...Bruce Fein, JD, General Counsel for the Center for Law and Accountability, in an American Bar Association website article titled "Individual Rights and Responsability - The Death Penalty, But Sparingly" (accessed June 17, 2008), offered the following: "Abolitionists may contend that the death penalty is inherently immoral because governments should never take human life, no matter what the provocation. But that is an article of faith, not of fact, just like the opposite position held by abolitionist detractors, including myself... The death penalty honors human dignity by treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does not treat him as an animal with no moral sense, and thus subject even to butchery to satiate human gluttony. Moreover, capital punishment celebrates the dignity of the humans whose lives were ended by the defendant's predation." June 17, 2008 - Bruce Fein, JD Alex Kozinski, JD, Circuit Judge in the US Court of Appeals for the Ninth Circuit, in a Nov. 7, 2002 Hoover Institution "Interview," stated the following: "Immanuel Kant said it best. He said a society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral. So the question really... when the system works and when you manage to identify somebody who has done such heinous evil, do we as a society have a right to take his life? I think the answer's plainly yes. And I would go with Kant and I would say...
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...1 ATTACHMENT CONFLICT OF INTEREST GUIDELINES PURSUANT TO THE PROVINCIAL OFFENCES ACT (“POA”) TRANSFER WHEREAS the administration of the POA Court by municipal partners pursuant to a transfer agreement with the Attorney General must be conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity; AND WHEREAS it is deemed expedient to establish guidelines in relation to such matters; AND WHEREAS these Guidelines shall apply to all elected representatives for the City as the province’s municipal partner in relation to the transfer of POA matters for the Area, as well as all officials and staff of the City & to other persons retained by the City who perform functions pursuant to the Transfer Agreement; THEREFORE, the City hereby implements and adheres to these Guidelines & other requirements as set out below on behalf of the elected representatives, officials and staff of the City as well as to other persons retained, for all matters relating to the transfer of POA Court matters in the Area: 0.0 Interpretation 0.1 In these Guidelines: 0.1.1 Area means the Windsor/Essex Court Service Area, which includes the geographic areas encompassed by the City, the constituent municipalities of The Corporation of the County of Essex, & Pelee Island/Township. 0.1.2 City means The Corporation of the City of Windsor. 0.1.3 Guidelines means these Conflict of Interest Guidelines, as may be...
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...The Untouchables is a fifty minute documentary on the “F-bomb,” the word is fraud; it’s not to be used, in a film which shines the light on the number one suspects being Wall Street. Many of Wall Street’s top brokers and if not all top executives who have contributed to the next great recession will not face any chance of prosecution or be indicted on any criminal charges because the failure of the United States government including the efforts made by the Justice Department and the Federal Bureau of Investigation to bring about any credible evidence in which there was beyond a reasonable doubt. Based on the seemingly packaged and toxic mortgage loans to investors and the gambling on those securities and bonds to fail for even more financial succession of these institutions and top executives I really find it hard to believe with such credible evidence and the amount of it, that not one person to date can be held accountable for their actions especially in such times of economic distress for our nation where the top 1% of the population of the United States controls more money than the rest of almost 95 % combined, to me that is the atrocity. We can talk about starting from the bottom and working our way up but in this case I think the underwriters really have nothing to do with what is the core issue of what’s happening right now in our financial instructions. Should they have been more ethical who knows, should they have went to someone in charge in fact they did, should...
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...In high profile cases, prosecutors are often their own worst enemies. The pressure to succeed too often causes prosecutors in the spotlight to make strategic and ethical decisions that can backfire against their case. Several recent high-profile cases illustrate this problem: (1) the Michael Jackson child molestation trial, (2) the Jesse James Hollywood murder prosecution, and (3) the clemency proceedings of murderer Michael Morales. This essay is not intended to embarrass any particular prosecutor. Indeed, prosecutors in high-profile cases face a particularly difficult task. Each decision they make is put under a microscope by the media and its legal commentators.2 Defense lawyers are quick to claim prosecutorial misconduct, 3 knowing that ∗ Professor of Law, William M. Rains Fellow & Director, Center for Ethical Advocacy, Loyola Law School, Los Angeles. The author wishes to express her gratitude to her fabulous research assistants, Shawn Domzalski and Jeffrey Jensen, for their help with this Essay. As always, their assistance was invaluable. Thank you also to the staff and editors of the Loyola Law School Law Review for their fine editorial assistance. Finally, thank you to Sammy and Marci Maniker-Leiter for their daily inspiration. 1. MODEL CODE OF PROF’L RESPONSIBILITY EC 1–2 (1981). 2. For the ethical responsibilities of prosecutors in evaluating these cases, see Erwin Chemerinsky & Laurie Levenson, The Ethics of Being a Commentator III, 50 MERCER L. REV. 737 (1999); Erwin...
