...aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the conducts this is prohibit in region or state, federal government. However, when laws results in violations where the individual charged with the crime and haul off to jail. Although once the individual charged, they have the right to defend themselves in court with legal representation. This paper aims to examine and identify the different kind of criminal defense used in a criminal trial. This paper will discuss the two common defenses used in our justice system legal I did it but and factual I did not do it, the defense I did not do it means presumption of innocent and the defense I did it but means guilty with reason. Factual defense is the legal defense offers two group defense excuse and justification that has six categories for them. In justification, the six groups are self-defense, consent, resisting unlawful arrest, defense against others, necessity defense, and defense of property and home. In the excuse defense there is syndrome based, duress, age, intoxication...
Words: 1029 - Pages: 5
...court lawyers have an ethical duty to tell judges the truth. In the civil system the judge establishes the facts of the case, brings charges, gathers the evidence, and questions plaintiffs and defendants. Attorneys play a less active role in defending their clients, they are charged with finding the truth. In a criminal trial the decision is made by a judge or group of judges and a small group of lay assessors. Lay assessors are selected randomly from the population. They are not questioned by the prosecution or the defense, so they could be biased. A two-thirds majority is usually required for conviction. The US Constitution gives us certain rights that the civil law system does not. For example in the US, you have the Presumption of Innocence, The right to trial by jury, right to a speedy trial. In the US the states have the right to adopt whatever law system they want, as long as it doesn’t conflict with the constitution or federal law. Therefore there would be some issues attempting to apply a complete civil law overhaul in the US. In the Supreme Court case of The State of...
Words: 724 - Pages: 3
...principles that apply to each of the issues will be discussed. Product Liability is the type of law that holds manufacturers, distributors, suppliers, retailers, and others involved with the product reponsible “for any damage caused by that product (Products Liability Law). This paper will contain important factors about the Product Liability video. For example, Potential tort risks that were addressed within the video will be identified. In addition, a tort violation from the video will be identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of all, there are several potential tort risks that are addressed within the Product Liability video. Tort law basically protects individuals from various enterprises and other parties from injuring the innocent either recklessly or negligently. For example, the video explains how the product quality was not represented properly. The company is at fault because they really misrepresented their product for consumers to pay. When the manufacturer expressed that the equipment would do what the consumer expects and it doesn’t live up to...
Words: 1247 - Pages: 5
...into the materials. Foundations of Criminal Justice System Foundations of the criminal justice system as you read through the essay you will find I have pointed out the components of the criminal justice system. I have given an overview of the process for which an arrest would take place and how the process follows through. There are different types of law that there are in the foundations of the criminal justice system. As we look at the criminal justice system the criminal justice system is made from three key components for the system which are the police, courts and the corrections. Although all three make up the criminal justice system they have different jobs in the field, but work together to complete the investigative and prosecutorial process. The process occurs from the interrogation and questioning to the conviction of a criminal act to the custody and supervision of the offender. Schmalleger 2012 states, “The police, enforce the law, investigate crimes, apprehend offenders, reduce and prevent crime, maintain public order, ensure community safety, provide emergency and related community services, protect the fundamental rights and freedoms of individuals.” (Chapter 1, Page 10). The courts are in place to help protect our rights and freedoms inside...
Words: 1092 - Pages: 5
...Bill of Rights Unit 1 Lonzo Davis AIU Online Bill of Rights Unit 1 Lonzo Davis AIU Online The main overview of the bill of rights pertaining to criminal defendants in the 4th-6th and 8th Amendments is discussing what rights Americans can claim if they are accused of crimes. The 4th Amendment is the search and seizure. That is to stop the government from making general search and seizures of property. The 5th Amendment forbids double jeopardy, which is the act of bringing a person to trial a second time for the same crime (http://www.ushistory.org/gov/10c.asp). It also prevents a person of being convicted or accused of a serious crime without a grand jury investigation. The 6th Amendment also known as the right to counsel is the guarantee that a person accused of a crime have the right to a defense lawyer. The last one is the 8th Amendment which is cruel and unusual punishment. This Amendment prevents someone of suffering cruel and unusual punishment rather it’s a certain type of death penalty or a harsher sentence/punishment than the crime the person committed (http://www.ushistory.org/gov/10c.asp). One example of how the 8th Amendment affected procedures in the courts is, in 1972. Up until then the courts did not challenge the death penalty. In 1972 the case of Furman v. Georgia; the Supreme Court stated that capital punishment was not cruel and unusual punishment, but it has to be carried out in a fair and consistent manner (http://www.ushistory.org/gov/10c.asp)...
