...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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...we have done he has shown really good initiative. For example in a piece of improvisation work he had the idea that if they turned all the lights off their words would have more of an impact and it did it worked like charm. He also has a good imagination I could see this when he was telling me what he would do as director. We decided to choose the directors by secrete ballot. Once the directors had been chosen it was audition time. We decided to let people audition for as many parts as they wanted so that they could be flexible. We firstly decided who the foreman was going to be played by, what were we looking for hen we were auditioning, well the foreman I think is the kind of guy that wants to be like the 7th juror but he...
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...12 Angry Men Script from Flim The Twelve Jurors: A summary of the anonymous characters helps to flesh out their characters and backgrounds. The order in which each eventually decides to vote "not guilty" is given in brackets: * Juror #1 (The Foreman): (Martin Balsam) A high-school assistant head coach, doggedly concerned to keep the proceedings formal and maintain authority; easily frustrated and sensitive when someone objects to his control; inadequate for the job as foreman, not a natural leader and over-shadowed by Juror # 8's natural leadership [9] * Juror #2: (John Fiedler) A wimpy, balding bank clerk/teller, easily persuaded, meek, hesitant, goes along with the majority, eagerly offers cough drops to other men during tense times of argument; better memory than # 4 about film title [5] * Juror #3: (Lee J. Cobb) Runs a messenger service (the "Beck and Call" Company), a bullying, rude and husky man, extremely opinionated and biased, completely intolerant, forceful and loud-mouthed, temperamental and vengeful; estrangement from his own teenaged son causes him to be hateful and hostile toward all young people (and the defendant); arrogant, quick-angered, quick-to-convict, and defiant until the very end [12] * Juror #4: (E. G. Marshall) Well-educated, smug and conceited, well-dressed stockbroker, presumably wealthy; studious, methodical, possesses an incredible recall and grasp of the facts of the case; common-sensical, dispassionate, cool-headed and rational...
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...#3 Character Listing * Martin Balsam (Juror #1): He serves as the foreman of the jury and is fair. He listens to others and tries to guide the jury to a unanimous decision. He is non-confrontational and lets others express their opinion. * John Fiedler (Juror #2): He is the typical "avoider". He is easily persuaded and is the most timid of the group. He prefers to avoid angering the other members of the jury and cannot express his opinions. * Lee J. Cobb (Juror #3): He is biased and confrontational when other members disagree with his opinions. He believes that the defendant is guilty and is the last one to change his vote. His initial decision is mostly based on his poor relationship with his own son. * E. G. Marshall (Juror #4): He is a very calm and logical stock-broker. He bases his decision on facts and does not change his vote until the end when there is doubt about one of the witness's testimony. * Jack Klugman (Juror #5): He is a young man that is not comfortable expressing his opinion in front of the older members of the jury. He grew up in the slums and takes offense when other members try to stereotype people from the slums. * Edward Binns (Juror #6): He is an honest man that does not trust people easily, but listens to others and is fair. He bases his decisions on reasonable doubt. * Jack Warden (Juror #7): He is a salesman that does not like the idea of being part of the jury. He wished he was not there. * Henry Fonda (Juror #8): He is the protagonist and is convinced...
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...Analysis of Business Issues, Writing In the Disciplines (WID) BADM 2003W (95440): BADM_2003W.SEC.12 Tuesday Combined Class: SEMESTER: Spring 2014 LOCATION & TIME: Duques 353, Tuesday 11:10 AM-12:25 PM PROFESSOR: Dr. Bret Crane Department of Management Office: Funger Suite 315N Email: bretdcrane@gwu.edu Office Hours: Tuesdays 1:00-2 PM or by appointment TEACHING ASSISTANTS: |Erin Vander Wall | | |Leigha McReynolds | | |Mark De Cicco | | |Tess Strumwasser | | |Daniel Berkhout | | |Sam Yates | | |Vicki Brown | | | ...
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... Funger 209, Monday 2:20 PM-3:35 PM PROFESSOR: Dr. Bret Crane Department of Management Office: Funger Suite 315N Email: bretdcrane@gwu.edu Office Hours: Tuesdays 1:00-2 PM or by appointment TEACHING ASSISTANTS & WRITING LABS: | | | |Section # |Begin |End |Day |TA |Email | |30 |08:00 AM |09:15 AM |Wed |Mark De Cicco |mdecicco@gwmail.gwu.edu | |31 |09:25 AM |10:40 AM |Wed |Mark De Cicco |mdecicco@gwmail.gwu.edu | |32 |10:50 AM |12:05 PM |Wed |Tess Strumwasser |tstrumwa@gwu.edu | |33 |12:15 PM |01:30 PM |Wed |Tess Strumwasser |tstrumwa@gwu.edu | |34 |01:40 PM |02:55 PM |Wed |Daniel Berkhout |berkhout@gwmail.gwu.edu | |35 |03:05 PM |04:20 PM |Wed |Daniel Berkhout |berkhout@gwmail.gwu.edu | |36 |04:30 PM |05:45 PM |Wed |Erin Vander Wall |evanderw@gwmail.gwu.edu | |37 |08:00 AM |09:15 AM |Thurs |Victoria...
