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cross-examination on the accuracy of adult eyewitness testimony" by Tim Valentine and Katie Maras
"The effects of mood on the accuracy of eyewitness memory: affective influences on susceptibility to misinformation" by Joseph P. Forgas, Simon M. Laham and Patrick T. Vargas
The current assignment looks at two separate articles, written by different authors and six years apart, each dealing with the quality and reliability of eyewitness testimonies. The first article assesses this topic from the standpoint of cross-examination, whereas the second, based on the mood of the witness. The table below summarizes the viewpoints of the two articles.
Forgas, Laham and Vargas (2005)
Valentine and Maras (2011)
Purpose of study
Investigate the impact of mood changes on the accuracy of eye witness memories
Investigate the impact of cross-examination upon the quality of eyewitness testimonies
Eyewitnesses who are in a positive mood tend to offer inaccurate testimonies, whereas eyewitnesses in…
Forgas, J.P., Laham, S.M., & Vargas, P.T. (2005). Mood effects on eyewitness memory: Affective influences on susceptibility to misinformation. Journal of Experimental Social Psychology, 41(6), 574-588. doi:http://dx.doi.org.cat1.lib.trentu.ca:8080/10.1016/j.jesp.2004.11.005
Valentine, T., Maras, K., (2011). The effect of cross-examination on the accuracy of adult eyewitness testimony. Applied Cognitive Psychology. Vol. 25, pp.554-561
A cross-examination of AUMF
Terrorism acts of September 11; this was a dark day in American history. Such acts necessitate the need to initiate appropriate self-defense measures against the proponents of such heinousness. The state shall therefore do anything through the powers bestowed upon the president to deter any attempt to mete such acts against American citizens. Public law as stipulated in act 107 section 40 points to the authorization of the use of force to counter such acts. There was a consensus, therefore that the president is bestowed with powers to authorize the United States forces to use force even outside the borders of the United States to make sure that such forces of terrorism are defeated. Proponents including individuals, organizations and even countries shall be pursued and suppressed to prevent them from committing terrorist acts against United States citizens.
There was no limit to…
Bradshaw, J. (2014). The Hill - covering Congress, Politics, Political Campaigns and Capitol Hill. We need a new AUMF -- The Hill. Retrieved June 17, 2016, from http://thehill.com/blogs/congress-blog/foreign-policy/219922-we-need-a-new-aumf
Groves. (n.d.). Conservative Policy Research and Analysis. Drone Strikes: The Legality of U.S. Targeting Terrorists Abroad. Retrieved June 17, 2016, from http://www.heritage.org/research/reports/2013/04/drone-strikes-the-legality-of-us-targeting-terrorists-abroad
(2001). U.S. Government Publishing Office. Public Law 107-40. Retrieved June 17, 2016, from http://www.gpo.gov/fdsys/pkg/PLAW-107publ40/pdf/PLAW-107publ40.pdf
esearch also helps in planning marketing programs through helping to identify new opportunities and thus to evaluate the potential for a new idea and also to identify the areas where the marketing efforts will be concentrated KnowThis LLC, 2012()
esearch also helps to minimize risks. By the marketing managers being able to plan the marketing efforts effectively and they can then identify what is required and to ensure that the development of the programs is highly focused towards the demand in the market. Market research also helps to create benchmarks and to measure progress. Early research helps to highlight any major gaps in the marketing plan which need to be bridged and regular market research helps to show if there are any improvements in sales being brought about by the marketing efforts.
Segmentation and the marketing mix
Segmentation helps greatly in customer retention and acquisition of new clientele. This is…
Cherian, M., Flores, M., & Srinivasan, G. (2008). Critical Success Factors to Collaborate in Cross Border Alliances: Experiences of Indian Manufacturing Enterprises. Paper presented at the SMF conference, Indian Institute of Technology Kanpur.
Horn, L.P. (2011). Online Marketing Strategies for Reaching Today's Teens. [Article]. Young Adult Library Services, 9(2), 24-27.
KnowThis LLC. (2012). Marketing Research Retrieved May 20th, 2012, from http://www.knowthis.com/principles-of-marketing-tutorials/marketing-research/examples-of-research-in-marketing/
Kotler, P., & Keller, K.L. (2012). Marketing Management, Thirteenth Edition. New York, NY: Prentice Hall.
Cross-National Management: Questions
Although the Chinese company Nice Group and the American company it is entering into a partnership with may not face linguistic barriers, they are likely to face considerable cultural barriers that could impede their mutual understanding. The first likely communications obstacle is one of managerial styles. America is a highly individualistic culture, and tends to prefer managers who adopt an empowering or 'coaching' style, meaning that they either give employees considerable autonomy and/or provide support and guidance to employees. This is true particularly regarding complex tasks that require professional expertise. Employees are regarded as valuable human assets who can make a meaningful contribution to the company. In contrast, within high-context cultures such as China, there is a tendency to prefer a far more directive style of management, and to view employees' individual needs as less important than serving the collective (Motivation, n.d, Handout).
Another issue is one…
Dimensions of culture: Ways to understand others. (2012). PowerPoint.
Motivation (or what do we look for in a job?). (n.d). Handout.
Shea, Catherine. (1994). Case study: Moscow Aerostar. The Richard Ivey School of Business.
herefore, the standpoint of social embeddedness is a tool that offers to provide a clear picture if one wants to comprehend the contribution of the relational factors in the success of outsourced IS projects (Rai, Maruping and Venkatesh, 2009).
If one is to increase his/her comprehension and develop an insight about how to monitor and control outsourced IS projects, Johns' (2006 as cited in Rai, Maruping and Venkatesh, 2009) suggestions come in useful. He recommended that the theory be contextualized by assessing the effect of characteristics of social framework in the setting of outsourced IS projects. It should be assessed how the adopted cultural features of the project affect its success and performance.
Later, the social embeddedness standpoint needs to be contextualized to the setting of the outsourcing of IS projects and a cultural variation framework should be applied to assess mutual principles and standards for those projects that are…
Trent, R.J. And R.M. Monczka (2003). "International purchasing and global sourcing -- what are the differences?" Journal of Supply Chain Management 39(4): 26-37. Taken from: Mittal, R. (2010). CULTURAL CONGRUENCE in CROSS-BORDER ALLIANCES: A MULTI-LEVEL PERSPECTIVE. INTERNATIONAL JOURNAL of Business RESEARCH, Volume 10, Number 3.
Uzzi, B. 1997. "Social Structure and Competition in Interfirm Networks: The Paradox of Embeddedness," Administrative Science Quarterly (42), pp. 35-67. Taken from: Rai, a., Maruping, L.M. And Venkatesh, V. (2009). OFFSHORE INFORMATION SYSTEMS PROJECT SUCCESS: THE ROLE of SOCIAL EMBEDDEDNESS and CULTURALCHARACTERISTICS. MIS Quarterly Vol. 33 No. 3, pp. 617-641.
Werner, S. (2002). "Recent Developments in International Management Research: A Review of 20 Top Management Journals." Journal of Management 28(3): 277-305. Taken from: Mittal, R. (2010). CULTURAL CONGRUENCE in CROSS-BORDER ALLIANCES: A MULTI-LEVEL PERSPECTIVE. INTERNATIONAL JOURNAL of Business RESEARCH, Volume 10, Number 3.
