...Death Penalty Death Penalty II Abstract We as a society have chosen to have a death penalty for the crimes that cry out for justice even though the use of the death penalty is known to have mistakes and may require a great deal of time and money to ensure that we have the correct person. The problem is that the system is in a lose-lose situation and cannot win either way. So because of this we have to weigh the odds of the death penalty against the possibility of mass crime increases. The facts all weighed together then weighed against the possible outcome of no death penalty most could see that the latter has far worst results. There are steps that we can take to assure that any person who gets the death penalty has the best defense and all avenues of discovery is covered and researched and all court appeals if any have been heard. The defendant and the state have a large amount to lose. The fact that we have to get this right the first time should prove the cost of the procedure well worth the monies spent. No matter what way it is looked at being for or against the death penalty are a personal and often a moral decision. The battle of those for and against the death penalty will continue to be fought because these two groups will never see the issue eye to eye. Death Penalty III Death Penalty The death penalty has been thought to be a deterrent to homicide by many. It’s a fact that the death penalty cost tax payers billions of dollars each and every year. Society...
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...other would-be criminals. There have been studies conducted to determine if the death penalty is effective in this regard. There is another point of disparity surrounding the death penalty related to the equality of its application. Are all citizens treated equal? This paper takes a closer look at the equality in the application of the death penalty and its effectiveness as a deterrent. Is the Death Penalty a Fair and Effective Deterrent in the United States? The death penalty came to the United States with the first European settlers and continued until the 1960’s. “The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore unconstitutional under the Eighth Amendment.” (Bohm, 1999) Since the 1960’s courts have been battling the issue of the death penalty. Currently there are 38 states that have provisions for the death penalty. What is the purpose of the death penalty? The death penalty is the ultimate punishment for a crime. It ensures that the offender will never commit another crime against society. Some would argue that society has not only the right, but the duty to protect itself from severe criminals by executing them. The other side of the aisle might argue, “How can we teach our children from infancy that killing...
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...For example, in the English television show Black Mirror, we can see an example of this in one of the episodes: White Bear. In White Bear, the main character was being punished for a crime she committed alongside her boyfriend. Her boyfriend kidnapped a little girl, tortured her, and killed her, while she videotaped the whole thing. As punishment, the society she lived in decided to torture her day in and day out, making her believe that she was being hunted for the kill, while alongside her many citizens filmed the entire thing and did not stop to help. In the end, it was revealed that the citizens were doing this simply for fun, and to watch her anguish, as she believed her life could be taken from her at any second. This example easily can be looked upon as revenge and not retributivism. The members...
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...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...
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...phone call from a man named Johnny Gray. At the time of the call Mr. Gray claimed to be Sammy Mitchell, who was well known by the police and prosecutors. Don Tisdale the district attorney on the case prosecuted Sammy Mitchell numerous times, and saw Darryl as a young version of him. The first time Mr. Hunt was picked up by the police he claimed his innocence and cooperated with them. Later Darryl stated that the D.A. offered him $12,000 to say Sammy Mitchell committed the murder, and promised all charges against him would be dropped. If Mr. Hunt refused Tisdale said he would seek the death penalty in his case. Darryl refused to turn his friend in, and was charge with the rape and murder of Sykes even though there was no physical evidence linking him to this case. His charges were based on the 911 phone call, and an ID made by a previous Klan member Thomas Murphy. During this time Hunt met a man named Larry Little. Mr. Little started independently investigating Darryl’s case because he felt there was no way Darryl could commit this brutal crime. After talking to people in the neighborhood Larry soon learned that Johnny Gray was known as a shady and unreliable source. Little brought this to the attention of defense attorneys Mark Rabil and Larry Gordon. The defense argued their case to the court, but it did not help. On August 10, 1984 Darryl Hunt was convicted by an all-white jury and sentence to life in prison. In 1990 six years later, the court gave Darryl a new trial based...
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...Embedded Journalism COM: 235 Final Research Paper April 24, 2014 Chloe Di-Tommaso Dr. Meade “Embedded Journalism” Throughout our studies amongst media law and ethics, I have grown particularly absorbed by the weights and balances of embedded journalism within our war culture today. My research aims to evaluate both the values and drawbacks of the Pentagon’s decision to pursue embedded journalism during the war on terror in 2003. I will be offering an in-depth evaluation of the history, objectives and purposes of embedding, how embedding raises concerns with the First Amendment’s entitlements, and finally questioning the notion that embedded journalism decreases censorship and increases access. In order to understand the current iteration of embedded journalism, we must understand our nations history of war correspondents and their relations with soldiers (Mayfield, 2013). The history between the military and the media lays the foundation for embedded journalism and serves as a reminder that the absence of censorship in past wars provided the impact on todays embedded program into Iraq (Brandenburg, 2007). Military-media relations have been building up over time, it originated with the earliest correspondents in 1850 and today expands through British, French, and American military engagement with the media (Mayfield, 2013). It wasn’t until the second half of the twentieth century that America began utilizing their media to report on current warfare’s. However, journalistic...
