Abstract
The paper discusses how American criminal procedure outlines specific requirements that police must satisfy in initiating criminal investigations, conducting those investigations, detaining subjects of investigations, securing authorization to conduct searches, executing arrests for past crimes and for interrogating arrestees in police custody. The paper also explains how American criminal procedure provides the crucial distinction between the burden of proof in criminal matters, which is, by design, much more difficult to satisfy than the corresponding burden of proof for civil matters.

Outline:
Introduction
Constitutional Rights and Civil Procedure in Modern American Policing
Criminal Procedure and the Distinction Between Civil and Criminal Burdens of Proof

From the Paper
"In modern American policing, it is essential to understand criminal procedure because of the fundamental distinction between police authority to investigate past crimes. Whereas police have the authority to initiate criminal investigations of any crimes they observe first hand and to take action to apprehend violators in the process of committing crimes, that authority is substantially different with respect to past crimes not witnessed by police first hand (Zalman, 2008).
"Police may enter private property to pursue criminals in flight, to investigate crimes they observe, or to protect life and limb in emergency situations. However, where police investigations involve crimes already committed, they are limited in their investigative and arrest authority to the Fourth Amendment constitutional requirement to obtain a search warrant by first presenting evidence sufficient to establish probable cause to a judge or magistrate authorizing their search for specific evidence of particular crimes or an arrest warrant granting them the lawful authority to execute arrests for crimes not observed by police first hand (Schmalleger, 2008).
"It is also essential for police to understand the rules of criminal procedure that pertain to their authority to subject individuals to spontaneous criminal investigations, such as where police wish to question a potential suspect to a crime without sufficient probable cause to compel compliance or to conduct any search of the individual's person or his or her personal property or effects (Dershowitz, 2002; Schmalleger, 2008). In that respect, modern American criminal procedure does not allow police to initiate random investigations or to search individuals without specific probable cause of criminal activity."

Tags:investigations, searches, interrogations, custody, proof

Abstract
The paper defines criminal law and explains why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. The paper discusses how the United States derives the structure of its criminal justice system from the English tradition of common law, and explains how most legal systems agree on certain basic premises. The paper also notes that many of the protections of the Bill of Rights pertaining to the criminal justice system only were extended to the state in the 19th century. Finally, the paper considers the controversies that still exist, including the 'three strikes and you're out' laws and capital punishment.

From the Paper
"First of all, what is criminal law? From the point of view of society, crimes are wrongs or violations for which the offender may be punished. Criminal law involves prosecution by the government for an act classified as a wrongdoing against society at large, for which penalties can be extracted varying from incarceration to fines to both (Criminal law, 2008, Cornell University Law School). The criminal law system stands in contrast to civil law, which involves crimes done to a particular victim. The civil suit is brought against the wrongdoer on behalf of the victim. The offender may have to pay financial compensation in civil court, but cannot be required to pay with his or her life or liberty both (Criminal law, 2008, Cornell University Law School). This is why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. In a civil court, the plaintiff need only prove that the preponderance of the evidence shows a crime was committed, in a criminal court the standard for guilt is that it must be shown that beyond a reasonable doubt, a crime was committed."

Tags:Constitution, Bill, of, Rights, prosecution, crime, common, law, judiciary, jury

Abstract
This evidentiary examination focuses on two episodes of The Practice, "Truth and Consequences" and "Burden of Proof." The writer notes that these ran consecutively on January 12 and January 19, 1998, respectively and primarily focus on the same civil case. First a plot summary of these episodes is provided. Then, an analysis of the evidence offered in them is conducted, along with any problems that may exist in the presentation of that evidence. Though the proceedings depicted in these episodes seem to be taking place at the state level, and not in a federal court, the Federal Rules of Evidence (FRE) is nevertheless used to analyze all of the evidence presented. The writer concludes that for the most part the evidence introduced during the trial and pretrial proceedings of the episodes "Truth and Consequences" and "Burden of Proof" was portrayed fairly accurately.