Over the course of time, this will lead to a dramatic rise in the number of cases that are being reported, based upon the kinds of foods that are being consumed by this demographic. (Dilip, 2001, pp. 81 -- 87) As a result, different cultural factors are having an impact on this problem. While at the same time, many individuals will feel pressure to consume this cuisine. Part of the reason for this, is because it is expected that they eat this to embrace their culture. If they do not, they risk the possibility of being seen as some kind outcast. (Cousins, 1992, pp. 549 -- 555)
To change what is happening, we need to leverage the relationship / expectations towards: shifting the way these foods are prepared and the frequency that they are consumed. As, we want to encourage people to begin cooking in vegetable / olive oil and…
Cousins, J. (1992). Family vs. Individual Orientated Intervention. Public Health Reports. 107 (5), 549 -555.
Dilip, K. (2001). Community Wide Coronary Artery Disease. The American Journal of Medicine. 110 (2), 81 -- 87.
Cross Cultural Leadership
Cultural Differences in Leadership
Cultural differences determine certain leadership traits and portions of our personality. It is easy to discredit the importance of cross-cultural differences and their influences on various leadership styles. Different cultures are known for certain traits. For instance, the Australian culture is known for it egalitarianism. Chinese culture is known as an authority oriented culture (Sharpe, 2007). These differences in culture result in the development of different leadership styles and traits. The following will explore the issue of cultural differences and will support the thesis that leaders from authoritarian countries have a greater power distance from their employees than do those in egalitarian cultures.
Sharpe (2007) found that the Australian culture and the Chinese culture dictated certain traits in regards to desirable leadership traits. Both the Australian and Chinese participants felt that these leadership traits were more important on the lower levels than on…
DeGrosky, M. (2011). Lost in Translation. Wildfire. Retrieved March 4,.2011 from http://wildfiremag.com/command/cultural-context-leadership-200907/
Deng, L. & Gibson, P. (2008). A Qualitative Evaluation on the Role of Cultural Intelligence in Cross-Cultural Leadership Effectiveness. The International Journal of Leadership Studies. 3 (2): 181-197.
Hofstede, G. (2001). Culture's consequences: Comparing values, behaviors, institutions, and organizations across nations (2nd ed.). Thousand Oaks, CA: Sage
Lewis, R. (2006). Cultural Differences in a Shrinking World: Leadership Implications. Personnel Decisions. January 2006. Retrieved March 4, 2011 from http://www.hreonline.com/pdfs/PDIPaper.pdf
Vietnam and China: Acculturation's Apparitions And Certain Realities Behind Them"
The Vietnamese people have a lengthy history that dates back at least two millennia. The ancestors of modern Vietnamese people lived in the Red River delta of northern Vietnam and were subsequently conquered by the Chinese, becoming part of the early Chinese empire. By the first century CE, Vietnam succeeded in becoming a suzerainty of the Chinese empire and it remained in this capacity for the next 900 years. During these ten centuries, the Vietnamese people were heavily influenced by several aspects of Chinese culture and society, including its political theories, academic standards, administrative practices for government operation and religious orientations. As a result, Vietnam became sinicized long before other regions in Southeast Asia that are now a part of China.
It is important to note, though, that this dependency on China also served to create a sense of national…
Noah Cross from Roman Polanski's "Chinatown" provides the audience with a layer of complexity unseen in other films. On the surface, Noah Cross seems to the unaware soul as a jovial, pleasant man. When one hears him speak he appears untroubled and comfortable in his own skin. His facial expressions also give a hint of self-assurance and openness as he remains friendly-seeming no matter what words come out of his mouth. Along with his perceivable ease with words, he has a faintly chauvinistic charm with a smile always at the ready, managing to avoid displaying even the slightest trace of cruelty or psychosis.
As the film progresses, however, this appealing and harmless exterior reduces, shrinks into the mask that it provided him. Eventually he displays the inner, sociopathic nature the audience realizes he was hiding, making him all the more frightening. He does not care for others. He does not…
Blue Cross Blue Shield of Missouri Marketing
Blue Cross Blue Shield of Missouri is an insurance company that serves the state of Missouri. The company serves residents in approximately 75% of the state's area, with services concentrate in the southeastern portion (Blue Cross Blue Shield of Missouri). RightCHOICE Managed Care Inc. (RIT) operates as Blue Cross Blue Shield of Missouri in Missouri, and is a licensee of the Blue Cross and Blue Shield Association. Blue Cross Blue Shield of Missouri has over 1.1 million medical members and acts as an operating subsidiary of ellPoint Health Networks Inc. (Kansas City InfoZine). ellPoint Health Networks Inc. is the second-largest publicly traded health care company in the United States (Kansas City InfoZine), and serves close to 45 million members (Hoovers Online).
In the past, the marketing of Blue Cross Blue Shield of Missouri has faced severe criticism. A Market Conduct Examination Report by…
Blue Cross Blue Shield of Missouri. 26 July 2004. http://www.bcbsmo.com/home.asp
Health Care Financing Administration, Kansas City Regional Office. Market Conduct Examination Report: Blue Cross and Blue Shield. 26 July 2004. http://www.cms.hhs.gov/hipaa/hipaa1/content/bcbsmrpt.pdf
Hoovers Online. WellPoint Health Networks Inc.
27 July 2004. http://www.hoovers.com/wellpoint-health-networks-inc./--ID__10572 -- /free-co-factsheet.xhtml
Management STYLE IN THE United States
Cultural Values and Business
Theory X vs. Theory Y
Management the High Tech Way
Management STYLE IN THE DOMINICAN EPUBLIC
CULTUAL VALUES AND Business
ole of Entrepreneurship
In the United States, management values, beliefs and attitudes have undergone a gradual shift away from the simplistic stance of planning, organizing and directing. Valuable managerial skills, no matter what culture is being considered, have traditionally been masculine skills, highlighting the dominant, assertive, and decisive elements of management behavior and downplaying the team and supportive aspects that are more readily identified with women. This traditional view is now giving way in the United States to an approach where team behaviour is seen as increasingly important to a truly successful management style.
The global leadership skills of the future will evolve from a combination of individual/group and masculine/feminine traits involving strategic thinking and communication skills. The final result…
Arnold, D.J. & Quelch, J.A. (1998). "New strategies in emerging markets." Sloan Management Review, 40, 7-20.
Bakhtari, H. (1995). "Cultural Effects on Management Style: A Comparative Study of American and Middle Eastern Management Styles." International Studies of Management & Organization, 25(3), 97+.
Barham, K., Fraser, J. & Heath, L. (1988). Management for the future. Foundation for Management Education/Ashridge Management College.
Bennis, W., Heil, G. & Stephens, D. (2000). Douglas McGregor, revisited: Managing the human side of enterprise. New York: John Wiley.
cross-cultural values and mores to identify the author's interactions with gay, lesbian, and transgendered individuals, Latinas and individuals with disabilities. Further, this paper integrates the case study analyses provided in "Case Studies in Multicultural Counseling and Therapy" and relevant Social Justice Counseling issues to support the discussions. In addition, for each of these three cultures, a discussion concerning what factors should be kept in mind during interfaces with each so that all parties are honored to facilitate work with them as a therapist, colleague, social acquaintance, partner, and neighbor. Finally, an analysis concerning what was especially easy and fun and what was challenging to understand about these cultures given the author's unique worldview is followed by a summary of the research and important findings about these three cultures and cross-cultural values and mores in the conclusion.
eview and Analysis
Gay, Lesbian, and Transgendered Individuals
With growing numbers of states legalizing…
Beam, C. (2014). Is Hispanic the same thing as Latina? Slate. Retrieved from http://www.
Beecher, M.E. & Rabe, R.A. (2007, Spring). Practical guidelines for counseling students with disabilities. Journal of College Counseling, 7(1), 83-87.
