Abstract This legal memorandum examines whether a defendant who has several mental disorders, but is coherent and intelligent (and able to effectively communicate with his lawyer), is competent to standtrial.
Abstract This paper presents a case study of a patient named Wilson, looking at whether he is competent to standtrial. The paper presents the details of the case and analyzes Wilson's physical and mental state. The paper then focuses on whether Wilson would be considered competent to standtrial in his current condition. It discusses his cognitive and behavioral functions and how these will also be impacted by Wilson's mild retardation throughout his life.
Table of Contents:
Case History
Competency To StandTrial
From the Paper "Given the information that has been provided to date regarding Wilson and his interactions with other medical personnel, it would appear that he is capable of standing trial at this time. This is indicated by his knowledge of his previous behavior and his admitting to the fact that he had previously failed to take his medications, using this as an explanation for his violent behavior. Wilson was capable of discussing these elements of his life with logic and reasoning, which would lead an evaluator to conclude that Wilson was no longer hindered by his mental illness.
However, it must be noted that Wilson will always have the ability to stop taking his medications and of progressing in his paranoid schizophrenia because there is no cure for the illness ("Paranoid", n.d., sec. 1). The use of medications "such as Thorazine, Haldol, and Risperdal" may alleviate Wilson's symptoms and allow him to continue to function normally. Yet, as time progresses there can also be changes in Wilson's cognitive and behavioral functions, which will also be impacted by Wilson's mild retardation throughout his life."
From the Paper "The history of the doctrine of competency to stand trial arose in English common law out of a concern for fairness in the trial of accused persons who, if found guilty of criminal charges, would suffer deprivations of liberty and other penalties. One of the earliest United States Supreme Court cases (Dusky v. United States,1960) determined that a defendant's competency to stand trial depended on "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and "whether he has a rational as well as factual understanding of the proceedings against him"."
Abstract This paper examines both the Nuremberg and Tokyo War Crimes Trials following World War II and it's impact on international law. It begins with a history of the development of international law up until World War II. It then recounts the events that led up to both trials followed by a description of the charter of both trials. Next is a recount of the three top defendants in both trials followed by the general argument put forth by the defense attorneys. After this there is a section on the impact of the trials on international law followed by a argumentative section on why the trials were "victor's justice". The concluding section focuses on the Rwanda and Yugoslavia tribunals and an outlook for the future.
Tags: crimes, justice, trials, victor, war, international, nuremberg, tokyo
Abstract This paper chronicles the famous Scottsboro Boys trial. It's a story of racism in the 1930's that describes the events leading to the trial, the trial itself and the outcome. The paper describes what happened to the boys while they were in jail and the events and outcome of their second trial. Racism appears and reappears throughout the story of the Scottsboro Boys, as they were sentenced to death on several different occasions, despite obvious inconclusive or debatable evidence. Finally, the paper briefly describes the fate of all people involved in the case.
From the Paper ?When the train that they were riding on stopped in Stevenson, Alabama, the small group of black boys decided to walk along the tracks. A short while later they met up with some more black boys from another car. The boys decided that they would get back at the white boys who had been throwing rocks at them earlier. Once the train started again, the same group of white boys started throwing rocks at the blacks from a lower car. The now rather large group of blacks got in the car that the whites were riding in and started fighting them."
Abstract This paper gives the historic background of the Salem Witch Trials, highlighting the mass hysteria that lead to such an event. The author argues that we can learn from the lessons of the Salem Witch Trials, in particular with regard to terrorist accusations, or other finger pointing based on fear not fact. The paper concludes with the outcome of the trials and how the accused and/or their families were eventually compensated.
Outline:
Introduction
The Trials Events in Salem
Causes
From the Paper "The of the trials was based in hysteria. People did not understand what was wrong with the young girls who initially became ill and they became fearful as it spread that if it were not stopped everyone was doomed. This fear spurned a hysteria in which anyone who acted remotely different or non sociable by society standards was accused of being a witch. At that time society had a fear of the devil and the devil's abilities that could overtaken common sense and did."
