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 reports that the project used a shorted version of the case scenario than the Bornstein experiment and manipulated the variable of remorse in three different ways. The author points out that the research scenarios varied in that the defendant either (1) makes no mention of remorse, (2) expresses remorse at the time of death and at the trial or (3) denies feeling any remorse for the death of the patient. The paper relates that the subjects decided how much money to award the plaintiff and rated their perception of the defendant and the level of suffering of the plaintiff. The author confirms that denial of any remorse condition resulted in the largest amount of money awarded to the plaintiff and had the most negative effect on the jury's opinion of the defendant. The paper states that the participants did not differ significantly by gender. The paper includes several color graphs.
Table of Contents:
Abstract
Table of Contents
Introduction
Bornstein Experiment
Research Experiment
Methods
Participants
Materials and Design
Procedure
Results
Condition of Remorse
Gender
Gender vs. Condition of Remorse
Discussion
From the Paper "Remorse can be an effective way to deal with mistakes made in everyday situations. The simple expression of an apology can alleviate tensions between the victim of a crime and the party responsible for the grievance. Apologies are a social function of Canadian and American culture. Apologies help individuals and society accept and deal with the consequences of mistakes. They are reinforced with approval and acceptance as people mature throughout their lives. Many of the mistakes made in everyday social interactions can be resolved with a simple apology from the responsible party."
Abstract This paper provides an overview of Raytheon, an analysis of the strategic management views of Gary Hamel and C. K. Prahalad compared to Michael Porter's views as discussed in Graham Beaver's 1998 case study, "Raytheon: Defender of the Rainforest," a discussion of how Raytheon can achieve a competitive advantage in the environmental protection industry in light of its defense-related focus in the past, followed by an evaluation of the future role of strategic innovation at Raytheon. A summary of the research is provided in the conclusion.
From the Paper "Strategic management has received much attention over the past few decades, due in large part to books by Michael Porter and Stephen Robbins that provide a number of frameworks for leaders to use to help guide their organizations through these changing times. In the case of Raytheon, this strategic management has been focused on responding to opportunities and in some cases, creating opportunities, by concentrating on their core competencies. In the case of Raytheon, however, it would seem that these core competencies are not so much the strategic planning involved, but rather the ability to jump on a chance when it comes along and through positioning itself according to the demands of the markets it serves."
Abstract The paper contains two mini-essays which deal with whether convicted defendants have the right to DNA testing. Each essay takes a different position. The essays talk about whether DNA testing is a due process issue, whether Congress should play a role in deciding whether or not DNA testing should be nationalized and if it should be governed by federal statute or by the states.
From the Paper "The ability of a convicted defendant to secure DNA testing should be a due process issue. The Constitution of the United States says that no person should be deprived of life liberty of property without due process of law. Due process is defined as: "A legal concept that ensures the government will respect all of a person's legal rights instead of just some of most of those legal rights, when the government deprives a person of life, liberty, or property. Due process has also been interpreted as placing limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty" (Wikipedia 1). To guarantee fundamental fairness, convicted defendants should be able to prove their innocence through DNA testing. The Wikipedia encyclopedia goes on to state that there are two types of due process, substantive and procedural."
Abstract This paper explores the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. After examining a representative sampling of the available legal record, the writer concludes that - in both civil as well as criminal law - every effort is undertaken to protect defendants from evidence being admitted that might unjustly prejudice them in the eyes of a judge or, more likely, the eyes of a jury. Along the way, the paper looks at how judges have grappled with the challenges posed by new information-collecting technologies as they pertain to the issue of what is, and what is not, an appropriate document as well as what the legal concepts "trustworthiness" and "Best Evidence Rule" really mean - and what their implications are for defendants. From there, the paper proceeds to enter into a discussion of the Canadian Charter of Rights and Freedoms and how it protects defendant prerogatives.
From the Paper "Generally speaking, the admissibility of documents in Canadian courts is more open to interpretation than ever before; for example, by the 1990s there was a growing trend towards trial judges exercising discretionary power with regards to what documents should be ruled admissible in courts and which ones should not be admissible. What should not be overlooked in all of this is that justices are making these determinations at a time when technology is changing the way in which technology is stored dramatically."