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...Defense Paper Peyton Rumbo CJS/220 Amanda Eicher 28 July 2013 A prosecutor and a defense attorney are different in a lot of ways. The prosecutor works for the plaintiff and the state's case, and they show the gathered evidence that proves that the person accused of the crime is guilty of committing it. The defense attorney's job is to give evidence that proves that the accused is not guilty. If you are accused of a crime, you will share a table at the trial with the defense attorney. The prosecutor tries to prove your guilt, while the defense attorney does their best to prove that you are innocent. The defense attorney works on their own for you, but the state pays the prosecutor. A person can, and would, hire a defense attorney, but never a prosecutor. Even though public funds are paid to prosecutors, they are not employed by the government. The person who they defend pays the defense attorney – the prosecutor is responsible for representing the government when they bring a suit against an accused criminal. The prosecutor's job title is different in each jurisdiction, but they are often called the district attorney, county attorney, state attorney, city attorney, or United States attorney. The prosecutor is charged by the public with punishing people who commit crimes, so that they can protect law-abiding citizens. The defense attorney has to protect the rights of people who are accused of a crime. If I was to become a lawyer I would definitely want to be the prosecutor...
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...University. In these studies, a child was offered a choice between one small reward (sometimes a marshmallow, but often a cookie or a pretzel, etc.) provided immediately or two small rewards if he or she waited until the experimenter returned (after an absence of approximately 15 minutes). In follow-up studies, the researchers found that children who were able to wait longer for the preferred rewards tended to have better life outcomes, as measured by SAT scores,[2] educational attainment,[3] body mass index (BMI)[4] and other life measures.[5] However, recent work calls into question whether self-control, as opposed to strategic reasoning, determines children's behavior. The purpose of the original study was to understand when the control of deferred gratification, the ability to wait to obtain something that one wants, develops in children. The original experiment took place at the Bing Nursery School located at Stanford University, using children age four to six as subjects. The children were led into a room, empty of distractions, where a treat of their choice (Oreo cookie, marshmallow, or pretzel stick) was placed on a table, by a chair.[1] The children could eat the marshmallow, the researchers said, but if they waited for fifteen minutes without giving in to the temptation, they would be rewarded with a second marshmallow.[1] Mischel observed as some would "cover their eyes with their hands or turn around so that they can't see the tray, others start kicking the desk, or tug on...
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...|Grade Level: 4th & 5th Grades | |Topic: Behaviors that disrupt communication | |Essential Question: | |How do our personal behaviors affect the climate/atmosphere of the classroom? | |Activating Strategy/Introductory Activity/HOOK: | |Select 2 – 3 students to sit in chairs facing one another. Instruct the students to count how many times they can hit a balloon | |back and forth w/out it touching the floor and w/out getting out of their seats. Afterwards, discuss whether or not they wanted | |to “slam” the balloon at the other person. If so what they did about that impulse? How did they stop themselves? | |Teaching plan: | |Write IMPULSE on board and define – a feeling or urge to have to do or say s/thing | |Ask: | |Have you ever been told that you were...
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...John Palfrey, a former executive director of Harvard's Berkman Center for Internet & Society once stated, “Television did not transform education. Neither will the internet. But it will be another tool for teachers to use in their effort to reach students in the classroom. It will also be a means by which students learn outside the classroom” (pg. # if available – if not just put the period inside the quotations and delete all of this). Social media is so popularized today that it is finding its way into the classroom. It is available 24/7 on a variety of different devices and has the potential to aid in academic success, but it also holds a lot of setbacks (Alwagait, Shahzad, and Alim 1092). When there is a lack of balance between social media and real life, many problems can arise. Some of the problems include lack of time management, poor academic standing, and lack of self-control. In many instances one or more of these problems overlap. * Make the font type the same throughout paper- may just be showing up different on my computer for some reason Time management is paramount to a successful college experience; therefore, poor time management can in turn affect academic performance. Factors that account for poor time management are known as time traps. Today, one of the biggest time traps is technology (Bal Bal- is this person’s last name Bal Bal or should it be Bal and Bal? 134). In the 21st century, social media and the use of technology have skyrocketed in popularity...