Abstract This paper chronicles the witch trials of 1692 and argues that the main reasons why the witch trials occurred were conflicts dealing with politics, religion, family, economics, and fears of the citizens.
From the Paper "After the investigation, Hawthorne and Corwin decided that the three women were all guilty of witchcraft. They were all taken to a Boston jail, where Sarah Osborne would later die from natural causes. Even after the three women were taken to jail, the accusations still continued in the village. "
Abstract Martin Friedland, in his book "The Case of Valentine Shortis", describes the trial that led to a Quebec jury finding Shortis guilty of the murder of two men in the course of an attempted robbery. This paper revisits the trial from the perspective of a member of the jury and - based upon the author's point of view regarding the evidence - determines the question of guilt. This paper argues, on the basis of the evidence, that Shortis must be found guilty.
From the Paper Martin Friedland, in his book The Case of Valentine Shortis, describes the trial that led to a Quebec jury finding Shortis guilty of the murder of two men in the course of an attempted robbery. This paper will revisit the trial from the perspective of a member of the jury and - based upon the author's point of view regarding the evidence - determine the question of guilt. This paper will argue, on the basis of the evidence, that Shortis must be found guilty.
Abstract This paper examines the Black Sox trial of 1921 and the fall-out emerging from it. The paper shows that not least of all, the trial underscored the gambling problem afflicting America as well as the larger social and labor issues that were plaguing American society at that time. The paper suggests that the scandal complicated baseball's image and turned George Herman Ruth into a savior.
From the Paper "The 1921 Black Sox trial gripped America in a way that very few events directly related to sports ever have. This paper examines the trial and, more importantly, it places the trial of 1921 within the larger context of American life and history. Particularly, this paper notes how the 1921 trial occurred in an age where concerns about the treatment of American workers was sparking debate about how best to address the situation. Moreover, the spirit of progressivism still animated America in the early decades of the twentieth century. This spirit, one might even call it a missionary, reformist zeal, was strengthened further by events such as the Black Sox trial of 1921. Beyond that, the trial had serious repercussions for baseball. Not least of all, it shot Kenesaw Mountain Landis into prominence and turned Babe Ruth into a savior."
Abstract This paper examines the Nuremberg Trials by questioning several legal aspects of the proceedings. The author argues that the Allies exceeded the laws of the time in their quest to punish Nazis for what they saw as unacceptable ways to conduct war. The paper concludes that the Trials also did not serve a deterrent purpose, rather they demonstrated the difficulty of using law to deal with unpredictable and unexpected behavior.
Outline:
Introduction
Allied Positions
Defendants' Views
Justice of Injustice?
Conclusion
From the Paper "The Nuremberg Trials took place in Nuremberg, Germany from 1945 to 1949, following the end of World War II. They were the culmination of efforts by the victorious allies to address actions taken by the Nazis during World War II that most of the Allies believed went well beyond the boundaries of acceptable practice of warfare. However, the Allies themselves exceeded the laws of the time in their quest to punish Nazis for what they saw as unacceptable ways to conduct war."
Abstract This paper summarizes some of the key issues in Microsoft's monopoly trial from the perspectives of Microsoft and computer users. Several of the terms Microsoft has used to define its marketing and overall corporate objectives are defined, such as "killer application." Microsoft's Internet browser is used as an example of the corporation's most recent "killer app." The issues of the trial are also discussed from the perspective of the user, which is to ultimately find the application that best suits her needs. The author concludes that usability and competition work hand in hand for or against the success of a product.
From the Paper "A document released by the Microsoft Company reads, "Our industry is always looking for the next 'Killer Application' - for a category of software that, by its utility and intelligent design, becomes indispensable to millions of people ...". "The latest confirmed 'Killer App' is the web browser". When asked what Bill Gates himself meant by defining a web browser as a "Killer Application", he claims to have meant that browsing would be simply "very popular". Upon this response, The Microsoft Computer Dictionary is used to provide two definitions of the term "Killer App": 1) An application of such popularity and widespread standardization that it fuels sales of the hardware platform or operating system for which it was writing (in this case Windows); and 2) An application that supplants its competition. The latter is something that
Microsoft's browser has certainly managed to do."