Bess, J.A. & Stabb, S.D. (2009, July). The experiences of transgendered persons in psychotherapy: Voices and recommendations. Journal of Mental Health Counseling,
close and careful examination of four unique handwriting specimens, suspect K3 has been identified as a potential match for the original note left at the bank. There are a few notable differences between the actual piece of evidence and K3's sample, mainly the difference in the capital letter "I," which is not written in cursive script in the teller's note and is rendered differently in the sample. However, handwriting does change over time or due to the person's emotional or psychological state (Lecture Notes). In almost every other respect, K3's sample matches the teller note.
Individual letter formations are all but identical, with some unusual flourishes making the suspect's writing stand out. For example, in the one-letter word "a," the suspect uses an unusual upward stroke as a starting point to writing the letter. None of the other suspects have this particular quirk in their handwriting. A similar flourish can…
"A Simplified Guide to Forensic Document Examination," (n.d.). Retrieved online: http://www.crime-scene-investigator.net/SimplifiedGuideQuestionedDocuments.pdf
Lecture Notes: Physical Sciences Chapter 19
suck-egg mule!": An Examination of Southern Euphemisms
Euphemisms lend languages a colorful and meaningful quality that is not easily achievable otherwise, and all languages share this common linguistic feature to some extent. Although euphemisms provide a useful linguistic shortcut and add flavor to conservations and writing, they are one of the more challenging aspects of learning another language because of their esoteric qualities and subtleties of meaning that defy ready analysis by outsiders. In the case of the American South, the euphemisms that have emerged over the years may likewise appear to be almost from another country to Americans living in California, say, or New York because of these same esoteric qualities. In order to avoid being labeled a "dirty ol' suck-egg mule" in this regard and as discussed further below, this paper provides a review of the relevant literature to identify traditional and modern euphemisms used in the American…
Anders, S. (2006, January 24). Smith Anders. Baton Rouge Advocate, 1.
Black's law dictionary. (1999). St. Paul, MN: West Publishing Co.
Censer, J.T. (2010). Mary Bayard Clarke's Plain-folk humor: Writing women into the literature and politics of reconstruction. Journal of Southern History, 76(2), 241-242.
Crabtree, S. (1996, May 13). Will third parties be the charm in 1996? Insight on the News,
Assets in the investment portfolio were overvalued. Financial transactions were structured to report smaller amounts of debt and create the appearance of greater cash flow. Financial results were represented in a false and misleading manner.
Forensic accountants also played an important role in the Enron case by doing audits and investigating accounting practices to gather evidence of how the fraud was performed. They played vital roles in the court room in presenting the evidence against cross examination and scrutiny. The forensic accountants were highly valued for their objectivity in the way evidence was presented.
Accounting, auditing, investigation, business, and understanding human behavior enabled forensic accountants to gather evidence for prosecution of fraud in court cases involving fraudulent accounting practices. These are vital skills forensic accountants are required to maintain. Forensic accountants must maintain competency, due care, objectivity, integrity, confidentiality, and proper conduct at all times, whether working with a client…
Code of Professional Ethics. (2012). Retrieved from Institute of Certified Forensic Accountants: http://www.forensicglobal.org/ethics.html
Homan, P. (2006, Mar - Apr). Fraud Buster. Retrieved from CPA Magazine: http://www.utoronto.ca.difa/PDF/Articles/FraudBuster.pdf
Jury Finds Former Master Graphics, Inc. CEO Liable for Securityies Fraud Arising From Accounting Scheme. (2008, Sep 8). Retrieved from SEC: http://www.sec.gov/litigation/litreleases/2008/li20705.htm
Shields, a. (2010, Mar 29). The role of forensic accountants. Retrieved from dolmanbatemen.com: http://www.dolmanbateman.com.au/1323/the-role-of-forensic-accountants
Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.
Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.
Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…
Socrates asked them to come forward with their thoughts if they were "still doubtful about the argument." The two proceed to make a sophisticated argument, contrary to Socrates' points, that were counterexamples to the points about the body and the soul that Socrates had been making with such eloquence. It was cross-examination, but it was also a series of new hypotheses that Cebes and Simmias presented to the philosopher whom they held in the highest regard, of course.
Basically, they argued that the existence of the soul during the bodily period has been sufficiently proved; but as to what happens to the soul after death, is "unproven," Cebes offered. And it went on for awhile, convincingly; and when the narrator Phaedo brought the story back to real time, he recounted that the listeners to Socrates "had been so firmly convinced" and yet after the cross-examination (elenchus) by Cebes and Simmias,…
American University Washington College of Law. 2006. "The Law School Approach (or, 'How
To Live with and Learn to Love the Socratic Method')." Available at http://www.wcl.american.edu/pub/handbook/approach.html .
Furlani, Andre. 2002. 'The Sacred Fount in Plato's Cave', University of Toronto Quarterly, vol.
71, no. 3. Available at: Academic Search Elite.
This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as witnesses in trials and other legal proceedings, and all persons are also presumed to have a legal obligation to serve as witnesses if their testimony is sought. Witnesses are generally required to give their testimony in the form of statements regarding what they saw, heard, felt, tasted, or smelled, and they are generally forbidden to express opinion or draw conclusions. A person who is not testifying as an expert will be allowed to present an opinion as testimony if his opinion is both rationally based on his perception and helpful to an understanding of his testimony. Opinions of a competent layperson are specifically permitted by rule, statute,…
Waltz, Jon R. And Park, Roger C. (1998) Gilbert Law Summaries: Evidence. 17th Edition. New York: Harcourt Brace Legal and Professional Publications.
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…
Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).
Retrieved from http://www.osc.gov/adr.htm
Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf
American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.
Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.
Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent…
In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio
Op. 2d 378.
It is possible to read Plato's Apology as the best extant textual representation of the legacy of Athens in the fifth century CE in law and politics. The fact is that the Athenians, although they voted to put Socrates to death, might very well agree on principle with this evaluation. The Apology is, after all, a representation of the Athenian system of trial by jury, and it is worth recalling that this judicial system was considered to be a founding myth of Athens itself. Earlier in the century, roughly a decade before Socrates was born, the tragedian Aeschylus in the Oresteia would represent the mythological and divinely-sanctioned origins of the Athenian jury trial, as a replacement for the endlessly bloody cycle of the lex talionis, when the goddess Athena invites a group of Athenian citizens to sit in judgment on Orestes, who killed his mother in revenge for her…
Plato. The Apology. Trans. Benjamin Jowett. Internet Classics Archive, 2009. http://classics.mit.edu/Plato/apology.html
The Bible and criminal procedures
There are several instances where the Bible speaks about the criminal procedures as well as justice in the society. These verses in the Bible were given as guidelines towards ensuring the protection of the innocent from undue punishment and holding the criminals to account for their crime. The verses given in the prompt affirmed my belief and conviction of how the criminal procedures should operate in a civilized society.
In the first instance, the prompt outlines the significance of having witnesses in the course of handling a case. I am in agreement two scriptures on the importance of corroboration by witness testimonies and the need for a second witness to act as a validation or affirmation of the events that led to the crime as accounted for by the first witness in order to fairly convict an individual. Deuteronomy 17:6 further gives higher…
Cornell University law School, (2015). Self-Incrimination. Retrieved February 24, 2014 from https://www.law.cornell.edu/wex/self-incrimination
New internation Version. Exodus 20:16. http://biblehub.com/exodus/20-16.htm
Davis v Washington
The so-called "Confrontation Clause" of the Sixth Amendment states that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The plaintiff in Davis v. Washington claimed that the admission during trial of a recording of his ex-girlfriend's 911 call after he had beat her up qualified as a "testimonial" statement, and thus the girlfriend's refusal to take the witness stand and be cross-examined qualified as a violation of his Sixth Amendment right. The U.S. Supreme Court found, more or less unanimously, that the 911 call did not count as testimony and therefore Davis' inability to confront the ex-girlfriend during trial was not a violation of his Sixth Amendment rights.