Outline:
"Truth and Consequences"
"Burden of Proof"
Analysis of the Evidence Presented
Jimmy Berluti's Direct Examination of Expert Witness Joel Helms
Boston Power's Cross and Impeachment of Expert Witness Joel Helms
Boston Power's Direct Examination of Its Star Expert Witness Dr. Munson
Jimmy Berluti's Cross and Impeachment of Boston Power's Expert Witnesses
Conclusion

From the Paper
"The Practice was centered on the small, often struggling but always noble Boston law firm of Donnell and Associates, led by attorney Bobby Donnell. The firm was later renamed Donnell, Young, Dole and Frutt when Bobby decided to take on more partners by promoting three of his associates. The majority of the drama in the series is derived from the high stakes, high profile, often controversial criminal defense cases the firm accepts. The firm's attorneys are depicted as decent, caring, kind-hearted lawyers who pride themselves on taking the tough criminal cases that no one else will touch. Yet the firm also litigates and settles some civil matters, usually various forms of tort or employment actions. This is one of the unique qualities of The Practice that serves to distinguish it from other legal dramas on television, such as Law and Order, which typically tend to concentrate exclusively on the criminal justice system and the function of courts and attorneys within it."

Tags:legal, drama, evidence, proceedings

Abstract
This paper discusses a breach-of-contract civil suit filed by Walt Disney/Buena Vista Home Entertainment against Blockbuster Video. Though the case was settled out-of-court through arbitration, this analysis discusses the details of the lawsuit and issues related to it and civil lawsuits.

Tags:videocassettes, revenue sharing, contract law, videos, plaintiff, burden of proof, legal system

From the Paper
" In recent years, the overlap between the concerns of mental health and those of law has been increasingly brought to public attention. When we read newspaper accounts of bizarre crimes . such as John Hinkley, Jr.'s attempted assassination of President Reagan . we take it for granted that a psychiatrist or psychologist will be called on to make judgments about the defendant's sanity and possibly to give "expert testimony" at the trial. In other widely publicized court cases, such as that of Kenneth Donaldson, who sued officials of the state of Florida for wrongfully keeping him in a mental institution for fourteen years, the mental health system itself has been on trial (Acocella & Bootzin, 1984, p. 545). These well.known court cases are only the most obvious illustrations of the fact that the (...)"

Abstract
This paper explains that philosophies of religion are divided into theistic, which argues in favor of the existence of God and atheistic, which denies the existence of God. The author points out that the theistic philosophies include teleological, cosmological, ontological, moral and arguments, arguments related to self-interest such as Pascal's "wager" and arguments rooted in the experience of miracles and in religious experience. The paper relates that atheistic refutations include the primary supposition that the burden of proof rests with the theist, that evil exists and that there is a conflict between divine omnipotence and human free will.

From the Paper
"The cosmological argument in favor of the existence of God is similar in that it points to the physical universe as proof of God's existence. However, the cosmological argument seeks for an ultimate cause of creation. The primary objection to the cosmological argument raises the issue of the ultimate cause: if everything in the cosmos has a causal force, then what, if anything, can cause God? Some cosmological arguments are temporal in nature, that is, they refer to the nature time when determining the cause of creation. Because it is theoretically possible that God has no cause and is a causeless force or being, the cosmological argument cannot actually prove that God exists, only that God is one possible cause of the universe."

Tags:theistic, atheistic, cosmological, evil, burden-of-proof

Abstract
This paper looks at the topic of court cases which dealt with negligence by medical institutions or persons. It explains the definition of the law that medical services have the duty to provide as best care as possible. The paper brings down numerous cases as examples.

From the paper:

"Medical litigation cases have been rising rapidly with patients? awareness of the laws designed to protect them against harm from those who they should be able to trust the most, their doctors and dentists. The most widely litigated issue us that of medical negligence. The term negligence refers to a various failures including the failure to guard against the risks of harm to others. An example of negligence is professional malpractice where professional standards of practice are not met. Negligence can be filed in two ways criminal and civil. The standard of guilt is the same for both of them, however the burden of proof is different. In a civil case, the plaintiff must prove the balance of probabilities, where in a criminal negligence the burden of proof is beyond reasonable doubt [Kian, 2001]."

Tags:guilt, plaintiff, doctor, facilities, equipment, technology, communication, judge, practice, defence, opinion

Abstract
This paper discusses how race has been a consideration in sentencing guidelines for quite some time and how there is a concern that perhaps the sentencing guidelines and the entire criminal justice system are racially biased. It attempts to show that there is disparity between the sentencing guidelines given to Caucasians and non-Caucasians and looks at the extent race plays a part in the prosecution for different crimes. In an effort to be fair, opposing views are discussed, and the problems and proposed solutions are discussed as well. It also shows how it can be seen that individuals who are of minority races often meet with harsher punishments than others who come into the criminal justice system.