Abstract This paper examines and reviews Franz Kafka's work "The Trial," describing it as a typically existential work. The paper explains the basic ideas behind existentialism and why "The Trial" contains the essential elements of this philosophy. The paper gives a basic plot summary and other literary devices Kafka used to engage the reader. The paper concludes by citing Kafka's possible intention of using this work to critique corrupt political regimes of his time.
From the Paper "In this, K.'s existential anxiety increases progressively through the novel, as he continues to live under the extreme stress of waiting for something to come of his trial. This is signified by means of various elements, and most significantly in the suffocation that permeates all K.'s dealings with the law. K.'s source of meaning is his work and the way in which his life is ordered. In contrast to this, his existential angst is exacerbated by the Court and the way it harrassas him. "
Abstract This paper looks at the historical development and significance of the Salem witchcraft trials, and argues that the Salem trials were pieces of a larger phenomenon, i.e. the system of belief of New England which integrated witchcraft. In doing so, the paper considers the following aspects: the historical and social circumstances of 17th century Massachusetts, previous such episodes, the profile of the people executed on charges of witchcraft, as well as the effect of race and gender on the formulation of witchcraft allegations.
From the Paper "The Salem witch trials were preliminary hearings held in 1692 in several towns: Salem Village, Ipswich, Andover, as well as Salem Town, Massachusetts. The best-known such hearings were conducted in Salem Town and resulted in nineteen of witchcraft i.e. nineteen death sentences by hanging. One of the most interesting controversies ever associated with the Salem trials is that of the role of Cotton and Increase Mather in the trials in question . There have been countless speculations regarding the Mathers, ranging from accusations of propagating witch-hunt hysteria as a means of driving people back to church to open condemnation of being slow to speak out against spectral evident brought against the witches. Spectral evidence referred to the afflicted people's testimonies which incriminated the alleged witches; the afflicted claimed they saw apparitions of certain people who were causing the affliction i.e. witches. The most significant questions that arise when talking about the Salem alleged cases of witchcraft are, why did so many cases occur?, and secondly, what common traits can be identified among these cases? In order to be able to answer these two questions, one must turn their attention to several factors such as religious ideology, political and social context, as well as the profile of the accused and the accusers, and last but not least, what these accusations entailed and how they were responded to."
Tags: witch persecution death hanging superstition religion trial court apparitions church puritans execution calvinists, satanic affliction, possession
Abstract This paper discusses why globalization and the growing ethnic populations in the US have made it increasingly necessary for today's social service workers to be culturally competent. The paper presents the National Association of Social Workers ten standards of cultural competence. The author then defines cultural competence and its role and importance to a social services worker. The paper includes anecdotes from social work professionals to highlight various points. The author concludes that being culturally competent enables the social worker to provide better serives to the client.
From the Paper "A stereotype, however, would be a situation where someone would say, "Mexican women often express their pain loudly." If there is a Mexican patient who is complaining loudly about her pain and I the nurse ignores her, thinking, "Don't worry; Mexican women express their pain loudly," then she is guilty of stereotyping. If, on the other hand, she knows in general that female Mexican patients often express themselves this way, she would check with the family to see if this particular woman is vocal when in pain and follow up by checking her complaint (Galanti, 23). "
Abstract This paper reviews the instruments and tools that can be used to measure delivery of culturally competent/sensitive nursing care. The paper discusses the purpose of cultural competency training to improve the health care of ethnic minorities. The paper also investigates the application of culturally competent nursing to all areas of patient care. The paper concludes with an evaluation of the usefulness, validity and reliability of the instruments and tools.
From the Paper "Thom reports that cultural competency training is being widely promoted as a means to improve the quality of health care for ethnic minorities. However relatively little..."