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...Interpretations is the process by which Judges interpret Acts of Parliament. 75% of cases heard by the House of Lords are concerned with statutory interpretation. Statutory Interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity (can be interpreted in more than one way) or vagueness (unclear) in the words of the statute that must be resolved by the judge. An example of where the language was unclear can be seen in the case of Twining v Myers (1982), where court has to decide whether roller skates amounted to a ‘vehicle’. There may be other cases where the meaning of words change over time, for example the Offences Against a Persons Act 1861 uses the word “malicious” and “grievous” which either would not be used in this modern day and time, or if used have different meanings to which was intended when the Drafts Man of the act write it. Other means of when Statutory interpretations would be needed is when Drafting errors are present in the bill, this happens mostly when bills are rushed in times of emergency. Problems of interpreting statutes? The problems with interpreting statues is that Judges have to decide what parliament meant by a particular piece of legislation. In most cases judges correctly judge of what the intentions of parliament was at the time of passing...
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...Effective Communication Paper CJA/304 Timothy J. Anderson May, 16, 2012 Effective Communication Paper Effective communication starts as early as being a baby, it starts with a baby’s cry, knowing their parents will come rushing in to provide for his or her needs. The baby knows the louder the cry the faster they will come. This then carries on to adolescent years when they discuss their ware about with their parents to gain more trust and also some extra cash for their weekend. This communication then leads to when you’re an adult the better communication a person posses will better help them gain closeness to their children friends, parents and also colleagues. In the criminal justice felid communication is a big factor because, the criminal process starts with the arresting a criminal defendant and most of the time ends with the release of the inmate after a jail sentence. All communication made to the arresting officer, the defense attorney, the prosecuting attorney and the judge can impact and affect the outcome of the case. Written, verbal and non-verbal communication can be equally damaging. “Effective communication can only occur when each person is interested in hearing what the other is saying. Both people have to make the effort to be good listeners. This requires patience, respect, and courtesy. Productive interaction takes intention and effort on the part of everyone involved”. (Golden...
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...debated nearly every facet of the phenomenon, from the number of homeless to the causal factors to solutions for homelessness (Hodges, 2010). Each year, more than 3 million people experience homelessness, including 1.3 million children. According to national studies, even more Americans are at risk of homelessness. The impact of homelessness on families and children is devastating. Millions of low-income American households pay more than 50 percent of their income on rent when estimates say the figure should be no more than 30 percent (Surveys/Studies/Stats, 2012). There are several situations that may lead to homelessness but some of the more common reasons are: a missed paycheck, a health emergency, or an unpaid bill. These will create a crisis, pushing people out of their homes and in to homelessness. Despite diverse causes, almost all forms of homelessness are tied to poverty (Karger & Stoesz, 2010). Although there are policies to govern the issue of homelessness, there is room for reform and amendments in the legislation. Definition The level of significance we ascribe to homelessness very much depends on how the term is defined. In conducting the first census of the homeless in 1933, sociologist Nels Anderson identified a homeless person as “a destitute man, woman or youth, either a resident in the community or a transient, who is without domicile at the time of enumeration. Such a person may have a home in another community, or relatives in the local community...
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...preserve the peace among societies. On September 11, 2001 police responsibilities changed because of the attack on the United States. State police expanded their responsibilities to fight terrorism, new laws, and new types of crimes. The criminal justice system has two main aims, which are to manage crime and to guarantee due process. This paper will discuss past, recent, and future trends, contemporary issues that are affecting the criminal justice system, and the criminal justice system in a changing society. Past Trends In the 1960’s the general downward crime rates that been marked since the 1930’s came to an end. Crime report rose, more arrests were being made, lawmakers started passing tougher laws that increased penalties, cases prosecuted by the court increased, more people was placed in prisons and jails, or placed on probation or parole, and spending by the government grew for criminal justice institutions. The Federal Government changed in an effort to fight crime. In the 1960’s, the use of illegal drugs became widespread. The government responded with broad programs with arrests, large numbers of incarceration, blocking illegal transport over the borders, working with other countries to stop criminal organizations, and making an effort to reduce demand for drugs. In the 1980’s crimes commit by juveniles started rising because of the increasing market for cocaine and crack....
