Abstract
This paper explores the root of the criminally accused from the Declaration of Independence through the Federal Rules of Evidence. The paper also reviews case law concerning the specific questions of application of the constitutionally protected rights, including the exclusionary rule and other remedies for governmental violation of the rights of the accused. Finally, it reviews the Federal Rules of Evidence in the context of the relevance and reliability of the evidence presented in court, including hearsay and its exceptions.

Table of Contents:
Abstract
The Sword of the Law

From the Paper
"The rights of the accused are natural rights that are created at the birth, as proclaimed in the Declaration of Independence. There are several of these privileges that cannot be surrendered in the interest of creating a government, and these are outlined specifically in the Bill of Rights, and became enforceable against the individual States by virtue of the 14th Amendment. The specific applications of these protected rights are interpreted by the Courts, and at all times the rights of the citizen against improper conviction are kept paramount, sometimes at the expense of the victims. The Congress enacted rules of evidence to control what is presented in court to ensure that it is relevant and reliable. The 3rd President of the United States, Thomas Jefferson phrased it best, "the sword of the law should never fall but on those whose guilt is so apparent as to be pronounce by their friends as well as foes" (Kelly-Gangi, 2004, p.61)."

Tags:hearsay, constitution, courts, victims

Abstract
The writer specifically discusses two legal tactics portrayed in the movie. The first involves the use of plea bargaining and the second whether or not someone witnessing a violent crime, such as rape, has the personal responsibility and legal liability to try to stop the rape. It also examines whether the legal tactics portrayed would work in a real court case.

From the Paper
In the real case, two of the onlookers were charged as accessories to rape and were acquitted. The film presents a different verdict. Incidentally, after the real life acquittal, both Massachusetts and Rhode Island passed "duty to rescue" laws. The film version centers around the character of Sarah Tobias (Jody Foster) who convinces Assistant District Attorney Kathryn Murphy (Kelly McGillis) to battle the legal system. Ironically, the reason Sarah wants to bring the bystanders to justice is because Murphy agreed to a plea bargain which reduced the rape charges to reckless endangerment which makes parole easier and thereby prevented Sarah from her day in court. An outraged Sarah, deprived of justice and what she considers fairness, convinces Murphy to bring charges against three of the young men who cheered on the brutal rape."

Tags:court, case, plea, bargain, witness

Abstract
This paper examines why courts may dismiss cases on a "technicality" and why the American legal system has afforded technicality dismissals to accused defendants. The author looks at reasons for dismissals, such as failure to provide counsel, unreasonable searches and seizures, and failure to Mirandize the accused.

From the Paper
"It is certainly true that cases are often dismissed during a preliminary hearing or at some other early point of a trial. This may be because evidence has come to light between the time of the arrest and the time of a preliminary hearing. But charges may well also be dismissed because of "technicalities". The next question must thus be what the nature of these technicalities is. They vary widely from case to case, of course, given that every case is different, but they can be generally categorized."

Tags:defendant, court, judge, miranda, counsel, constitution, search, police, seizure, charges, technicality, dismissal, warrant, criminal, procedure

Abstract
This paper examines a case against the Alumina company in which a local resident is claiming that the company is contaminating Lake Dira and that her daughter has developed leukemia because of the contamination. The paper explains that the stakeholders in this case include Kelly Bates and her ailing daughter, the public, the EPA, the Alumuna workers, management and stockholders. The author recommends that, because there is no concluding evidence that the child was affected by the contamination five years earlier but there also is no information that completely erases the possibility, the appropriate solution for the situation is for the company to enter mediation with the plaintiff and to publish the findings of their independent study, which indicated that their current contamination levels are far below EPA regulations. The paper relates that these recommendations will present the company not only as an environmentally concerned organization but also as one that intends to respect all consumers ethically. This paper includes an extensive risk analysis matrix.

Table of Contents:
Key Facts, Regulations and Legal Issues
Values and Stakeholders
Legal Issues and Regulations
Recommended Solution, Ethical Resolutions and Company Values
Week Three Risk Analysis Matrix

From the Paper
"It is apparent that the appropriate solution for the situation is for the company to seek to enter mediation with the plaintiff in the case. There is no evidence concluding that the child was affected by the contamination five years earlier, but there also is no information that completely erases the possibility. Since the child is a victim of leukemia, the chances that the jury will also see the child as a victim of Alumina's violation of EPA standards are high. This is because of the traditional views of juries in which they find favor for victims when they have been affected by the negative actions of corporate America."

Tags:regulations, mediation, stakeholders, risk, media

Abstract
In this article, the writer first notes that when examining the reasons why Henry was accused of heresy, looking at how one defines a heretic is absolutely crucial, because to establish why Henry was accused of being a heretic and if in fact Henry was a heretic are intertwined. The writer looks at different definitions of a heretic and chooses to define a heretic, as a challenger to orthodoxy, or a publicly shared belief system. The writer believes that Henry was accused of heresy not only for his religious beliefs, but more importantly because of the implications they had on the established social order of the time. The writer concludes that heretics were redefined as enemies of society and consequently repressed, as Henry was.