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...Thesis Statement and Outline Online Shopping vs. Brick and Mortar Shopping Both forms of shopping have one goal in mind. That goal is to get the item that you desire. Many of the stores that you visit on a daily basis can come to you online. I. You can shop in the comfort of your own home. A. You do not have to worry about getting ready to go shopping. 1. You can shop in your pajamas if you prefer. 2. You can shop when it is convenient for you. B. You do not have to fight crowds in the mall or store. 1. There is no traffic to worry about getting to the stores. 2. During the holiday season, you do not have to worry about many people crowding you. II. You can see what you are buying. A. Depending on what you buy, you can feel the item and actually see the item. 1. You can feel the texture or weight of an item. 2. You can see if the item is big or overweight. B. There is no wondering if you are getting the item that you ordered. 1. You can be positive that you are getting the correct item. 2. You can see the exact shade or style of what you are buying in person. III. Instant gratification A. There is no waiting to receive your item. 1. You are able to take your purchase home that same day. 2. Site to store is an option with many stores and it is possible to pick it up that day. B. Being able to choose...
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...Grit Test Questions: 1. New ideas and projects sometimes distract me from previous ones. • Not like me at all. 2. Setbacks don’t discourage me. • Not much like me. 3. I have been obsessed with a certain idea or project for a short time but later lost interest. • Not like me at all. 4. I am a hard worker. • Very much like me. 5. I often set a goal but later choose to pursue a different one. • Not like me at all. 6. I have difficulty maintaining my focus on projects that take more than a few months to complete. • Not much like me. 7. I finish whatever I begin. • Very much like me. 8. I am diligent. • Very much like me. 9. Gender • Male 10. Year of Birth • 1989 11. Do you currently live in the United States? • Yes 12. Ethnicity • Caucasian/White 13. Highest Level of Education • Associates Degree Result: 4.88 Out of 5 90% Grittier than people of your age. Ways to Improve My Grit I noticed throughout the test I had one question in particular that I had answered less than exceptional on. “It being difficult to maintain focus on projects that take more than a few months to complete.” I believe some of this is due to the fact that I am a patient person, but eventually my patience runs thin. This causes me to get\ discouraged and more willing to give up. Although, I have noticed throughout the years, as I get older, that my patience and my discouragement become less and less. I can...
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...Okay, let’s dive in! Let’s talk about patent infringement. Because the absolute best way to understand a patent…your rights with a patent…your competitors’ rights with a patent…the strength of a patent. The best way to understand a patent is to understand how a patent is infringed. So, we know the power of the patent is in the claims. This is where the inventor defines his or her patent rights; his or her ENFORCEMENT rights. So, let’s try to infringe some claims. We’ll use a simple example. Let’s imagine we can get a patent on anything. Let’s get a patent on a basic chair. Imagine a world without chairs…pretty scary…all we can do is sit on rocks. Not comfortable. Hard to move around. So, we invent the first chair. And we know we’re on to something. Everyone will want to buy this. So, we go to a patent lawyer and get a patent. Here is the claim. (Visually display the elements) • An apparatus for sitting comprised of • a seat, • a back, and • four legs. All of these elements make up one independent claim. And this would be a great claim. It would come at the end of a patent document which could be a few or even dozens of pages of text and drawings describing how to make it and how to use it. (Patent visual running through page after page of drawings then text…then narrow in on a claim). What can we do with this patent… with this claim? Well, first, in our scenario, let’s pick a country. We need to do that because each patent is only...