Words: 433 - Pages: 2
...Sarbanes-Oxley Act - Summary of Key Provisions | | Source: Banking Industry Overview: Version 1 Instructions: Use this SkillGuide as a reference tool for checking compliance requirements under the Sarbanes-Oxley Act. Topics | Possible Action Items for Banks | Public Company Accounting Oversight Board | Establishment and operation | Prior to audit work done by an external auditor, confirm that the audit firm plans to register with the Public Oversight Board.Once rules for registering are in place, confirm that the audit firm is registered and is in compliance and good standing with the Public Oversight Board rules. | Auditor Independence | Segregation of audit and other services | Request that the bank’s accounting department determine what payments have been made and/or agreements signed with accounting firms for services other than financial statement audits. Determine whether those functions need to be performed on an ongoing basis and, if so, prioritize such services to evaluate whether the services should be performed by a different firm.Discuss with the audit committee any non-audit services that need to be continued by the external audit firm and request approval.Establish procedures for a single member of the audit committee to approve of non-audit services that may need to be performed by external audit firm. | | Rotation | Inform the audit committee that the external audit partner and reviewing partner will rotate every 5 years. | Corporate Governance |...
Words: 831 - Pages: 4
...Running head: Biblical & Secular Views Biblical & Secular Views on Counseling John Smith Liberty University Abstract Whether a counselor comes from a strong Christian background, or a secular one, the goals of the professional should remain in the best interests of the client. Still, it remains important where the views of that counselor originated from and where the source of their motivation and ethical standards are derived. This paper attempts to compare and contrast the viewpoints of secular and biblical worldviews, as it relates to the counseling profession. Biblical & Secular Views on Counseling No matter what philosophical background counselors come from, the theme of their work should remain the same: It is all about the client. Whether a counselor uses the Code of Ethics adopted by the American Counseling Association, (2005) or the code adopted by the American Association of Christian Counselors, (2004) the goal of the professional still need to keep the client’s best interests at heart. Still, with this thought in mind, Christian and secular groups differ in the ways in which they go about not only helping clients, but how they define their perspective roles in the exchanges between the therapist and the client. In order to accurately evaluate the ways in which Christians view the role of the counselor, it is first important to go to the source of their opinions of the matter;...
Words: 4259 - Pages: 18
...4) EXPLAIN THE NEED FOR ETHICAL PUBLIC RELATIONS IN RELATION TO THE CONSCIENCE OF AN ORGANIZATION. The importance of ethics is not only visible in public relations alone; on the contrary it encompasses each and every aspect of our daily life. The public relations of organisations that lack ethical principles are bound to fail sooner or later. The field of ethics, also called moral philosophy, involves systematizing, defending and recommending concepts of right and wrong behavior. It is defined by Parsons (2008:28) as the application of knowledge, understanding and reasoning to questions of right or wrong behavior. With this definition one can say that ethics are personal values system that each person uses to judge the right or wrong behaviour in others. In public relations discipline, ethics includes values such as honesty openness, loyalty, respect, integrity and forthright communication. Careful and consistent ethical analyses facilitate trust, which enhances the building and maintenance of relationships- after all, that is the ultimate purpose of the public relations function, (Bowen, 2008). Thus this essay will explain the need for ethical public relations in relation to the conscience of an organisation. Organisations accomplish more of their long term goals when they integrate some of what publics want, meaning that the management engages in an ongoing relationship of give and take with the publics. Scholars (Goodpaster & Matthews, 1982; J. E. Grunig & L. A. Grunig...
