Abstract This paper provides a discussion of types of evidentiary rulings which give rise to successful criminal appeals. It looks at evidentiary errors at trial as grounds for appeal and major trends in criminal appeals.
From the Paper "This research paper discusses the evidentiary issues most commonly used in successful criminal appeals in American state and federal courts. It is dangerous to generalize on this subject because the record of proceeding ..."
Abstract This paper reviews and analyzes the death penalty appeals process. The paper discusses the arguments that exist both for against and the long process that characterizes court appeal of a sentence of the death penalty.
Outline:
Introduction
Critical Analysis of Death Penalty Appeals Process
Summary
From the Paper "The appeals process as related to the appeal of being sentenced to death is a long procedure which takes many years to transverse through. The inherent problem exists in that the government is responsible for feeding, housing, clothing and providing medical care for the individual who is on death row waiting out the appeals process however, that problem is much easier overcome than other problems associated with the death penalty itself. One of these problems is illustrated in the failure of courts to focus attention upon evidence at the time it presented itself but have instead taken the lives of innocent individuals not guilty of the crimes for which they were sentenced to die and then finally put to death."
Abstract This paper examines the process of death row appeals. The paper explains how an inmate on death row has the ability to appeal their case in the U.S. justice system at a number of levels, finally reaching the Supreme Court. The paper includes a number of real-life examples of the appeal process, as well as quotes from lawyers and journalists about the system.
From the Paper "There are few instances in which the conviction was altered after successive appeals but that only violates the right of the society to make criminals pay for their actions. It is true that in some cases innocent people may be put on death row but for that one appeal should be enough. There is no need to give unlimited appealing right as that would gives some real criminals to plea bargain. Many will get life imprisonment instead of execution even though they deserve to be put to death."
Abstract Henry David Thoreau's "Appeal to Civil Disobedience" has an interesting rhetorical appeal which he uses throughout the essay to achieve a link between himself and his reader core. This paper explains that by using the logic of the times to help his efforts, and by using the three rhetorical appeals - ethos, pathos, and logos - a longing for civil disobedience systematically ruled Thoreau's thought process in a time of racial and ethical tension.
From the Paper "In reference to his ethos, throughout the essay Thoreau establishes his credibility with his persona and tone. Referencing pathos, Thoreau substantiates his written word through interaction with the audience on an emotional level. Finally, in referencing logos, Thoreau has truly perfected the art of logical appeals, by dropping poetic reference in key passages of the essay throughout, and, of course, by using only his, and no one else's thoughts, as a reference to such highly controvercial topics as abolition and slavery."
Abstract This paper discusses the appeal made by David Walker to the American public not only to abolish slavery, but, once a slave had been freed, to accord that person all the rights the Biblical Joseph was granted by Egypt's Pharaoh when his servitude was completed. More specifically, however, it was directed toward men of color to rise up and take their place in society. The Biblical references of Walker's appeal are examined.
From the Paper "In pre-Civil War America, it was not unusual for abolitionists and slave-owners alike to use the Bible as justification for their beliefs. Harriet Beecher Stowe was the daughter of a clergyman; surely, the knowledge of the Bible's Old Testament she learned at her father's knee would have informed and even sparked the writing of her impassioned novel, Uncle Tom's Cabin. Two decades before Stowe's 1852 book, David Walker was using the Bible not as the impetus to fiction, but as a direct appeal to the American public not only to abolish slavery, but, once a slave had been freed, to accord that person all the rights the Biblical Joseph was granted by Egypt's Pharaoh when his servitude was completed. More specifically, however, it was directed toward men of color to rise up and take their place in society."
Abstract In this article, the writer presents an examination of a case in which the defendant in the case is found guilty and appeals. The writer notes that the element used for appeal rests in the fact that an undercover officer visited the convicted felon after he was arrested and incarcerated for the charge and the prosecution used conversations that occurred during those visits to help convict the defendant. The writer points out that the undercover officer never identified himself as a cop during the visits and these visits were before the trial. The writer explains that this means that the officer questioned the defendant after arrest and after being represented by an attorney but before the trial, which infringed on the defendant's right to be represented during all questioning.