What if the 911 call was instead a text message and photograph taken with a similar phone, as in the hypothetical outlined above? This becomes slightly more difficult to adjudicate.…
Daniel, Chapter 13.
Deuteronomy, Chapter 19.
MacCarthy, T.F. (2007). MacCarthy on cross-examination. Chicago: American Bar Association Publishing.
Worrall, J.L. (2012). Criminal procedure: From first contact to appeal. (4th Ed.) Upper Saddle River, NJ: Pearson.
On the other hand, hittaker Chambers was "a contributing editor of Time (...) from 1925 to April 1938, (he) had been a Communist, a writer of radical literature, an editor of the Communist Daily orker. He had also been what was then vaguely known as a Communist courier."
The major starting point of the case was Chambers' disappointment with the communist doctrine and the dual attitude Stalin had when signing the 1939 pact with the Nazi leadership. Therefore, according to Time Magazine, he "abandoned the party in revulsion and despair, and became a determined enemy of Communism." Consequently, outraged by the dramatic turn that the soviet politics had taken, he began expressing his views on the collaborators of the soviet regime in the U.S. It is in this way that Chambers contacted Berle, who, after the discussion he had with the former communist partisan, wrote in his notes from September…
Abrahamsen, David. Nixon vs. Nixon: An Emotional Tragedy. New York: Farrar, Straus and Giroux, 1976
Adolf Berle's Notes on his Meeting with Whittaker Chambers. Responses, reflections, and occasional papers. Avaliable on Internet, http://www.johnearlhaynes.org/page100.html#_ftnref3 . Accessed 15 October 2006
Crowell, William P. Remembrances of Venona. Available from Internet, http://history.sandiego.edu/gen/text/coldwar/venona-crowell.html. Accessed 15 October 2006
Excerpts from Grand Jury Hearings Relating to the Alger Hiss Case December, 1948. Available from Internet, http://www.law.umkc.edu/faculty/projects/ftrials/hiss/hissgrandjury.html. Accessed 15 October 2006.
There are three types of stimuli used, which are:
2) Irrelevant; and 3) Probes.
These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.
Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…
Taylor, Erich (2007) a New Wave of Police Interrogation? Brain Fingerprinting, the Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence
Pope, Harrison (nd) the Emperor's Tailoring. FMS Foundation Newsletter. Online available at http://www.fmsfonline.org/fmsf96.d31.html
Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at http://184.108.40.206/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.
Cousin Vinny and American Criminal Justice
The 1992 film My Cousin Vinny starring Joe Pesci and Marisa Tomei is a typical Hollywood foray into the realm of jurisprudence. So comical and seemingly realistic is the film (it takes place in the South -- where the unexpected nature of the backwoods setting gives the fish-out-of-water antics of Pesci's Gambini a convincing legitimacy) that one is willing to believe that it actually gives accurate representation of the criminal justice system and the court process in America. This paper will compare and contrast My Cousin Vinny with the actual American criminal justice system and court process, showing where the two meet and where (as in all Hollywood fare) they eventually depart.
The Film in eality
In reality, it may be noted that even the United States is using My Cousin Vinny as a guide when it comes to justice and jurisprudence -- at…
Alshamsa, B. (2010). The U.S.A. uses My Cousin Vinny & CSI: Las Vegas as foundations for Afghan Judicial Procedures. My Private Casbah. Retrieved from http://bintalshamsa.blogspot.com/2010/03/usa-uses-my-cousin-vinny-csi-las-vegas.html
Bergman, P., Asimow, M. (2006). Reel Justice: The Courtroom Goes to the Movies.
Kansas City, MO: Andrews McMeel.
My Cousin Vinny cited by 7th Cir. (2009). LawofCriminalDefense.com. Retrieved from http://lawofcriminaldefense.com/blog/index.php?blog=1&title=my_cousin_vinny_cited_by_7th_cir&more=1&c=1&tb=1&pb=1
The discovery includes: depositions, answers to written interrogatories, production of documents and evidence, court-ordered examinations, and requests for admissions (Mann, R. & Roberts, B. 2009. p.53). The final step of the pretrial procedure is the pretrial conference between judge and the parties' attorneys which serves to "simplify the issues in dispute and encourage settlement of the dispute without trial" (Mann, R. & Roberts, B. 2009. p.53). Directly before a trial though either party may ask the court for a summary judgment which allows the judge to decide the case on matters of law without a jury trial.
f the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors. With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination…
If the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors. With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination questions of witnesses, and the defense cross examination. During the trial the judge will rule on matters of law which may be later used by attorneys for an appeal. At the close of the prosecution's case the defendant may present a case or ask for a directed verdict which allows the judge to decide on the case's merits without a jury. If no such request is made the case proceeds to closing arguments, jury instruction and deliberation, and ultimately the announcement of the verdict. A verdict may result in motions by the losing party for a new trial or a judgment notwithstanding the verdict. In absence of these motions the losing party may file an appeal which would be heard by a higher court (Mann, R. & Roberts, B. 2009. p.53). With this context in mind the examination of Trucker's case may begin.
Jurisdiction over the Suit
The first question to be determined is what court will hear the case? This question is answered through jurisdiction. "Jurisdiction means the power and authority of a court to hear and decide a given case" (Mann, R. & Roberts, B. 2009. p. 46). A court must have both subject matter jurisdiction and jurisdiction over the parties. In the Trucker case the analysis begins determinant of federal jurisdiction. Could a federal district court in Confusion hear the case? Not on the basis of exclusive federal jurisdiction which allows a federal court to hear disputes regarding: admiralty, bankruptcy, antitrust, patent, trademark, copyright cases, suits against the U.S., and cases arising under federal statute" (Mann, R. & Roberts, B. 2009. p.46). However, the federal district court
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…
Criminal Justice. (n.d.). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil y_legal_guide/chapter_14.authcheckdam.pdf
Criminal Justice System Handbook. (2009). Retrieved from http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml
Criminal Justice Process. (n.d.). Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf
Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm
Disclosing Officer Untruthfulness to the Defense: Is a Liar's Squad Coming to Your Town?
Officer misconduct scenario
Police officers must not simply be held to the same standards as members of the public. They must be held to a higher standard. This is illustrated in the following scenario: a police officers is found to have searched for pornographic materials on a work computer and when initially confronted about this violation of department policy he lied, claiming he had no idea how the search history of the pornographic materials made its way onto his computer. He only confessed once the link was made between his log-in information and the search. This combination of dishonesty and poor judgment is a compelling argument for the officer's immediate dismissal, despite the fact that he has an otherwise largely unblemished record.
If an ordinary citizen was found to have been searching pornographic websites…
Brady v. Maryland. (1963). Cornell University Law School. Retrieved from:
Giglio v. United States. (1972). Find Law. Retrieved from:
Melendez-Diaz v. Massachusetts 557 U.S. 305 (2009), police arrested Luis Melendez-Diaz as the defendant was making an illegal cocaine sale in a Kmart parking lot in Massachusetts. During the trial, the Court brought into evidence, bags of cocaine Melendez-Diaz allegedly distributed along with approved drug analysis certificates a certified lab technician prepared. The lab technician also examined the drugs, identifying them as the illegal substance, cocaine and testified it was cocaine in Court. While Melendez-Diaz sought to enter a plea of not-guilty, a jury convicted Melendez-Diaz of trafficking and distributing cocaine in direct violation of Massachusetts law.