Abstract This paper presents a scenario in which Socrates is given the opportunity to be re-defended at his trial. The slate is wiped clean and the jurors are not unbiased about his past trial or life. The writer of this paper takes the position of the defense attorney and defends Socrates.
From the Paper "Ladies and gentlemen of the jury; we are here today to determine the guilt or innocence of Socrates. Socrates is by any standard a unique individual. He speaks of ideas that we have never heard of. He travels the city expounding on theories that are scary to think about much less listen too and he seems to attract the youth to his teachings as easily as a moth is drawn to a flame. We are not here to determine whether or not Socrates is an outcast if you will, or a man who does not fit in with society. We know that he doesn?t fit in. We are only here to determine whether or not he committed the crimes that he has been charged with in this trial. The charges involve going against the city's religions as well as corrupting the minds of the young."
Abstract This research paper discusses whether juvenile defendants in criminal or civil proceedings in California have the right to defend themselves (in propria persona or pro per, sometimes referred to as pro se) and, if so, on what conditions.
From the Paper " Juveniles as Pro Pers in California
This research paper discusses whether juvenile defendants in criminal or civil proceedings in California have the right to defend themselves (in propria persona or pro per, sometimes referred to as pro se) and, if so, on what conditions. Since the decision of the United States Supreme Court in Faretta v. California, 422 U.S. 866 (1975), defendants in state criminal actions have been held under the Sixth Amendment to the United States Constitution to have a right to defend themselves without the benefit of counsel, provided that the court involved has satisfied itself after inquiry that the defendant has made an intelligent and knowing waiver of his or her right to be represented by counsel. This right of self-representation has been acknowledged by California statutes and the case law to..."
Abstract This paper addresses the legal grounds under which a plaintiff can file a lawsuit against the pharmaceutical industry, and how the pharmaceutical industry can best answer the claim. Through addressing these issues, it shall be made clear as to which rights the plaintiff (consumer) has, and which rights the defendant (pharmaceutical industry) has within the court system. This paper shall use the case of the drug Tambocor in the 1980s and the early 1990s to better define the limits of the laws for both plaintiffs and defendants.
Abstract This paper looks at the concept of the plea bargain, a method of agreement made between the prosecutor and the defense by way of which a defendant would be in a position to plead guilty to charges of criminality. It discusses how there are two methods of plea bargaining, namely, charge bargain and sentence bargain. It debates its pros and cons and looks at how opponents of plea bargaining argue, on moral terms, that a trial would prevent the inherent dangers being faced by a defendant. It also show how supporters of plea bargaining want the speedy disposal of cases for the economic benefits of preventing costs.
From the Paper "The most common advantage of entering into an agreement of plea-bargaining is that it enables the defendant to be in a position to receive a reduced judgment for a case, which is less severe. It also has the advantage of preventing the case to go through a long procedure of trials and after such a long procedure if the result is a loss, this can be prevented in the event of plea-bargaining. At the same time, huge expenses on attorney fees can be reduced as a result of this. Going through the long procedures of trial would invoke stress for the defendants, and in the case of plea-bargaining, this can be prevented. A defendant's record would be found much better when the charges are reduced or when the number of charges are either dropped, than the results, which might follow after going through the trial."
Abstract This paper examines the link between two airlines - Southwest Airlines and Lauda Air and the business-level adaptive strategy model originally conceived by Miles and Snow. It positions the two airlines within the model, stating their strategic characteristics as a defender, prospector or analyser. Comparisons are made between the styles and products of the two airlines. The benefits of using benchmarking principles to improve financial and commercial performance is also discussed.