Words: 1693 - Pages: 7
...GJLNR Consulting Firm Employee Handbook Company Overview GJLNR Consulting Firm is a world renowned consulting firm that offers professional advice and organization to large to midsize business organization in the healthcare industry. GJLNR has more than 25 years of experience in unionizing; employee relations, healthcare, and investment benefit options. GJLNR Consulting Firm prides itself in offering personalize, world-class consultation to each client. Our dynamic staff is the driving force for this recognized business service. To uphold GJLNR company’s vision and integrity, our employees are held to higher standards. In this employee handbook GLJNR will identify the behaviors and actions that all our employees should adhered to as a member of the GLJNR team. Privacy Privacy is a continuous standard at GJLNR Consulting Firm. The following areas are covered under Privacy at GJLNR: Badges, Internet Access, Confidentiality Agreements, Releasing of Company Material, Public Relations and Employee Relations. If any of the below privacy issues are violated GJLNR reserves the right to terminate an employee work relationship at GJLNR Consulting Firm. Badges Employee badges are issued on the first day of employment. Employees will only use their badges in the grant areas as expressed by human resources Employees should have their badges with their name visible at all times while on GJLNR properties. At no time, will an employee use another employee...
Words: 1233 - Pages: 5
...Riordan Corporate Compliance Plan LAW/531 June 11, 2012 James Mc Phail Riordan Corporate Compliance Plan Riordan Manufacturing, Inc. Riordan Manufacturing is a global and international company that produces and sells plastic parts for the beverage manufacturing industry, automotive industry, aircraft manufacturers, and fan manufacturers. Riordan owns four major facilities in the United States Albany, Pontiac, Michigan, and Georgia. In addition, one joint venture located in China, in the town of Hangzhou. Riordan headquartered in San Jose, California is responsible for the creation of new designs, research, and development. The company employs 550 people worldwide, with annual earnings of $46 million. Enterprise liability Riordan currently maintains a corporate compliance plan. However, the company should improve the governance system to manage, control, and protect the company stakeholder’s assets efficiently against potential legal threats. Riordan should implement a strong corporate governance meeting structure that will allow conformance and compliance of new regulations and legal requirements. The implementation of procedures and corporate policies will help the employees to focus and will prevent compliance violations. Both officers and employees must comply with applicable laws and guidelines provided in the corporate policies. Regular reviews of the following governance committees will help to manage the liability of the directors...
Words: 2043 - Pages: 9
...370 brands include category leaders and household-name brands such as Smirnoff (vodka), Guinness (beer) and Johnnie Walker (whisky). Great marketing and branding are central to Diageo’s success. Creativity in advertising and promotions in particular is a critical factor. Diageo excels in this area, and Guinness for example has won numerous accolades for its impactful advertising campaigns. With a £1.5Bn* annual investment in marketing, Diageo has been keenly aware of the need to protect its intellectual property and brand assets. This paper reveals how Diageo’s industry-leading global Brand Asset Management (BAM) system helps Diageo manage its exalted international reputation and global brand ambitions. * year ended 30 June 2011 1 Overview of SmartBrand SmartBrand is the name of Diageo’s BAM system and is actively used by c. 5,000 Diageo brand, marketing, and compliance managers world-wide, and Diageo’s agencies. “ With a company of our size and complexity Smartbrand is essential in making it more effective, both at search and spin and from a compliance perspective. The site protects our reputation, assets and our ability to market our brands.” Andy Fennell, CMO, Diageo PLC SmartBrand is a suite of tools that helps Diageo marketers to find, create and adapt brand assets, and to share with, and learn from, other Diageo marketers. SmartBrand is where marketers find all the content created for brands. SmartBrand is also a project management tool to manage the creation...