Outline:
Issue
Rule
Apply
Conclusion
From the Paper "Once that arrest took place however and Bob was then indicted by the court system and the grand jury Bob was represented by an attorney of record. The law is very clear on the questioning of a person who is represented by an attorney. The issue surrounding the possible appeal of this case is the fact that Art did not at anytime identify himself as a cop during the visits to the jail following the indictment. There may also be some argument and merit to the fact that Art secretly taped the conversations that he had with Bob as in many states the taping of a conversation is illegal unless both parties are aware of the taping, however, there are some states, Tennessee for example, that allow taping if only one party is aware that the taping is occurring. Because the scenario does not discuss the state that this crime took place in it is wise to only argue the merit of Art visiting Bob and in that visit gathering information to use against him at his trial when he did not have an attorney present. At that point the argument is also valid that Art did not identify himself as a police officer thereby violating Bob's right to have counsel present during the visits or to even make the educated decision as to whether or not he wanted Art to visit him."
Abstract This paper examines convicts, particularly convicted murders, and their increasingly limited rights to appeal their sentences. Throughout the1990s this right was restricted. It should have been extended as empirical evidence of wrongful convictions and biases demonstrate the shortcomings of the current system.
Abstract This paper argues that, while advertisers cannot be dismissed for using unethical marketing strategies due to their increasing reliance on sexual appeal, given that consumers do respond to them, they still can be labeled as irresponsible to the extent that the images that they promote establish stereotypical images of the female as a sex object. The paper shows that not only does this lead to the popular male perception of women as sexual objects, but also to female views of themselves as bodies that must reach ideal standards of beauty and perfection in order to successfully fulfill their function of attracting male attention. The paper also includes a literature review, which is not included in the word count.
From the Paper "As explained by both sociologists and psychologists, of all the methods used in advertising, sex appeal catches the attention best, because it is our second strongest drive, next to our drive for survival (Thoits). Consequently, when advertisers employ sexual appeal in their marketing and promotion of products, they can guarantee a response given that they are appealing to one of man's strongest basic instincts. It is due to the general appeal of sex that a great majority of print advertisements increasingly rely on the sexualization of products through images and text with a high degree of sexual content."
Abstract This paper explores the popular appeal of tragedy, focusing on Sophocles' "Oedipus Rex" and Shakespeare's "Othello." The paper discusses how audiences equate suffering with a certain heroic quality in man.
From the Paper "Throughout history tragedies have fascinated audiences despite the persistent pain and suffering of their protagonists. Indeed the appeal of tragedy seems to spring from the very misery and self-destruction to which its characters are subjected, as audiences understand that such suffering corresponds to a certain heroic quality in man. This attitude was held in ancient Greece when Sophocles wrote "Oedipus Rex" and sustained itself through the Elizabethan period when Shakespeare produced "Othello." It is still present today as both Greek and Shakespearean tragedies remain immensely popular with audiences."
This paper discusses fallacies from a critical thinking standpoint of using ?appeal to force?, ?appeal to pity?, and "two wrongs make a right" arguments in the business arena.
Abstract This paper explains that the major problem with ?appeal to force?, from a critical thinking standpoint, is that "appeal to force" does not rely on any kind of logic; in the workplace, one important example of the ?appeal to force? is sexual harassment. The author points out that ?appeal to pity? occurs when someone refers to their sad situation as a reason for someone to make a decision, such as an employee asking for a pay rise because her husband has left her with three small children for whom to care. The paper relates that "two wrongs make a right" is a fallacy in which a person argues that a certain action is justified because someone else does it or because a person imagines that somebody else would do it; for example, an employee may decide to start stealing from the company, justifying this action because he believes the company has been underpaying him, and thus, was "stealing" from him for years.
From the Paper "Another example of the appeal to pity can occur in performance reviews. For employees on the lower scale of achieving in the workplace, appeal to pity can sometimes result in them getting a better review than is justified. An employee may describe how they try hard and request that the boss does not make them feel bad by giving them a bad review. This appeal to pity can often work, with managers being more lenient. On the opposite end of the scale, employees that are high achievers can often have more expected of them and this can result in them getting lower reviews that are justified. Kandola and Fullerton note that performance reviews must be done with objectivity and fairness. Appeal to pity can be a reasons that reviews are not as fair as they should be."
Abstract This paper explains that personal attack is a form of fallacy in which the person presenting an argument is attacked instead of the argument itself, or a person may be attacked because of the association he or she keeps. The author points out that the bandwagon argument refers to the "Appeal to People" because people appeals often sway the population as a whole, which is type of "Fallacy of Relevance" because emotional reaction does not necessarily have any bearing on the truth or falsity of a conclusion. The paper relates that advertisements, organizational literature, CEO and manager appeals, and technology use within an organization are full of fallacies.
