...taken upon birth is a privilege of an enduring life. We are given the right to live as a human to the best way possible. No individual has a concession of taking a life away at their own pleasure. Despite of ones actions, under the modern practice in America one is innocent until proven guilty and to a public trial in defense under the presumption law. A fair trial consists of crucial evidence and to be proven beyond the unreasonable doubt of why an individual would be indicted. The presumption of innocence is essential in a fair trial given to an individual. Osama Bin Laden was a faulty evil leader who has only influenced and articulated individuals to wrong doing to others. Whether Osama was a murder, a corrupted politician, or a leader to those who followed him he deserved a fair trial once captured. Osama bin Laden was the mastermind and claimed responsibility of the thousands of lives lost throughout decades from various countries around the world. America lost over two thousands lives and mentally and emotionally ruined many others due to Osama’s leadership. When Osama was captured on May 1st of 2011, he was shot to death in Pakistan. His body was later given a sea burial. By him being shot to death the rights to live and the right to a fair trial was taken from him by his predators. If Osama was not equipped with a harmful weapon of any kind he should have been saved and tried for a fair trial under the international court. If Osama was equipped with a harming device...
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...The American Dream is the ability to access basic human freedoms like justice and free speech. I wouldn’t go as far as saying meritocracy exists as I see in reality that is not the way it works. For the most part, I think the stereotypical definition of the American Dream is an idea people cling to like the last ember on the fire after you have run out of wood to heat the house in the winter. You need it to go on. It helps validate that those crappy jobs you worked for 15 years meant something other than getting screamed at by your boss. It helps us believe that we can have material possessions and higher social status than those before us. I define it as the ability to access basic human freedoms. In America, we have The Constitution of Amendments,...
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...the right to an impartial jury, our United States Constitution guarantees it. Without this right someone could go to jail or be convicted of a crime they did not commit for the simple fact that the judge has all the power in their hands. Race, gender and religious beliefs could cloud their judgement. An impartial jury gives you the right to a fair trial. When the king deprived us from our natural rights, the Declaration of Independence recognized the importance of the right. In all criminal prosecutions, the accused shall enjoy a trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. Some words that may need to be defined are impartial; a jury that is not bias and will give a fair verdict based on fact and ascertained means to find out for certain. Criminal prosecution is the conduct of legal proceedings against a defendant for criminal behavior. The right to an impartial jury is important to our freedoms because it allows the trial to go on with unbiased opinions about the particular situation. An impartial jury should not be related to the victim nor the accused. They should have no background knowledge and put their personal opinions aside, that is what makes it fair....
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...different people who have different opinions on certain things. The subject regarding the fairness of jury’s is a very debatable topic. In the book, “The Twelve Angry Men”, the details of the book shows how jurors are just, by having a set rule to have a true unanimous vote. However, some people may think that jury’s are unfair due to different juror’s being biased. Despite the facts that some jurors may be biased, jury’s have a positive impact because of the personal opinion of someone. In America’s jury system there are many opportunities and factors...
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...Essay Subject: Right to fair trial vs. right of public to witness court proceedings & know what govt. is doing.... More... 7 Pages / 1575 Words 5 sources, 11 Citations, MLA Format $28.00 More Papers on This Topic Paper Abstract: Right to fair trial vs. right of public to witness court proceedings & know what govt. is doing. Paper Introduction: SHOULD CAMERAS BE ALLOWED IN THE COURTROOM? Introduction and Problem Statement Although the title of this research is broad, cameras, in the context of this paper, refers to television cameras. Courts in different jurisdictions in the United States impose differing restrictions on media coverage within courtrooms. Some jurisdictions do not allow cameras of any kind, requiring even the print media to employ artist sketches for any visual reporting of courtroom proceedings. Others permit the use of still cameras under controlled conditions. Few jurisdictions permit the unrestricted use of television cameras in courtrooms. Most jurisdictions that do permit television cameras in the courtroom do not permit continuous live coverage of the proceedings. Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get...
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...I. The Right to a Trial by Jury: The Threat of Extinction, Limited Availability & Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works...