Melendez-Diaz appealed as he felt when the State introduced the drug analysis certificates performed by the lab technician, it violated his Six Amendment right that consisted of confronting witnesses against him using the Court's ruling in another case, Crawford v. Washington. In the Crawford ruling, it was held that so-called "testimonial" proof cannot…
Conflict Theory-The Relationship between Sociology and Criminology
Theorists, on, social conflict propose that crime, in general, is triggered by conflict in the class system, as well as, laws that have been shaped by individuals and groups in power to safeguard their interests and rights. All acts of crime have political nuances, and Quinney refers to this as crime's social reality. Research attempts to confirm the conflict method; on the contrary, have not generated significant results (Seigel, 2000). Moreover, sociologists ponder over the social patterns that exist among social classes and the complications that arise from conflict between such social classes. They try to establish the relationship between deviant behavior and social class. These are some of the considerations and ponderings of sociologists when examining the Social conflict theory. The theory explores issues to do with inequality on societal settings. The theory states that the laws and norms adopted by society…
Barker, T. (2011). Police ethics: Crisis in law enforcement. Springfield, IL: Thomas.
This book deals with problems experienced in law enforcement that demonstrate the inability of police officers to make lawful decisions. Chapter 8 deals specifically with police corruption and identifies three elements that exist in police corruption. The first is, the behave must be forbidden, the second is misuse of officer's position, and third, the reward. Although this chapter offers no study, it does provide a look into what the definition of corruption is along with a possible explanation for the prevalence of corruption amongst police officers and law enforcement in general.
Block, C. (2015, December 30). Florida Police Under Investigation for Laundering $55.6 Million For Drug Cartels. Retrieved from http://www.mintpressnews.com/212404-2/212404/
A newspaper article, this source discusses police corruption in Miami. Florida cops that work for the Bal Harbour Police Department have allegedly laundered an estimated $55.6 million for…
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. hen this is done, the objective of defending civil liberties is served but the aim of finding the truth and shielding public safety are denied. The problem becomes what are the main concerns. The result is that criminal justice reforms have been a mixture of programs that serve dissimilar, often unequal, goals, leaving Taiwan's bench uncertain of what its objectives are and in what order they are to be pursued (Kennedy, 2003).
Another primary aspect of reform that seems to be forbidden is any contemplation of the costs of different criminal justice reforms. In the course of figuring out the new reforms there was never any cost analysis or cost projection done to find out what economic impact the new customized adversarial system or any of the other reform…
Kennedy, Brian L. 2003, "Taiwan's Criminal-Justice System: Clash of Cultures," viewed 26
October 26, 2010,
(387 U.S. 33). Furthermore, the notice requirement meant that allegations had to particular. (387 U.S. 33). The juvenile and his parents did not get notice until the hearing on the merits, which meant that it was not timely notice. Furthermore, Arizona had no provision protecting children's right against self-incrimination, but the Court determined that a juvenile is at greater risk of self-incrimination than an adult.
The Court also looked at the Sixth Amendment, which provides that:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public 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, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have…
In re Gault, 387 U.S. 1 (1967).
U.S. Const. amend. V.
U.S. Const. amend. VI.
U.S. Const. amend. XIV.
A philosopher makes "logoi," discusses, and cross examines about virtue, is short of wisdom, and is aware of it. However, in as much as one is a philosopher, one desires wisdom and searches for it. In historical Greek, this notion is virtually a tautology, prompting Socrates to hold that the wise no longer philosophize. Socrates believes that philosophy is gathering knowledge; however, going by valid evidence, philosophy is the process of acquiring knowledge (Reeve 899).
Socrates is viewed as inventing another mission for philosophy because of the manner in which he practiced it. He thinks that he is acting in line with divine wishes. His reiteration that he is acting under divine orders qualifies him as a prophet. Divine orders are not philosophical knowledge to be debated and modified. It calls for unquestionable loyalty and demand direct honor to command. At this point, if Socrates is not a prophet then…
Fagan, Patricia and Edward John. Reexamining Socrates in the Apology. Evanston:
Northwestern university press, 2009.
Plato. The apology. Oxford: Clarendon Press, 2000.
Reeve, C. Socrates in the apology: an essay on plato's apology of socrates. S.I.: Hacket
This is further based on the following assumptions:
1. The company will charge $150 per hour for each client.
2. The company expects to spend at least 80 hours a year with each client.
3. The company expect to see at least 30 clients per year, which will generate a revenue of $150 x 30 x 80 = $360,000. For the purpose of this computation, this will be regarded as the selling price.
4. The company expects its yearly fixed costs to be $526,000. This fixed cost consists of the cost of staff remuneration, utility bills and advertising.
5. The company expects its variable costs to be about $344,000 a year, comprising of the cost of equipment servicing and maintenance, legal costs, and so on.
Given the above assumption, the company's yearly break-even point can be computed as follows:
The implication of the above computation is that LNS must service…
Graham J.R., Smart S.B., & Megginson W.L. (2010): Corporate Finance -- Linking
Theory to What Companies Do. Mason, OH: South-Western Cengage Learning.
Hubbard R.G., O'Brien a.P. (2009): Macroeconomics. Upper Saddle River, NJ: Prentice-
S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case.
Justice hite delivered the opinion of the Court, saying that basically if a state is going to convict a person to a crime that is - by state law - punishable by up to two years, it is then considered a serious crime, and the Fourteenth Amendment comes into play. That amendment, hite wrote, "denies the States the power to 'deprive any person of life, liberty, or property, without due process of law." The laws of "every state," hite continued, "guarantee a right to jury trial in serious criminal cases; no state has dispensed with it; nor are there significant movements underway to do so." In fact, hite went on, the right of the accused to a jury trial is given…
FindLaw (2007). U.S. Supreme Court: District of Columbia v. Clawans, 300 U.S. 617 (1937).
Retrieved April 29, 2008, at http://caselaw.lp.findlaw.com .
FindLaw. (2007). U.S. Supreme Court: Duncan v. Louisiana, 391 U.S. 145 (1968). Retrieved April 29, 2008, at
Billy Budd Before Referencing
Herman Melville's Billy Budd: A Perfect Storm of Injustice
ho is responsible for Billy Budd's death? Discuss how Captain Vere, Claggart and Billy himself all contribute to Billy's downfall.
Herman Melville's 1891 seafaring novella Billy Budd is a Christian allegory, transposed into the relatively contemporary setting of a British naval vessel. The Christian Bible details the death of Christ as a series of betrayals and injustices. The popular leader and teacher Christ is betrayed by one of his own followers, Judas, and is handed over by the leadership of his own nation to the Roman judge Pontius Pilate. Pilate washes his hands of his responsibility for a man whom he believes is innocent, because Christ will not verbally defend himself, and because the Roman authorities have charged him with preserving order amongst the populace. Pilate acquiesces, going against his better moral instincts.
Similarly, Billy Budd is…
Melville, Herman. Billy Budd. 1891. Bibliomania. 23 Feb 2008. http://www.bibliomania.com/0/0/36/1006/frameset.html
Joe Lee Simmons
Statement of Facts
he client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, a decision must be made as to whether there is any basis for pursuing further appeal. If it is determined that a further appeal is justified, the next action that must be taken is to file a petition for discretionary appeal with the exas Supreme Court.