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...ENGLISH HANDBOOK -“Welcome to my evil lair…” -Mr. Braiman Brooklyn High School of the Arts www.mrbraiman.com http://handbook.mrbraiman.com “EVIL” Welcome to my evil classroom lair. In order to become full-fledged evil “minions,” you need to read this handbook carefully. It explains everything you need to know. “English,” as you may know, is shorthand for “English Language Arts.” Being that we are in an Arts school, but one where academics must and always do come first, it is important that we approach the subject as what it is: an art form. How does one study the arts? What exactly do we do when we study drawing, sculpture, music, or dance? Well, anyone who has studied the arts will tell you that studying the arts essentially involves two things: • Learning about, and developing an awareness of and appreciation for, existing works of art in that particular form; • Developing the skills and techniques associated with the art form, in order to create our own works. In the case of language arts, much like any other art form, we will be studying existing works of art (i.e., reading books, stories and poems), and developing the skills to produce our own (i.e., writing). That’s what English Language Arts is. We will also be preparing ourselves for New York State’s Regents Comprehensive Examination in English, which we’ll all be taking in June. This two-day, six-hour, four-part exam requires no specific knowledge or content, but it does require the skills to listen, read,...
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...The Assignment BUS 520 Meaning of action: semantic vs pragmatic. The importance of language : How we speak about action; what are the specific circumstances between actors. Language creates new meanings. New linguistic meanings create new possibilities and social realities. And language and action inform each other. Example: the statement “Jump from the window!” can mean many things. The statement can be “reinterpreted in many ways” and “different kinds of actions” are compatible/triggered by that statement, other than the literal interpretation and action that reflects the literal meaning. Semantics views action as propositional sentences. Seen as statements that someone makes to someone about something; they refer to events in the world (mere descriptions of things). Theory of action: from what? To Why? To who? (the agent). Focusing too much on What? and Why? and losing track of Who? (The who? Is ultimately needed for understand action from an ethical perspective.) We need to understand action related to an agent (not just a logical agent but a self). Attribution (of predicates) to a logical subject is not the same as: Ascription to a self where the agent can self-designate himself in the action he performed (or better yet, that he has not yet performed). Imputation (of moral value to an action) is an improvement over attribution but it is not enough. We must distinguish between event vs. action, knowing how vs. knowing that. Action can...
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...Street Law for Youth Courts © 2006 A JURY OF YOUR PEERS: WHAT IS THE ROLE OF DIVERSITY IN JURIES? OUTCOMES As a result of this lesson, students will be able to: Identify the skills, experiences and values essential for ideal jurors Explain the popular concept of “a jury of your peers” and describe its application in youth courts and adult courts Define diversity and discuss the benefits of a diverse jury Define terms such as: grand jury, petit jury, summons, jury pool, jury venire, voir dire, removal for cause, peremptory challenge Describe the right to a jury given by the United States Constitution Explain why the jury system is important in a democracy, especially in a pluralistic society MATERIALS NEEDED Chalkboard and chalk or flipchart paper and markers (Optional) Several samples of help wanted advertisements. The ads should describe the type of candidate the employer is seeking. The particular job does not matter. HANDOUTS 1 Help Wanted (enough for each student) 2 The Rights to Juries According to the U.S. Constitution (enough for each student) 3 How Are Petit Juries Selected? (enough for each student, plus an extra copy) 4 Options for More Diverse Juries (enough for each student) 5 News Flash! (enough for each student) A Jury Of Your Peers 91 Street Law for Youth Courts ©2006 TRANSPARENCY OR POSTER (Optional) Strauder v. West Virginia PREPARING TO TEACH THIS LESSON Prepare the materials listed above. Write up and post the outcomes of the lesson. Write...