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...Rights of Accused Maurice Paul Professor: Dr. Jane El-Yacoubi. Course: POL 110 April 29, 2012 The rights of the accused gave individual’s person the security of which papers, houses and other effects against any unreasonable searches and seizures. Which shall not be violated, as a result, no warrants will issue upon a probable causes; No individual cannot be held for a crime and or otherwise infamous crime unless that individual’s is indicted by a grand jury. Also a person cannot or subjected to the same offence twice (meaning double jeopardy). Therefore, an individual cannot be retrial after a conviction, acquittal, mistrials and multiple punishments through the state of government. Hence, a person cannot be a witness against himself/herself and cannot be deprive of life, liberty or prosperity without due process of the law which, is written in the Constitution. Also in all criminal prosecution, the person accused has the right to a speedy and public trial by a jury. The accused must be informed of the accusation and can be confronted with any witness against him/herself in the court of law. The accused can provide any witness in his/her favor and have the rights to assistance of counsel by the court if necessary in his/her defensed. These rights were written in the fourth, fifth, six and fourteen amendment to protect each individual’s even if you are not a citizen of the United State of America. Our Constitution states one law in the fifth and fourteen amendments;...
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...Bias in Our Court System….is it fair or unfair justice??? America was built on the premise of everyone having equal rights. After years of British tyranny our forefathers felt they wanted a system where they will not be improperly punished without facts. In fact the framers of the Constitution felt they needed a system where everyone gets a fair shot. In America everyone who is accused of a crime is supposed to have a fair trial and is assumed innocent until proven guilty. Sadly, however, some would argue America’s criminal justice system has become more twisted and unfair than ever and that the rule of law has basically been vanquished in America’s criminal justice system. Outcomes of cases are generally decided now by the prosecutors and more plea bargaining is the norm over trial by jury. Yet so many people in our society today feels that people in the system gets equal opportunities. Although some people end up with different sentences and punishments people say that the American court system is a fair system. America has slowly turned into a system where justice and fairness is overruled by money and power. In the media today many people are committing crimes and walking away with a slap on the wrist. Many social media and news shows the bias in court systems through their broadcasts of issues. The American justice system is biased in their convictions and sentencing through racial disproportion, social structure, and economic standing. Our criminal justice...
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...Even if you only thought about it for a little while, it still counts as first degree. You carry a pretty high penalty for committing this crime, which is life imprisonment. For example, if someone did you wrong, and you were really mad about it (to the point of murder) and you planned out what you were going to do to kill them, that is first degree. Second degree murder is when someone does not plan to kill a specific person but does have the intention of killing. For example, if you were robbing a bank and you killed an innocent bystander, that is malice aforethought and that is considered second degree murder. The punishment for this is a long term (20 years) or lifetime sentence in prison because it is not as severe as first degree. (????) Involuntary manslaughter is pretty similar to second degree murder, but there was no previous intention to kill someone. It is basically when someone is doing something dangerous that could harm them themselves, and do not have any intention of harming others, but in the end they do end up hurting another person. This is called criminal negligence. Jurors actually have a lot of things that they have to do in court. First, they have to take an oath having them agree to having no bias in their...
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...say, we have come a long way from the days of slavery, but in 2014, discrimination and inequality still saturate our society in modern ways. Though racism may be less blatant now in many cases, its existence is undeniable” While Sharpton claims we have come a long way in regard to prejudice of blacks, in the 1930s many blacks and whites who opposed the segregation of blacks felt the hatred produced by white southerners. In the novel, To Kill a Mockingbird, by Harper Lee, it is obvious that there are many issues in the small town of Maycomb, Alabama. In a time where segregation was more common than ever, many southerners began to form bias opinions towards African Americans. This unjust judgment of different...