Simmons was stopped and subsequently arrested for littering on the Houston public streets. Pursuant to his arrest, a routine protective search was conducted by the arresting officer during which a small bottle was found in the defendant's shirt pocket. As a result of the search, the defendant was also arrested for possession of a controlled substance for which he eventually stood…
Tex. R. App. P. 33.1 (a)(1).
Tex. Code Crim. Proc. Ann. art. 2.13(b)(3) (Vernon 2005).
Tex. Code Crim. Proc. Ann. art 38.35 (d)(1) (Vernon Supp. 2008).
Hearsay Exception: Statement Against Interest
Hearsay exception rule for statement against interest is build upon the principal that whenever a statement made against the interest of the declarant it will be made vigilantly and honestly. Hearsay is the reiteration of the in-court statements to an out of court assertions given to prove the authenticity of the matter asserted. These are out of court declarations therefore generally not permissible as evidence. The hearsay evidences are not considered by the court to be reliable because of its truthfulness, perceptions, memory and veracity of the out of court declarant. In court the evidences are taken under oath or solemn affirmation subjected to cross examination thus considered to be most trustworthy and reliable.
According to the Williamson standard for the exception to the rule against hearsay for statements against penal interest, the United States Supreme Court has defined the domain of Federal ule of…
AUWC, (2011). American University Washington College of Law Revised Rule 803(7). Statement Against Interest Commentary ARTICLE VIII. HEARSAY. Retrieved July 7, 2011 fromhttp://www.wcl.american.edu/pub/journals/evidence/commentary/a8r8031c.html
David S. (2003) Evidence: Cases, Commentary, and Problems. Retrieved July 7, 2011 from http://www.law.berkeley.edu/faculty/sklansky/evidence/evidence/cases/Cases%20for%20
Emily, F. (2011) The Williamson standard for the exception to the rule against hearsay for statements against penal interest. Journal of Criminal Law and Criminology. Retrieved July 7, 2011 from http://findarticles.com/p/articles/mi_hb6700/is_n4_85/ai_n28657517/?tag=mantle_skin;content
Validity and Reliability
Types of Validity
According to Trochim (2007), there are six different types of construct validity. Construct validity pertains to the accurate reflection of the operationalization's construct within the conclusion. Of the six types, Trochim (2007) divides them up to translation validity -- which depends on the definition of the construct and the checks against it -- and criterion-related validity -- which applies one's theory of construct and examines the proper behavior of the operationalization. The two translation validity types are thus: face validity, which views an operationalization solely on its face value; and content validity, which juxtaposes operationalization with the content domain of the construct. The four criterion-related validity types are thus: predictive validity, which uses prediction to evaluate operationalization; concurrent validity, where operationalization is gauged in its being able to distinguish between two similar groups; convergent validity, a gauging of how similar an operationalization is to…
Trochim, William M.K., and James P. Donnelly, (2007). Research Methods Knolwedge Base. Mason, OH: Thomson Custom Pub. Print.
GENESIS HISTORY OR MYTH?
Genesis is the first book of the Bible. It contains incredible stories of the creation of the universe, man's fall from grace, the story of Noah and the great flood, and the stories of the first generations of man. This book is perhaps one of the most controversial as well. The contents of the book are not as source of dispute. However, the interpretation of the content is a source of great scholarly debate for many reasons.
The first source of debate is exactly what type of work Genesis constitutes. Conservative Christians consider Genesis to be a history. Using this interpretation, events in Genesis happened exactly as written. Other more liberal interpretations consider Genesis to be something other than a historical account. There are many liberal viewpoints on how to categorize Genesis. Some believe that Genesis is an allegory, others a myth, and still others compare…
Boice, James Montgomery. Genesis. Grand Rapids, MI: Baker Books, 1998.
Dolphin, Lambert. Introduction to Genesis. May 24, 2000. http://ldolphin.org/Accessed September, 2002.
England, Donald. A Christian View of Origins. Grand Rapids, MI: Baker Bppks, 1972.
Howe, George. Creation Research Society Annual. Ann Arbor, MI: Creation Research Society,
Plato, The Apology of Socrates
The charges against Socrates, as given in Plato's Apology, are twofold. This is how Socrates himself phrases it:
And now I will try to defend myself against them: these new accusers must also have their affidavit read. What do they say? Something of this sort: - That Socrates is a doer of evil, and corrupter of the youth, and he does not believe in the gods of the state, and has other new divinities of his own. (Plato 2009).
In other words, the first charge is that Socrates has corrupted the youth of Athens, and the second charge is that of impiety towards the official gods of Athens. Socrates in his defense begins by cross-examining his accuser, Meletus. On the first charge he asks whether Meletus thinks his corruption of young minds was intentional: when Meletus says it was, Socrates notes that Meletus has never…
Plato. Apology. (B. Jowett, Trans. 2009) Retrieved from http://classics.mit.edu/Plato/apology.html
The case mentions that petitioners, plus two small minor children and their parents, made the allegation in their suit that was against respondent that the children's very serious birth deficiencies were basically caused because the mothers' had prenatal ingestion of Bendectin, which is a prescription drug that is marketed by respondent. The District Court basically decided respondent summary judgment founded on a well-credentialed expert's affidavit coming up with the conclusion, upon going through the wide-ranging published scientific literature on the issue, that maternal which was utilized of Bendectin has not been exposed to be a risk issue for human birth deficiencies. Even though petitioners had replied with the testimony of eight other well-credentialed specialists, who founded their assumption that Bendectin has the possibility of causing the problem of birth defects on animal studies, chemical structure evaluations, and the unpublished "reanalysis" of formerly issued human statistical studies, the court made…
Gavil, A.I. (1997). AFTER DAUBERT: DISCERNING THE INCREASINGLY FINE LINE BETWEEN THE ADMISSIBILITY AND SUFFICIENCY OF EXPERT TESTIMONY IN ANTITRUST LITIGATION. 65(3), 663-711.
Grove, W.M., & Barden. (2010). Protecting the integrity of the legal system: The admissibility of testimony from mental health experts under. Psychology, Public Policy, and Law, 1(12), 224-242.
KUMHO TIRE CO LTD., et al. Vs. CARMICHAEL ET AL. (1998, December 7). United States Supreme Court. .
M.S., C.R. (2014). Kumho, Daubert, and the Nature of Scientific Inquiry: Implications for Forensic Anthropology*. Journal of Forensic Sciences, 23-45.
