modern day political process.
Aristotle views rhetoric as the counterpart to dialectic, and points out several key differences. Aristotle says that both rhetoric and dialectic begin with
"endoxa", or reasoning from a commonly held belief or opinion (Herrick, 2016, p. 71). Both rhetoric and dialectic must be based on a logical
argument. Rhetoric takes that argument and adds elements of the speaker's character and emotions, creating a more diverse method of persuading an
audience. Dialectic favors a fact–based dialogue and does not rely on the speaker's character and emotions. Rhetoric and dialectic are both methods of
addressing questions. These questions do
... Get more on HelpWriting.net ...