A review of the rights of the accused including case law examples, Federal Rules of Evidence and the exclusionary rule.
Term Paper # 103075 |
2,798 words (
approx. 11.2 pages ) |
15 sources |
MLA | 2008
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$ 50.95
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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
This paper discusses how a person's reputation may be ruined by accusations and concentrates on the case of baseball star Barry Bonds.
Persuasive Essay # 106562 |
1,400 words (
approx. 5.6 pages ) |
6 sources |
MLA | 2008
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$ 28.95
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In this article, the writer points out that the reputation of a political figure, of an eminent student, or of an athlete is one of the most important aspects of his career. However, the writer notes that once a scandal breaks out in which one's reputation is torn apart, no matter the actions undertaken following such an event or whether one is guilty of the charges being brought upon him or not, that reputation can rarely be saved and rebuilt. The writer discusses that the case of baseball star Barry Bonds is a worthy example of the fact that scandals, regardless of their factual support, can decisively ruin one's reputation and image, not only towards the fans, but also in regard to the sponsors and investors. The writer concludes that in the eyes of the world, Bonds is guilty for the simple fact of having cast a doubt on his performances and may end up being labeled as just another player on steroids.
From the Paper
"The rivalry existing between the two of them manifested at all levels, but especially concerning the physical abilities. In an attempt to take away the chance of winning new standards on world records, Bonds appealed to Anderson, a weightlifting trainer, who provided the athlete steroids as well. The visible changes that were noticed on Bonds' body made the world suspicious over the possibility of the athlete using steroids. However, neither his innocence nor his guilt can so far be proved.
"There are those who argue in support of the athlete's innocence, and others who argue against. Bonds' claims of innocence are based on the idea that although his test results did come up suggesting he has taken steroids, knowingly, he did not consume any enhancing performance drugs."
Tags:innocence, performance, steroids, charges
This paper examines the nature of the legal tactics used in the rape trial portrayed in the 1988 film, "The Accused" directed by Jonathan Kaplan.
Essay # 27163 |
751 words (
approx. 3 pages ) |
0 sources |
2002
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$ 16.95
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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
This paper discuses the options available to Alumina, which is being accused of polluting Lake Dira and thus causing leukemia in members of the population living in the area of Lake Dira.
Case Study # 99503 |
1,560 words (
approx. 6.2 pages ) |
3 sources |
APA | 2007
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$ 30.95
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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
This paper discusses the issues that arise when court cases are dismissed due to certain technicalities.
Essay # 5342 |
1,020 words (
approx. 4.1 pages ) |
4 sources |
MLA | 2001
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$ 21.95
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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
A critical review of two articles addressing wrongful convictions including cultural factors.
Article Review # 132580 |
2,000 words (
approx. 8 pages ) |
3 sources |
MLA |
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$ 38.95
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Abstract
This paper present an analysis of two articles that address the problem of wrongful conviction. The paper also focuses on cultural factors in expectations of criminals, presumed intentions, arrangement of evidence; the paper notes false conviction is relatively common, explored only in cases of murder or sexual assault towards inestimable cases. The approach of awarding compensation is done in only some of the American states. The paper's mention of UK patterns also demonstrates significant false conviction.
Tags:injustice, system, international, prisoner
The paper discusses some of the root causes of the September 11th attacks.
Cause and Effect Essay # 8190 |
1,310 words (
approx. 5.2 pages ) |
5 sources |
MLA | 2002
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$ 26.95
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The paper discusses some of the specific root causes for the September 11th attacks in the U.S. Two of the causes discussed are the use of American power and the ignorance of Osama Bin Laden's followers. The paper shows that due to the fact that the United States was so unprepared for September 11th, the root causes of the terrorist attacks are still debated by millions of people worldwide. It shows that several theories being debated are clash of civilizations, poverty of Arab lands, American policy, religious conflicts, simple jealousy and rage- all of these seem logical reasons to some and completely illogical to others.
From the Paper
"World peace is far from being a reality. With the thousands of issues that affect international conflict, it is nearly impossible to isolate one sole cause of any given problem. The tragedy of September 11th is one such occurrence. Discussion after discussion has been had in an attempt to determine the exact cause of the attacks. The majority of suggestions of the root cause have been dismissed. Poverty of the individuals who committed crimes was quickly dismissed because of simplicity. Those people who hijacked American planes were not poverty-stricken. Most were educated, middle-class citizens. Also ruled out by simplicity is the theory of envy, hate, and rage. We know that Bin Laden and his followers hate us, but would this cause them to terrorize our country? The concept is too superficial to be the root cause itself, but most definitely lies under the true cause. Some political scientists pointed to a clash of civilizations as being the culprit. Even this suggestion goes back to envy of the enemy civilization. After analyzing all these miniscule causes of September 11th, two specific root causes are apparent. The two most logical explanations to the terrorist attacks are the use of American power and the ignorance of the Osama Bin Laden's followers."
Tags:911, bombing, center, trade, world, Arab
Henry the Monk and Heresy
This paper discusses why Henry the Monk was accused of heresy.
Term Paper # 103280 |
1,843 words (
approx. 7.4 pages ) |
4 sources |
MLA | 2008
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$ 35.95
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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
Examination of a recent case against a medical scientist accused of falsifying research data.
Essay # 70159 |
1,150 words (
approx. 4.6 pages ) |
4 sources |
APA | 2006
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$ 23.95
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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
A look at the crisis that the Catholic Church in the United States is undergoing as a result of accusations that some priests had sexually abused children.
Essay # 63694 |
1,547 words (
approx. 6.2 pages ) |
3 sources |
APA | 2006
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$ 30.95
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This paper explains that the current crisis in the Catholic Church is not so much a result of the accusations that some priests have sexually abused children, as it is a result of the response of the Catholic Church to the accusations. The paper contends that it is time that the Church be made aware that, although such crimes are often handled quietly, the public perception may be quite different than perception by Church leaders and that the Church should respond to public perceptions.
From the Paper
"The Catholic Church in the United States has come under severe scrutiny not because a few priests have sexually abused children but because the public perception has been that the Church's response has been to try to hide the facts, buy off the victims, and not deal effectively with priests who hove committed these crimes. Those who have dedicated their life's work to the service of God by becoming priests may not fully recognize the effects these crimes have had not only on the general public but lay Catholics as well. This may be partly due to the media, who quite naturally cover events in their own immediate area more than national news of individual crimes. Even within the Catholic Church we may not be fully aware of the large amount of time this scandal has covered so far. The Church has often chosen to deal with charges of sexual abuse quietly and privately, and have taken an attitude of "hate the sin but love the sinner" toward priests who have committed these crimes."
Tags:trust, teacher, leader, responsibility, complaints, prosecution, hierarchy, power, wealth