Criminalization occurs when women are treated like offenders rather than victims when they defend themselves against abusive males. Criminalized women are made to feel like they are the ones responsible for situations such as damage to property, child exposure to violence, immigration status issues, reputational damage, homelessness, and poverty occurring as a direct result of male violence. We have heard of numerous cases -- for instance, where women living with abusive partners are accused of failing to protect their children, and are held responsible in the unfortunate event that the children fall victim to, or witness disturbing episodes of domestic violence. The situation is no different in the prison system, where these women are incarcerated upon conviction. ather than strive to address the social injustices such as poverty, sexual and domestic abuse, and psychological issues that drive such women to commit crime, we dedicate our attention to making their lives…
Balfour, G. (2006). Introduction to Part III. In E. Comack & G. Balfour (Eds.), Criminalizing Women: Gender and (In)Justice in Neo-Liberal Times (pp. 157-76). Black Point, NS: Fernwood Publishing
Canadian Prostitution Related Laws as of December, 2014 ( URL Link XXX)
Casavant, L. & Valiquet, D. (2014). Bill C-36: An Act to Amend the Criminal Code in Response to the Supreme Court of Canada Decision in Attorney General of Canada vs. Benford and to make Consequential Amendments to Other Acts. Library of Parliament. (URL Link XXX)
Dell, C.A., Gardipy, J., Kirlin, N., Naytowhow, V. & Nicol, J.J. (2006). Enhancing the Well-Being of Criminalized, Indigenous Women. In E. Comack & G. Balfour (Eds.), Criminalizing Women: Gender and (In)Justice in Neo-Liberal Times (pp. 314 -329). Black Point, NS: Fernwood Publishing
Terrorism has been a hot topic in the news for over a decade. It has impact people on an international level with countries like France, England, and the United States experiencing attacks. Currently Isis, a terrorist organization, has generated chaos in the Middle East. Government have been destabilized and peace and security jeopardized. Atrocious acts of violence have occurred from child beheadings to rapes and torture. Terrorism threatens the social and economic development of any place it affects.
Furthermore, terrorism directly affects human rights. People lose freedoms and face subjugation from regimes of terrorist organizations. All of which have negatively diminish ones enjoyment of life as well as their human rights. International, national, and regional political leaders make promises and claims that counterterrorism measures will not encroach on human rights. Former President George Bush for example, preached on preserving human rights amidst counter terrorism efforts. However, living up to these…
Ahmed, S. (2015). The 'emotionalization of the "war on terror": Counter-terrorism, fear, risk, insecurity and helplessness. Criminology And Criminal Justice,15(5), 545-560. http://dx.doi.org/10.1177/1748895815572161
Enders, W., Sandler, T., & Gaibulloev, K. (2011). Domestic versus transnational terrorism: Data, decomposition, and dynamics. Journal of Peace Research, 48(3), 319-337. doi:10.1177/0022343311398926
Feinberg, M. (2015). International counterterrorism -- national security and human rights: conflicts of norms or checks and balances?. The International Journal Of Human Rights, 19(4), 388. Retrieved from http://www.tandfonline.com/doi/abs/10.1080/13642987.2015.1027053
Fenwick, H. (2015). Counter-terror strategies, human rights and the roles of technology. International Review Of Law, Computers & Technology, 25(3), 107. Retrieved from http://www.tandfonline.com/doi/abs/10.1080/13600869.2011.617430?journalCode=cirl20
Criminal Justice Courts System
I visited Monroe County Family Court that is located in 106 South Court Street in Lewisburg West Virginia on December 1, 2016. During this visit, the judge, Judge David M. Sanders, was presiding over a domestic violence case. I was really impressed by Judge Sanders because he had everything under control and ensured that the proceedings moved forward seamlessly and efficiently. Judge Sander ensured that everything was under control through speaking clearly and distinctly in a manner that could be heard by everyone in the courtroom. This made it easy for me and other people in the courtroom to follow the proceedings and understanding the issues before the court.
I was really impressed with the courtroom as I walked in since it reflected what I thought it was going to look like. Having watched television shows and legal drama movies, I knew what to expect in…
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision…
Until recently, schools had steered away from those types of teachings and focused primarily on standardized testing and basic skills. While these things are still a major part of modern education, they now tend to be supplemented by character education as well (Prestwich, 2004).
The modern juvenile court system has headed in a more caring and facilitative in modern times as well. Not only are juveniles afforded more rights since the Kent and Gault cases discussed above, but they are constantly being tested for improved rehabilitation structures such as boot camps, work release programs and a variety of alternative sentencing methods.
It is interesting that as both our educational system and our juvenile justice system are becoming more interested in 'fixing' the emotional problems that accompany youth development, there has not really been any marked improvement in delinquent behavior. Then again, the retributive approach was not very successful at producing…
Ghershi, a. (2007) From the one-room schoolhouse to virtual education: a perspective of what to do while the transition takes place, Distance Learning, 4(3) 64-76
Hopson, R.K. & Obidah, J.E. (2002) When getting tough means getting tougher: Historical and conceptual understandings of juveniles of color sentenced as adults in the United States. Journal of Negro Education, 71(3), 158- 174.
Oestreicher, Jr., S.E. (2001) Toward fundamental fairness in the Kangaroo Courtroom: The due process case against statutes presumptively closing juvenile proceedings. Vanderbilt Law Review. 54(4),1751-1804.
Prestwich, D.L. (2004) Character education in America's Schools. Journal of Teacher Education, 47(2),139-146
'" (Aspen, 1997, p.95).
The primary step is to change the mindset of lawyers. They have to stop believing that they run the show and instead focus them as members of a team along with the judge to ensure that the legal system works for the innocent people in the right direction. Its important that every lawyer strikes a balance between his or her obligations to the clients and the justice system.
As a supplement, more stringent laws should be implemented and the actions of the prosecution should come under closer scrutiny to ensure that they will abide by the ethics and professional code of conduct as laid down by the lawmakers.
Plan for administrators
"Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction -- the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because…
Hon. Aspen, Marvin. (July 1997). Let Us Be Officers of the Court. ABA Journal.
Huff, Ronald; Rattner, Arye; Sagarin, Edward; MacNara, Donal. (October 1986). Guilty Until Proved Innocent: Wrongful Conviction and Public Policy. Crime Delinquency. 32 (4). 518-544.
BERGER v. UNITED STATES, 295 U.S. 78 (1935).
Miller v. Pate, 386 U.S. 1 (1967)
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…
Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:
Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site: http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding
The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-
Shifting to a restorative model, acknowledging the needs of victims
Shifting to a restorative model, acknowledging the needs of victims
The adult justice system in America has long focused upon retribution and community restoration as well as rehabilitation of offenders. Victims must be 'made whole,' not just offenders within the adult system. However, the juvenile justice system has had a far less clear focus upon the restoration of justice to the community than that of its adult counterpart. This is partially due to the oft-expressed view that juveniles are less morally responsible than adults. Juvenile records are usually 'wiped clean' after the adolescents have served their time in probation or prison. The focus of the juvenile justice system is always on the improvement of the life of the juvenile and to reduce the likelihood of recidivism, rather than outright punishment.
On the other hand,…
Balanced and restorative justice. (2010). OJJDP report: Guide for implementing the balanced and restorative justice model. Retrieved July 4, 2010. http://www.ojjdp.ncjrs.gov/pubs/implementing/balanced.html
Giacomazzi, Andrew L. (2005, February). Review of Restorative justice by Ruth Ann
Strickland. (New York, NY: Peter Lang, 2004). LPBR. 15.2: 139-142. Retrieved July 4,
The Court found that the procedures used in Gault's case met none of these requirements' (Oyez, 2009). In re inship (1970) the U.S. Supreme Court ruled that it was not acceptable to find a juvenile guilty of a crime by a 'preponderance of evidence' standard when, for an adult a conviction for the same crime would require a standard of 'beyond a reasonable doubt" (Oyez, 2009).
Parity between adult and juvenile rights was established In re Gault and In re inship, while the special status of certain rights of juveniles, such as the provisions of The Juvenile Court Act was upheld in Kent. It should also be noted that the Gault decision mandated the notification of both the parent and the child of the child's right to an attorney, in deference to the child's possible inability to fully understand his or her legal rights.
Kent v. United States…
Kent v. United States (1966). Cornell University Law School. November 16, 2009.
In re Gault (1967). Oyez. November 16, 2009.