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...Reflection Journal #5 (Chapter 10; pg. 251) Directions: Answer the prompt provided and answer an additional question from the guided journal questions in Chapter Ten on page 251 (please write the number of the question you chose). (5 Points) Prompt: #1. Analyze your self-discipline for college by answering the following: How difficult or easy is it for you to delay gratification (wait for a reward)? Accept responsibility? Balance between immediate and delayed gratification? Explain thoroughly and use examples for each question. I think it is not easy for me to delay gratification because I feel everything is like a mess. For example, I will travel to Paris tomorrow. I think if I prepare my luggage one or two day before the flight’s day, it is sooner. Thus, I decide to prepare them in the morning before my flight. However, when I arrive at airport, I forget something such as my wallet or my passport because I don’t have enough time to check again. Maybe, I put somewhere in my handbag or my baggage and I can’t remember. We have to accept responsibility when we delay gratification. We can’t blame for time or someone else. For instance, when I have exam next day, I don’t review lessons. I think it won’t be waste lots of time before the exam. Therefore, I will review them quickly before taking exam. To balance between immediate and delayed gratification, I think we know how to manage time. Which date and time should be priority? We will do it immediately. For example...
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...Words to Live by; "My power lies in balance. I strive for equality and choose not to indulge in instant gratification at the expense of my purpose. I am responsible for my own decisions and take on only what I can handle based upon that which I value. I am empowered by choice and my asset is negotiation". Unfortunately, easier said than done. The power of peers always amazes me. I can have an absolute purpose in mind, and get me around several peers out for no good, and I become one of the pack. Becoming one of a pack can never have a good ending. It was going to be a boring Friday night. Just the thought of sitting at home watching some old rerun with my mom rubbed me the wrong way. But earlier, I had an invite from Jennifer to a birthday sleepover. At 17, I'm past the age for sleepovers but weighing my options, a sleepover didn't sound so immature. I found myself getting an address and saying I'll see you around 8. At home I get on Facebook to see who all is going to be there. The more I read, the more I know I shouldn't be attending this gathering. It has become more than a sleepover. The location has been moved to the house of some older boys who have graduated and are renting out a house referred to as the "party house". I know there will be no supervision, but this just makes it more interesting. I tell my mom, of course, it is still a sleepover for one of my friends birthday. I get her to drop me off before she has to go pick up my sister at...
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...ET Section 100 - Independence, Integrity, and Objectivity 100-1 Conceptual Framework for AICPA Independence Standards Sec.101 – Independence When performing attest engagement- Consult with the various organization that issues or enforces standards of independence. Ind. requirements or rulings might differ from those of the AICPA. Independence is impaired when: 1. A cover member had or was committed to acquire any direct or material indirect financial interest. 2. Was a trustee or executor or adm. of a estate committed to acquire any direct or material indirect financial interest in the client and the member can: Make investment decisions The trust or estate owned or will acquired > 10% of outstanding equity securities or ownership interest. The value of the trust or estate's holding in the client >10% of the total asset or estate. Had a joint closely held investment (material ) Had a loan with an individual owning > 10 % of the client's outstanding equity securities or ownership interests. A partner or professional employee of the firm, his immediate family, or any group of such persons acting together owned >5 % of a client's outstanding equity securities or other ownership interests. During the period covered by the financial statements or during the period of the professional engagement, a firm, or partner or professional employee of the firm was simultaneously associated with the client as a(n) 1. Director, officer, or employee, or in any capacity equivalent...
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...Self-Regulation and Willpower Instructions: Use this worksheet to reflect on self-regulation and willpower. Items with a blue asterisk require completion (*). 1. Summarize the main ideas from the video and article in one paragraph each. A. Video – “The Science of Willpower: An Interview with Kelly McGonagall”* The video for Week 2 Assignment is all about willpower and how it works. Having inner experiences and impulses and still directing the energy and attention to the things that matter the most to you. You have to know what you really want and not let the universe impose on you. You need to take action to have the ability to say yes to yourself. Willpower is like having three (3) powers I (will), I (wont), and I (want). I use me (will) and I (want) power the most and resist most of the temptations. I have self-compassion; I take small steps for small actions and get a bigger change. Sometimes we have to force ourselves to do things that we really don’t want to do but need to do. B. Article – “Academic Delay of Gratification, Motivation, and Self-regulated Learning Strategies”* 2. Using your own words define willpower and explain what it means to you.* What Willpower means to me is when you hold yourself back from doing something you may regret in the future. Having willpower is the ability to recognize when you’re about to do something that is inconsistent with your culture, values, and literally put on the I won’t brakes on and say I will. An example of...
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