From the Paper
"This was due to the fact that the Bishop was absent in Rome for a time and upon his return saw that Henry had thrown the clergy out of the city, which was indeed a heretical action.
Henry's heresy was that of an evangelical nature, being based on the Bible, particularly the Gospels and the Book of Acts in the New Testament. Henry, like many others wanted to imitate the early church and establish the Apostolic ideal.
"Consequently, Henry fell foul of the established church for criticising the clergy and for insisting on the right of the lay people to preach and to read the Bible. Coupled with this were his notions that it was not a prescription of the gospel to go to a priest for penance, instead emphasising the individuals responsibility to the beliefs attributed to him, the rejection of prayers for the dead and the affirmation of salvation for infants who died unbaptised, thus dispelling the fundamental Catholic viewpoint surrounding the notion of 'original sin'."

Tags:Hildebert, political, expression, anarchy

Abstract
This paper explores the rights of the criminally accused from the Declaration of Independence through the Federal Rules of Evidence. Additionally, it considers how the Constitution has specific governmental prohibitions contained in the Bill of Rights. The paper also reviews case law concerning the specific questions of application of the Constitutionally protected rights, including the Exclusionary Rule and other remedies for governmental violation of the rights of the accused. Finally, the Federal Rules of Evidence are reviewed in the context of the relevance and reliability of the evidence presented in court, including hearsay and its exceptions.

From the Paper
"This paper shall explore the root of the criminally accused from the Declaration of Independence through the Federal Rules of Evidence. The Constitution has specific governmental prohibitions contained in the Bill of Rights. The 4^th, 5^th and 6^th Amendments are specifically constructed to this ends, and were originally intended to only apply to the Federal government, but the 14^th Amendment brought the enforcement against the states. The paper also reviews case law concerning the specific questions of application of the Constitutionally protected rights, including the Exclusionary Rule and other remedies for governmental violation of the..."

Tags:privileges, hearsay, exclusionary

Abstract
This paper examines the incident involving medical scientist Hwang Woo-suk, who was falsely accused of falsifying information in his stem cell research papers. The paper shows how this accusation led to Woo-suk's reputation being destroyed, resigning his position, becoming so stressed that he had to be hospitalized. The paper then details how it was later discovered that Woo-suk had been the victim of teammates who had falsified their data and journalists who had embellished the story. The paper analyzes the incident and provides recommendations for the situation proposing how the ethics could be upgraded.

From the Paper
"In one of the more publicized incidents concerning ethics in recent news, South Korean stem cell scientist Hwang Woo-suk, a professor at Seoul National University, acknowledged and apologized for publishing fake human stem cell research..."

Tags:Hwang Woo-suk, MBC, journalism, medical research, stem cell research, ethics, lying, deontology, utilitarian ethics

Abstract
This paper first briefly recounts the actual story, written about in Rule's book, of the woman accused of shooting her three children, killing one of them and permanently injuring the other two, because of a delusional belief that the man she loved would leave his wife and marry her if she had no children. The paper then goes on to describe how Rule's background as a former police officer lends authenticity to her writing and reporting of the story.

From the Paper
"The events of this crime began when Diane Downs drove up to the emergency room of the hospital in Springfield, Oregon, shouting that a bushy-haired stranger had shot her and her three children on a deserted road. Her middle child, Cheryl, was dead by the time she got there although the hospital tried to resuscitate her. The other two were saved by luck as well as solid effort; specialized medical help happened to be in the hospital or nearby at the time of the incident. Diane herself was shot in the arm, breaking it badly, and at first it did not occur to law enforcement that Diane might have actually been the shooter. The son, Danny, was too young to tell what had happened, and the oldest child, Christie, lost so much blood that it triggered a stroke that impaired her ability to speak for some time. The police could not find the gun and had little solid evidence connecting anyone to the crime."

Tags:author, nonfiction, recounting, crimes, policewoman, writer, solving, springfield, oregon

Abstract
This paper examines how the author, a specialist in child care and a teacher of special need children, addresses the sensitive issue of a child abuse victim being accused of a horrible crime to another child. This paper discusses the sensitive issues of the book and how it can be used as a guide for both a teacher and a parent when addressing children with special needs.

From the Paper
"The book One Child by Torey L. Hayden details the psychological and physical rehabilitation of a young girl named Sheila who had committed a horrific crime against another child. Sheila however, was herself the victim of a crime. Sheila was abandoned by her mother on a highway. The author of this nonfiction, first-person account named Torey Hayden, the girl's teacher, had to deal with both the young girl's loss of her mother, which motivated the girl to commit such an action. Hayden also had to deal with losses the girl experienced because of the unconscionable living environment she finds herself in. This book is instructive for a student of nursing as well as a student of teaching because it illustrates how loss is not always a concrete event, especially in the life of a child. Rather, loss becomes part of the development of the child's personality unless intervention and proper counseling occur."

Tags:sensitive, nursing, development, child, counseling, welfare

Abstract
The criminal justice system here in the United States has traditionally operated under the premises of two fundamentally opposing goals. One goal is the crime control goal. This goal operates under the idea that criminals should be aggressively pursued and crimes aggressively punished. The other goal is the due process goal. This goal operates under the premise that the rights of the accused need to be carefully protected in any criminal justice investigation. This paper examines both of these positions, determining which one is the better goal for the United States to pursue, and why.

From the Paper
"Liberals have been the traditional defenders of the due process model (Perron). They are certainly operating under noble guidelines. The United States Constitution itself carefully lays out the rights of the accused in a series of amendments in the Bill of Rights. The Founding Fathers were obviously very concerned about protecting the rights of the accused, or these protections would not have been included in the Constitution. Should we as a nation follow any less stringent standards in dealing with our accused today? "

Tags:constitution, trial, jury, bill, of, rights, free, liberties, aggressive, criminal, police, profiling, raids, war, on, crime