Threat or perception of threat is best described by protection motivation theory:
This theory states that the extent to which people show preventive behavior in light of a threat depends on their protection motivation (. W. ogers, 1975, 1983). According to this theory, the level of protection motivation depends on the seriousness of the threat, the probability that the threat will manifest itself, the judged efficacy of the recommended behavior (called response or outcome efficacy), and the self-efficacy expectation relating to that behavior. (Wiegman & Gutteling, 1995, p. 235)
In a practical sense what this theory says about the perceived threat is that as incidences of observation occur in the lives of individuals, be they real or imagined they will likely become more protective and therefore attempt to engage in avoidance of behaviors that have been identified with the production of environmental threat. By doing so this the individual, and…
Agnew, R. (1985). A Revised Strain Theory of Delinquency. Social Forces, 64(1), 151-167.
Lesko, Wayne a (2006). Readings in Social Psychology (6th ed).
New York: Allyn & Bacon.
Lyddon, W.J., & Sherry, a. (2001). Developmental Personality Styles: An Attachment Theory Conceptualization of Personality Disorders. Journal of Counseling and Development, 79(4), 405.
However, I was simply unaware that the problem was so huge. To know that today's global slave trade is far larger than the slave trade was at the height of the Atlantic Slave trade if horrifying. Even more horrifying is the fact that many slaveholders are in Western countries where slavery has long been illegal, and these slaves are hidden away and may never be detected. Three forms of human trafficking that I noticed were smuggling-related trafficking, where immigrants seeking to come to the United States are instead diverted into sweat shops and forced to work as laborers, the sex-slave trade, and the domestic labor slave trade. Most troubling to me was child trafficking. Honestly, after watching the videos, I went beyond them to further examine the problem. I found a wide variety in numbers, but consistently saw that between 100,000 and 300,000 children in the U.S. are at risk…
" The 'number' of witnesses later turned out to be a single witness who was not even sure about who he saw at the window.
Palm prints on the cardboard box: Similarly Oswald's palm prints were said to have been found on a cardboard box found at the window of the depository building from which Oswald allegedly shot Kennedy. Oswald's prints were not found anywhere else in the room except on a 'convenient' carton that could easily find its way to the police station where Oswald was kept in custody. (Lane,
Apart from these, not insignificant, inconsistencies in the "evidence" presented by the Dallas Attorney General, it is highly unlikely that Oswald, using the Carcano, could have shot with the accuracy and speed required at a moving target.
According to the arren Commission that investigated Kennedy's assassination, three shots were fired from the Depository window, the first and…
Lane, Mark. "Oswald Innocent? A Lawyer's Brief." A Guardian Special. Nov. 22, 1963, December 7, 2004. http://karws.gso.uri.edu/JFK/the_critics/lane/Natl-Guardian/Natl_Guardian.html
Roffman, Howard. "Presumed Guilty." Chapter 9 Oswald's Rifle Capability. A Book by a.S. Barnes and Co., Inc. 1976. http://www.ratical.org/ratville/JFK/PG/PG.html#TOC
Oswald insisted that he was innocent and said he would prove it when he was brought to trial; he persisted in his denial despite the fact that he was questioned for 48 hours without the benefit of counsel; he even refused to admit to the killing as he lay dying
Even this 'fact' has not been proven beyond a shadow of doubt, but we will discuss the point later.
Euthyphro's fourth and fifth definition of holiness and Socrates criticism of them. hat is Socrates and Euthyphro's view of the gods, in contrast to Euthyphro's initial characterization of the gods at the start of their conversation? Finally relate the discussion of the fifth definition of holiness to the claim Socrates makes about the relationship to 'the god' in the Apology.
At first, over the course of his fourth definition Euthyphro advocates that he would turn in a relation of his, if that relation committed an ill act, because he would strive in all things to obey the will of the gods. Then, finally, in his fifth definition Euthyphro states that "let me simply say that piety or holiness is learning, how to please the gods in word and deed, by prayers and sacrifices. Such piety is the salvation of families and states, just as the impious, which is unpleasing to…
Plato. "The Apology." MIT Classics Archive. http://classics.mit.edu/Plato/apology.html [1 Mar 2005]
Plato. "Euthyphro." MIT Classics Archive. http://classics.mit.edu/Plato/euthyfro.1b.txt [1 Mar 2005]
From the beginning of the 19th Century, the criminal justice system has basically revolved between two models that are geared towards reducing crime through distinct approaches. As part of their different approach, the crime control and due process models have separated the individuals that work in the criminal justice system. The crime justice structure has used more of crime control model than the due process model which has enabled the Supreme Court to rule on a number of court cases that extends the rights of culprits. These court cases include absolute defense against search and arrest as well as providing attorneys to unlawful defendants at the cost of state. It was noted that after a certain period of time, the rate of crime started to increase, the economy failed and people lost confidence with the government.
The purpose of the due process model was to maximize on powers…
Delaney, K. (2009, December 7). Due Process vs. Crime Control. Retrieved August 21,
2012, from http://voices.yahoo.com/due-process-versus-crime-control-5003656.html
"Which Model? Crime Control or Due Process." (n.d.). Cliffs Notes. Retrieved August 21, 2012,
With this, the manager was able to collect enough information as what might have started the conflict. The sector manager gave his part of clams. The employee too gave his opinions. Amidst the cross examination of the two individuals, emotions took over. The two had to be separated by the company security personnel (Abramson, 2004).
The proposals from the two individuals were offered with dignity and respect for each other. The manager had to accept all the proposals in the first place since when one was giving his proposals: the other seemed not to agree. Nonetheless, the conflict manager accepted the proposals. The negotiations were very effective. The manager in charge, who also happened to be in charge of conflict management and resolution in the company, was quick in taking this action. He never took sides while bringing the two individuals together (Shachar, 2011). He took enough time to listen…
Abramson, H, I. (2004). Mediation Representation: Advocating in a Problem-Solving Process.
New York, NY: Ntl Inst for Trial Advocacy
Fisher, R., Ury, W, Patton B. (1991). Getting to Yes: Negotiating Agreement Without Giving in.
New York, NY: Houghton Mifflin Harcourt
There are discrepancies encountered in conducting the valuation and risk of a private company. There arises these factors that if investigated can impact the process accordingly. The first research question that I suggest is investigating if the tax risk and equity market value exhibit a concave association, which is consistent with the optimal tax risk level from a valuation of equity standpoint. The second topic that can be researched upon is the changes facing the risk and value valuation service area for businesses and how they impact the practice. Finally, a study on how the Merger and Acquisitions revised standards are impacting business deals.
Chandra, U., & o, B.T. (2008). The role of revenue in firm valuation. Accounting Horizons,
22(2), 199-222. etrieved from http://search.proquest.com/docview/208923683?accountid=35812
Darrough, M., & Ye, J. (2007). Valuation of loss firms in a knowledge-based economy. eview of Accounting Studies, 12(1), 61-93. doi: http://dx.doi.org/10.1007/s11142-006-9022-z
Chandra, U., & Ro, B.T. (2008). The role of revenue in firm valuation. Accounting Horizons,
22(2), 199-222. Retrieved from http://search.proquest.com/docview/208923683?accountid=35812
Darrough, M., & Ye, J. (2007). Valuation of loss firms in a knowledge-based economy. Review of Accounting Studies, 12(1), 61-93. doi: http://dx.doi.org/10.1007/s11142-006-9022-z
Bernier, G., & Ridha, M.M. (2010). On the economics of postassessments in insurance guaranty funds: A stakeholders' perspective. Journal of Risk and Insurance, 77(4), 857-892.