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...Sandra Carlson Business Law 3321 421 U.S. 809 Bigelow v. Virginia Facts: Jeffrey C. Bigelow was the managing editor for The Virginia Weekly, a newspaper which was published in Charlottesville, Virginia. He was charged with violating Virginia law on May 13, 1971, after printing an advertisement for a New York City agency that helped women arrange for, finance and obtain abortions. The ad print was as follows: UNWANTED PREGNANCY LET US HELP YOU Abortions are now legal in New York. There are no residency requirements. FOR IMMEDIATE PLACEMENT IN ACCREDITED HOSPITALS AND CLINICS AT LOW COST Contact WOMEN's PAVILION 515 Madison Avenue New York, N.Y. 10022 or call any time (212) 371-6670 or (212) 371-6650 AVAILABLE 7 DAYS A WEEK STRICTLY CONFIDENTIAL. We will make all arrangements for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by...
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...Overview Overview Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn), also known as the physician self-referral law, or Stark Law, intends to prevent the misappropriation of or over utilization of healthcare that could result from incentivized diagnostic ordering protocols that may be a direct result of financial relationships that could influence healthcare decisions. The law is named for its author, United State Congressman Pete Stark, a Democrat from California, who authored and supported the creation of this piece of legislation. The law’s purpose is to prohibit a physician from referring a patient for designated health services (DHS) to any organization that the physician or a member of his/her immediate family has a financial relationship. Exceptions to the law exist and will be examined in later sections of this reflection. Originally the Stark Law (Stark I) only applied to referrals of Medicare Beneficiaries, but Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn), also known as the physician self-referral law, or Stark Law, intends to prevent the misappropriation of or over utilization of healthcare that could result from incentivized diagnostic ordering protocols that may be a direct result of financial relationships that could influence healthcare decisions. The law is named for its author, United State Congressman Pete Stark, a Democrat from California, who authored and supported the creation of this piece of legislation...
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...Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination, seizure of property, guarantee of due process of law in indictments, seizures of property and assurances of life and liberty in a free world. (Head, 2008, page 1). Amendments were symbolic additives to the constitution that eventually required two-thirds consensus by both houses of Congress and ratification or approval by three- fourths of the states legislatures. (Head...
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...FORENSIC PSYCHOLOGY | H.H HOLMES | AMERICAS FIRST SERIAL KILLER | | Kevin Hutter | 10/20/2011 | H.H HOLMES, THE FIRST AMERICAN SERIAL KILLER, IN THE FOLLOW RESEARCH PAPER WE WILL BE LOOKING AT PSYCHOLOGICAL ANALYSIS OF HIS CRIMES TROUGH HIS EARLY CHILDHOOD TILL HIS EXECUTION IN THE LATE 1800’S | Herman Webster Mudgett, better known under the alias of Dr. Henry Howard Holmes, was one of the first documented American serial killers in the modern sense of the term. Mudgett was born in Gilmanton, New Hampshire [4] to Levi Horton Mudgett and Theodore Page Price, both of whom were descended from the first non-native settlers in the area. According to the 2007 Most Evil profile on Holmes, his father was a violent alcoholic, and his mother was a devout Methodist who read the Bible to Herman. He claimed that, as a child, schoolmates forced him to view and touch a human skeleton after discovering his fear of the local doctor. The bullies initially brought him there to scare him, but instead he was utterly fascinated, and he soon became obsessed with death. Born to an affluent family, Holmes had a privileged childhood. It has been said that he appeared to be unusually intelligent at an early age. Still there were haunting signs of what was to come. He expressed an interest in medicine, which reportedly led him to practice surgery on animals. Some accounts indicate that he may have been responsible for the death of a friend. [2] Holmes also talked about his childhood...
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...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...managers must attempt to take ethical approaches to all areas of work so as not to compromise the company, the employees, or the organization’s consumers. Specific criteria have been established for managers to follow in order to remain ethical, even when faced with unethical situations. Ivancevich, Konopaske and Mattseson identify these criteria as the following: 1. Utilitarian outcomes. The manager’s behavior results in optimization of satisfaction of people inside and outside the organization. In other words, it results in the greatest good for the greatest number of people. 2. Individual rights. The manager’s behavior respects the rights of all affected parties. In other words, it respects basic human rights of free consent, free speech, freedom of conscience, privacy, and due process. 3. Distributive justice. The manager’s behavior respects the rules of justice. It does not treat people arbitrarily but rather equitably and fairly (2012, Pg. 357-358). By following these three criteria managers are able to help the company, respect rights of the companies’ employees and follow the law. These three criteria are what should be the foundation of every business in order to satisfy the needs of the company, its employees and follow the laws created by the government. This is not always the case, as is visible with many companies seeking to circumvent the law, disregard for employee rights, and managers looking out for what is best for the company’s bottom line but not its long-term...
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