Table of Contents
Personal Attack
Bandwagon Argument
Appeal to Pity
Significance to Critical Thinking, Decision Making, and Organizational Examples
From the Paper "In an appeal to pity, the reader is told to agree to the proposition because of the pitiful state of the author. An example of appeal to pity is, "We hope you'll accept our recommendations. We spent the last three months working extra time on it." This argument does not state the advantages of their recommendations as compared to other recommendations, rather states the fact of the number of hours worked on the recommendations. In other words, the arguer is trying to emphasize his/her pitiful state, which has nothing to do with the truth of the proposition."
Abstract The paper refers to Jib Fowles' work "15 Basic Appeals of Advertising" that shows how advertisements are making emotional appeals to their audience, are becoming increasingly abhorrent and are based on an manipulative use of audience appeal. The paper also looks at the ideas of Allan Bloom who implies that pop culture is manipulating and destroying the inspiration, the passion, and the artistic drive of today's youth. The paper explains Bloom's belief that pop culture has arisen from our culture of salesmanship by its appeal to the irrational and subconscious instincts of youth.
From the Paper "Society has given rise to a culture of manipulation. The messages that cultural movements or cultural languages such as advertising give rise to is, to put it bluntly, a veritable brainwashing of American society for the sake of profit, with a particular emphasis on American youth. The manipulation is rooted in a systemized attempt to capture the minds or imagination of America, in order to influence them to ascribe to certain values which are not based on morality, but on sales and product appeal."
This paper discuses Zen Buddhism as a form of Mahayana Buddhism, which is a tradition that has had much appeal to some westerners in the last generations.
Abstract This paper relates the history of Zen Buddhism, explaining that it originated in China and later spread throughout much of Vietnam, Korea and Indo-China. The author points out that Zen Buddhism demands a great deal of the follower but its gift is a pure simplicity that brings the transformation of the person and all awareness. The paper relates that many North Americans, including Heidegger, Erich Fromm, and Aldous Huxley, value the 'in the moment' focus of Zen Buddhism as a solution to fast-paced societies that cause many people to feel overwhelmed by stress. The paper relates that the aesthetics of Zen appeal to Westerners as seen in sand or stone 'Japanese' gardens that reflect the influence of Zen Buddhism.
Table of Content:
Introduction
The Buddha's Emissaries
Zen's Appeal and its Spread
Zen's Appeal to Non-Asian Persons
Concluding Discussion
From the Paper "Those leaving India for East Asia in the 6th century AD believed they carried a simple but very powerful message. The smile of the Buddha was a symbol that had spread through India by those known as the 28 Patriarchs, the symbol brought to China by Bodhidharma and later taken on to Japan. Part of the appeal of Zen Buddhism perhaps was its accessibility in societies where only the elite, indeed, only the philosophical or priestly classes, were literate. Zen's emphasis on personal consciousness, as aided by a learned teacher, appealed to people who were given simple - but extremely difficult meditative exercises to master."
Abstract The paper discusses how writing about violence and its effect upon children should include different appeals with evidence, warrants, common ground and remaining questions. The paper suggests utilizing appeals based on logic or reason as well as appeals that are emotional in order to successfully convey that children are affected by watching violence and the primary people responsible are the parents.
Outline:
Evidence
Warrants
Common Ground
Questions
From the Paper "One appeal to the audience is logos based on reason that requires evidence showing that children who watch too much violence are harmed and can become violent or aggressive either as a child or as an adult. Elizabeth Smoots in her article shows that children watch almost six hours of television a day and they watch more than 200,000 violent acts and 16,000 murders before they reach the age of 18 (3). Another article has the title, "What did your children watch on TV last night? 1 in 4 parents can't answer this question" and this title shows the need for parents to control the types and amount of television children watch."
Abstract This paper examines how "The Wind in the Willows" by Kenneth Grahame is a popular story in part because it appeals to adults as well as children. It looks at how through skillful technique and deliberate attention to detail, Grahame crafts a world that is realistic and fantastical and how by giving the characters in this story human qualities and emotions, he successfully appeals to readers of any age. It analyzes Grahame's use of parallelism such as the personification of the animals and the representations of the river and the Wild Wood.
From the Paper "Another aspect of the story that makes it appealing to adults as well as children is the idea of friendship, which again represents real life. The characters exhibit admirable qualities that all should aspire to at any age. They are friendly, hospitable, strong, and even painfully truthful when they need to be. Grahame does well to create characters that are different from each other, each with his own quirks and weaknesses that may remind us of people we know. For example, when Rat is tempted to run away with Sea Rat, Mole stops him because he looks in Rat's eyes and ?saw that they were glazed and set and turned a streaked and shifting gray -- not his friend's eyes, but the eyes of some other animal!? (213). Mole also demonstrates true friendship by taking Rat's mind off of his wanderings and encouraging him to write."