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..._______________________ CHAPTER 3 _______________________ HOLDERS IN DUE COURSE I. ACQUIRING HOLDER IN DUE COURSE STATUS If you remember the rule that a holder in due course takes free of most of the defenses the parties to the original transaction have against one another, it is easy to see why it is important to determine if the person currently possessing the instrument qualifies as a holder in due course. The basic definition is found in §3-302(a), which you should read carefully. Official Comment 4 to §3-302 makes it clear that the payee can qualify as a holder in due course in some rare situations. Normally, the payee is so involved in the underlying transaction that he or she has notice of problems affecting payment obligations, and thus cannot be a holder in due course. But the examples given in Official Comment 4 describe fact patterns where the payee is innocent of such knowledge and can therefore qualify for the protection given to holders in due course. See also Eldon’s Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 296 Minn. 130, 207 N.W.2d 282, 12 U.C.C. Rep. Serv. 490 (1973), for an example of the payee as a holder in due course. 35 36 3. Holders in Due Course Subsection (c) gives a list of extraordinary transactions — creditors seizing instruments by judicial process, the sale of an inventoried business (a ‘‘bulk transaction’’), or the appointment of the administrator of an estate containing negotiable instruments — in which...
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...RACISM IN THE CRIMINAL JUSTICE SYSTEM By Nichole Griffith Advised by Professor Chris Bickel SOC 461, 462 Senior Project Social Sciences Department College of Liberal Arts CALIFORNIA POLYTECHNIC STATE UNIVERSITY June, 2012 © 2012 Nichole Griffith Table of Contents Research Proposal ............................................................................................................................1 Annotated Bibliography ...................................................................................................................2 Outline..............................................................................................................................................6 Introduction ......................................................................................................................................7 Research ..........................................................................................................................................8 Conclusion ....................................................................................................................................29 Bibliography .................................................................................................................................31 Research Proposal The goal of my research is to expose the racism in the criminal justice system that is so hidden. I want to show how racism contributes to the huge number...
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...light a very serious moral dilemma. It is a dilemma that not everyone is even aware exists. Child Protective Services is guilty of kidnapping and child trafficking. Some workers are also guilty of abusing our children. I myself am a victim of this corruption. My children were taken in the middle of the night by force for no reason. I cannot find them, their birth records do not even exist. Why is that? All you have to do is go on you tube and type in CPS Corruption and the list is endless. On Facebook, there is page after page of victims of these crimes committed by CPS, their stories, petitions, and lawsuits. It is very heart wrenching. When you watch the videos on You Tube about this corruption, most of them are news clippings or proven cases, you would be shocked at what you will find. Not only are they stealing children but some of them are abusing the children. Jones (2009), states “ One of their favorite things to do is take your children and rape them, then blame it on you. There is no group more dangerous, than a truancy officer, a CPS worker, or a foster parent period. Their bullies they like hunting children” (clip1). Roberts (2009) states that,”Files can disappear. It is all based on illegal grounds and no one is doing anything about it. (para.1). What is worse is that some of these children are stolen from great parents and abused by the ones that are there to protect them. CPS is kidnapping, stealing, abusing, and trafficking our children for money. This needs to stop...
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...issued an order consolidating several lawsuits against the National Football League into one large case of Multidistrict Litigation. All of the lawsuits that have been filed claim “tortious conduct” on the part of the NFL, resulting in neuro-degenerative disease and injury to professional football players. As of January 24, 2013, over 4,500 retired NFL players, more than one-third of players to ever sign an NFL contract, had brought a suit against the NFL concerning the head injuries that they sustained on the field during their playing careers. (Anderson, 1). Given the outstanding popularity of football in the United States, these lawsuits have garnered the attention of national media, prompting debate, discussion, and research about the dangers of football-related head injuries and the future of the NFL. (Fenno, 1). The litigation has the potential to reach the scale of the Big Tobacco litigation of the 1990’s, but the NFL has thrown a substantial roadblock in the players’ suit with a federal employment law preemption defense. (Fisher, 1). The consolidation of all the lawsuits into the Multidistrict Litigation has created the ability for both parties to decide the legal issues presented by the players’ claims and the NFL’s defenses. This paper will examine the merits of those claims and defenses, offer insight into how the players applied rhetorical devices to further their case, address the link established between the NFL and Big Tobacco, and how the court could likely rule...
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...mutants but most of them use their gifts for good rather than break the law. A classic example would be “Robin Hood”, he broke the law only to help those in need. (rottentomatoes.com) There are other examples where crime and the movies coexist on both sides of the law, whether it would be cheering for the good guy or cringing when a killer kills their victim, movies cannot show you the whole story and cannot show you the real justice system. During my research I came across this essay called “Does Movie Violence Increase Violent Crime?” (Dahl & DellaVigna, 2006) an excerpt from the essay caught my attention because I believe it is true. That excerpt says: “Warnings about media violence are largely based on the psychological research. As Anderson and Buschman (2001) summarize it, “Five decades of research into the effects of exposure to violent television and movies have produced thoroughly documented research findings. It is now known that even brief exposure to...
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