Words: 1216 - Pages: 5
...This summer, my co-counsel and I filed a cert petition in a pro bono case on behalf of a criminal defendant named Manuel Arzola. The case, Arzola v. Massachusetts, raises this question: Whether a Fourth Amendment “search” occurs when government agents remove blood from a person’s lawfully-seized clothing and conduct a DNA test that generates a DNA identity profile. The petition explains: When the police lawfully seize a bloody article of clothing during a criminal investigation, they may wish to run a DNA test on the blood. DNA testing can reveal the DNA profile of the person whose blood was found on the clothing. The police can then try to match that DNA profile with profiles from other samples to prove identity. Lower courts have divided on whether the practice of removing blood from lawfully-seized clothing and testing it to obtain a DNA profile is a Fourth Amendment “search” of the owner’s effects. The Fourth Circuit has held that it is a search. The Maryland Court of Appeals (the state’s highest court) has disagreed. In the case below, the Massachusetts Supreme Judicial Court agreed with the Maryland Court of Appeals and disagreed with the Fourth Circuit. Shortly after we filed our cert petition, the Maryland Public Defender filed an amicus brief in support of the petition. The respondent, the commonwealth of Massachusetts, initially waived its right to file a response. The Supreme Court requested a response, however, and the commonwealth filed its brief in opposition...
Words: 561 - Pages: 3
...responsibility for her care, which impelled them to visit Leticia with Mrs. Woods’ permission. On the second visit, in May of 1978, Mrs. Woods authorized the Racine’s to take Leticia home with them. This concept of “taking home” was later disputed by the Racine’s and Mrs. Woods on the basis of intended length of stay. The Racine’s believed that Mrs. Woods intended for Leticia to remain in their home permanently, while Mrs. Woods argued that she had meant a short period of time. Approximately five months later, Mrs. Woods approached the Racine’s, demanding Leticia back. The Racine’s, having taken on the parental role in her life, refused to allow Mrs. Woods to take her. After this incident, Mrs. Woods waited five years before seeking legal counsel...
Words: 1796 - Pages: 8
...Crime to Corrections A guide to our Justice System By: Joseph Reagan Abstract The following brief will be presented outside a federal courthouse to the public after a recent round up of local gang members by federal, state and local authorities. Included in the brief will be information on the process by which the suspects were taken into custody, booked and all information recorded. We will also give a detailed, step by step overview of the federal justice system as it pertains to the defendants as they work their way through the legal system. Our brief will conclude with the corrections process as it applies to a federal case. The brief is intended to make the public aware of how law enforcement, the judicial system, and corrections all work together to try to make the process through the legal system as smooth as possible to maintain due process while upholding the law. Welcome, I understand this is a difficult and confusing time for you if you are here because of the recent arrests that occurred. I am going to explain in detail to you the steps that will be taken as each suspect is processed through the jail. I will then discuss the pretrial measures as required by law to protect the defendant as well as the victims in this case. Finally, I will discuss pretrial steps as well as what will occur should a federal trial take place for the defendant. Please hold any questions till the end of my briefing so we can get through all the information as there...
Words: 1858 - Pages: 8
...Managing Information Systems 2014-04-29 1 •Team 1 Approach • Inditex – Owners of the ‘Zara’ Franchise • Summary Overview • Fast Fashion – NOT Retailing • How ZARA / INDITEX works • Their system, organisation & focus points. • The QUESTION’s asked? What should ZARA do? • Should they do it? Why? • Value Chain & VRIN Analysis – (Inimitability is Key) • TOTAL Financial implications versus the Risk. • Diagnosis of Challenges & Recommendations. • People, Processes, Technology. • A Crisis of Coordination • Implementation strategy, communications and Stakeholder Management is KEY! • Summary 2 • ‘63 = House Coat Manufacturer, to Inditex in 2003 • Vertically Integrated Network (Production, DC’s, Retail) • €3.9billion Revenues, delivering €839.3m Op profits. • 1558 Hi-Profile OUTLETS. Stradivarius 10% Zara 34% Bershka 13% Oysho 4% • 8 successful Franchises, • ZARA 531 Stores = 34% - BUT, 75% Revenues • 85% of outlets in Europe, Spain 918. • Highly Profitable - Expanding Globally – FAST. • (Note – 2012 Accounts - €15.9b sales, €3.1b operating profits) Massimo Dutti 16% Kiddys Class 4% Pull & Bear 19% 3 • Fast Fashion Industry Overview • Moving designs from catwalk to store quickly, to capture current fashion trends. • In Store experience MUST be ‘trendy & interesting’ to drive regular visits. • Enables mainstream consumers to take advantage of current clothing styles at lower prices. • Brands Include, H&M, Zara, TopShop, Beneton, Gap Design...
Words: 895 - Pages: 4