Outline
The Miles and Snow Typolopgy
The Defender The Prospector
The Analyser
Southwest Airlines
A Cut-Price Airline
Robbins' (1994) Evaluation of Southwest
Benchmarking Southwest's Performance
Lauda Air
An Innovative Carrier
Driving the Future
Benchmarking Lauda Air's Performance
Conclusion
From the Paper "The defender strategy is generally used by businesses in a stable, established industry environment, or an environment viewed as that by the company. Defenders pursue permanence and strength by focussing on a specific product for a specific market. Businesses using this type of strategy act aggressively to defend their product, preventing new competition to penetrate their niche market (Robbins, et. al., 1997). Defenders are often ignorant towards industry developments, primarily focussing on their own product and improving it's own efficiency. Therefore, defenders are subject to minimal growth and innovation, but increased efficiency."
Abstract This paper examines how, in recent years, there has been a marked increase in litigation related to recovering damages for emotional distress -- a kind of damage that is not measured by the extent of physical harm to an individual, but instead, measured by the extent of emotional and psychological harm inflicted upon an individual. Unlike determining the extent of physical harm, determining the extent of emotional distress or pain and suffering presents its unique share of challenges - particularly with regard to determining if, indeed, an individual has been inflicted with emotional distress and if that individual merits relief from the defendant or defendants. This paper looks at how assessing the nature and amount of relief to be awarded to the plaintiff also presents challenges to the judicial system.
From the Paper "The United Kingdom's judicial system it appears has taken steps to clearly define the criteria for nervous shock. For example, it has been determined that "the plaintiff cannot recover for experiencing normal human emotions such as the grief experienced when a loved one dies." There must be more than just an emotional response to a sudden and saddening event. See MIM v. Pusey, [1970] 125 CLR 383 at 394-395. With the shift of judicial decisions on emotional distress cases in the U.S. toward a generally "moderate" stance, it seems that the courts in the United Kingdom are also ruling on such cases - in particular on nervous shock cases - with more leniency and flexibility."
Abstract The paper details the practical experience the writer has gained by working for a public interest community-oriented law firm focused upon advocating social justice. This experience convinces him/her that law firms can ensure justice for all by empowering the victims of injustice. As an intern at this law firm, the writer has seen our attorneys defend the rights of people who have been treated unjustly by landlords, financial institutions, the police, adoption agencies, corporations and businesses. Most importantly, the writer has seen that if public interest law firms don't defend the poorest victims of injustice, no one will.
Abstract The paper explores whether children should be sentenced to adult sentences for their crimes and whether the same sentencing rules must apply across the board. The paper discusses the case of Lionel Tate who claims to have accidentally killed a six year old and the case of Derrek and Alex King who admitted to killing their father purposely. The paper shows how the sentences were vastly different; a life sentence without the possibility of parole for Tate while the King boys are in a juvenile detention center only until they are 21 years old. The paper notes the different color of skin of the defendants, as well as whether they had a public defender or a paid attorney on their side.
From the Paper "The nation has been horrified in recent years due to children committing adult crimes. Whether it is the Columbine case, a teen murdering his father or a teen killing a child, the idea that children are now capable of such violence is almost more than the mind can fathom. Yet every year there are cases in the news. The outcome of a case in which a minor is involved is often a bone of contention in debates. Should children be sentenced to adult sentences for their crimes and if so should the same sentencing rules apply across the board?"
Abstract This paper discusses the case of Raskolnikov, who committed murder, but was found not guilty by reason of insanity. The paper presents the case in the form of the opening statement of the defendant's lawyer. It discusses the particulars of the case and then looks at the prosecution's allegations against Raskolnikov. The paper briefly looks at similar cases where the defendants were also found not guilty by reason of insanity.
From the Paper "In1843 Daniel McNaughtan harbored the delusion that Prime Minister was persecuting and stalking him. He then in turn stalked and killed the man's secretary, whom he mistook for the Prime Minister. The jury found him not guilty by reason of insanity because he suffered from paranoid as delusions (Freedman 1983). This delusion seems to parallel Raskolnikov's own, whereby Raskolnikov fixated on the pawnbroker as an evil representation of all his problems, of all the world's ills. The defendant was convinced that his validation as a worthy man would be established, if she was dead, and this would free his family and the world. How could he possibly be worthy of his sister's and mother's love, except if he were a Napoleon? In his brain-feverish state he also believed that he could use what he stole to help others, help the world, again, with delusions of moral grandeur."