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...Professor: Brian Wright CMST 301 7985 The Digital Millennium of Decryption Rights Outline * Introduction * Decryption Case Intro * Digital Millennium Copyright Act * United States copyright laws replaced by DCMA * DeCSS Tool * Tool Properties * Research/Findings/Context * Motion Picture Association of America * Trafficking of digital media and the right associated * DeCSS * Creation * Intended use of DeCSS * How DVD encryption functions legally * Region Coding * DeCSS court cases * California trade secret laws * New York court case * Eric Corley * Corley’s intentions * Outcome of his legal allegations * David Touretzky * First Amendment relations * Position on source code links * Copyright Act * Fair Use * Outcome of fair use case * Judge Kaplan * Issues with Kaplan’s decision on fair use * Kaplan’s decision for First Amendment rights when using source code * Professor Touretzky response * Final outcome of court case * Conclusion * Kaplan’s Final Decision * Defendant Deposition * Plaintiff’s View of Trial * Defendants View of Trial * Overall Outcome Introduction This research essay discusses the ongoing turmoil between the DeCSS who produced a source code as well...
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...the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. Ernesto Miranda was the plaintiff and the state of Arizona was the defendant. Ernesto Miranda was convicted of the March 1963 kidnapping and rape of an eighteen-year-old girl in Phoenix, Arizona. After the crime the police picked up Miranda because he fit the description of the girl’s attacker. The officers took him into an interrogation room and told him that he had been identified by the victim, although that was false. After the police questioned Miranda for two hours, he confessed. At the trial, the defense counsel tricked one of the detectives into admitting that Miranda was never given the opportunity to seek advice from an attorney before his interrogation. Miranda was convicted and sentenced to 40-60 years in prison. When he tried to appeal, the U.S. Supreme Court set aside his conviction. Then Chief Justice Warren wrote: “Prior to and questioning, the person must be warned that he has the right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed…” Miranda was retried, only this time without his confession being introduced into evidence at the trial, he was convicted again. Even though his original confession couldn’t be used, one of his old girlfriends told court that he told...
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...punishment in America started when spies were caught, put on trial and hung. In the past and still today people argue that, the death penalty is cruel, unusual punishment and should be illegal. Yet many people argue that it is in fact justifiable and it is not cruel and unusual. Capital punishment is not cruel and unusual; the death penalty is fair and there is evidence that the death penalty deters crime. A big part of abolitionist’s argument is that the death penalty is not humane. They pull in Amendment 8, “…nor cruel and unusual punishments inflicted.” What the victim went though was indeed “cruel and unusual punishments’.” The murderers’ death is not cruel. The people will demand justice for what he or she has done (Bidinotto 19). Hanging and the electric chair are topics more reasonable to argue, but now because of lethal injection capital punishment has become more humane. The death penalty is not barbaric, the pain and agony that the victim went through is barbaric. Abolitionists were very upset in 1996 when rapist and murderer John Albert Taylor was executed by firing squad; they said his death was barbaric (Feder 32). Charla King, the poor 11-year-old girl he raped and strangled with a telephone cord, her death was barbaric! It makes no sense to think that John Taylor’s’ death was barbaric or inhumane. He would not even hear the bullets shoot out; his victim went through more pain than what any court system could have inflicted on him (Feder 32). In the past people have challenged...
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...The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an imperfect process to deliver justice. Throughout the years there’s been controversy and debate between the rights of state and federal courts. However, as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and the Judiciary Act of 1789. Weaknesses of the Articles of Confederation in the past was thought to be the absence of a national supreme court to enforce federal law and resolve conflicts and issues between different states. The major issue during the Convention in Philadelphia in 1787 was that there be a separate court system for federal and state. This divided the people into two groups, the Federalists and the Anti-Federalists. The Anti-Federalists were advocates of state’s rights and feared a strong national government that would result in the weakening of individual liberties. The Federalists on the other hand distrusted the states and favored a strong national government. This conflict between the two groups was later resolved at the...
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...between the two groups of boys. The black boys won the fight and threw the others off of the train, but were met by police at the next stop who were told by two white women that they had been raped. Those boys were found guilty and had a retrial several times, they even went to the Supreme Court twice just to become free. Only one of the boys was never found not guilty and that was Haywood Patterson, so he ended up escaping prison to finally become free from the grasps of Alabama. The PBS short film on the Scottsboro Boys had displayed the impact of the Scottsboro Boys on African American history. To begin with, the Scottsboro Trials had a great deal of impact on the way the legal system was ran in the United States of America. Black defendants were allowed the right to have a fair case, and to make this happen they would have half of the jury be black. That right had to be passed on because of the fact that there were way...
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