Outline
Introduction
Is it Discrimination?
Courts, Judges and the Real World
The Burden of Proof and Suspicion
Minorities and the Law
Drug Laws and Minorities
Minorities, the Death Penalty and the Community

From the Paper
"There are Caucasian individuals in this country that would argue that minority races have more crime and that they are not as good of individuals as those of Caucasian ancestry. However, this does not necessarily mean that this observation is accurate. One must consider the possibility that those that are of minority race in this country are not committing crimes at a higher rate, but that they are being targeted at a higher rate and therefore the crimes that they do commit are being discovered more than the crimes that are committed by Caucasian individuals . Many of these crimes relate to drugs and so the main focus of this paper will be on the issue of drug crimes. However, other crimes will be considered in order to show that this is something that travels across the entire criminal spectrum and is not limited to one area of crime. This is important to understand because it indicates the racial biases that individuals in this country hold are not related to the particular type of crime and are tied only to the race of the individual in question."

Tags:criminal, justice, system, punishment, caucasian, death, penalty

Abstract
For years, chocolate has been looked down upon as unhealthy, deemed a candy, slapped with myths and fallacies and prohibited from small children. This paper attempts to prove otherwise by showing how chocolate has been shown to lift depression, help your heart and aid alertness among other benefits and if used properly, chocolate can be a delicacy and a medicine. It examines all aspects of chocolate possible from its production from the cocoa bean, to physiological effects on the brain and body to side effects such as obesity and dental problems.

Table of Contents:
Introduction
A Brief Review of Cocoa
The Cacao Tree (Theobrom Cacao)
What is in the Cocoa Bean?
Making and Eating Chocolate
State of the Art of Cocoa
Is Cocoa Good for You?
Burden of Proof
Chocolate as a Fat
Effects on Blood Lipids
What is OK?
Chocolate, Health and Disease
Chocolate Craving
Migraine
Toxicity
Immune Function
Allergy
Other Disorders
Behavior
Antioxidants
Caffeine
Dental Caries
Migraines
Obesity
Serum Cholesterol
Heart Health
Conclusions

From the Paper
"Cocoa takes it a step further though. Not only does it provide energy for our actions. It supplies chemicals for our personalities and moods. Modern psychology leads us to believe that every thought, every idea that pops into our head is simultaneously a biological reaction. This biological reaction takes the form of chemical processes within our brains. Our mind then interprets these chemical compounds as thoughts, ideas, smells, tastes, touch, etc. Our thoughts, or chemicals compounds within our brain can determine how we feel, our motivation, our goals, our entire lives hinge upon our thoughts, for what are we but what we do. And before we do anything, we must think it. We must have considered it at some point or been subconsciously predisposed to an action or idea."

Tags:cacao, tree, cocoa, bean, fat, migraine, toxicity, craving, health, disease

Abstract
People have debated the existence of God for centuries. The paper examines theories by St. Anselm and St. Thomas Aquinas who offered compelling arguments for the existence of God. It examines the opinions of critics who contend that their arguments and others are flawed and insufficient. They also state that the burden of proof rests with the believers because there is no indisputable indication of God's existence that cannot be explained by other means.

Table of Contents
Introduction
The Case for God's Existence
St Anselm
St. Thomas Aquinas
Other Arguments
The Case Against the Existence of God
My Assessment
Conclusion
Bibliography

From the Paper
"The debate about the existence of God is not just a religious and scientific debate. Scientists have weighed in on the subject as well. Some of their arguments reflect the reasoning of St. Anselm and St. Thomas Aquinas, but from different perspectives. Bradley notes that the properties of the universe can be described in a few set laws, such as Maxwell's Equations, Einstein's Theories of Relativity, and Newton's Laws of Motion. The universe must have been made by design. Consider that if the strong nuclear force that binds the nucleus of atoms was only five percent weaker, the only stable element would be hydrogen. If these forces were just two percent stronger, the elements that support life would not exist. Furthermore, if the electromagnetic forces were to vary only slightly, the universe would be radically different. For example, there would be little carbon, a necessary component of life. The universe has to be just so to support life. Only a very specific set of conditions make our existence possible. It is extremely unlikely that all of these things would happen without design. Therefore, since the evidence of design is overwhelming, there must have been a designer. The designer was God (Bradley)."

Tags:Summa, Theologica, Kalam, Einstein, Newton, Gaunilo