Friday, May 22, 2020

Essay Dual Court System - 1094 Words

Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nations founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in†¦show more content†¦For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual misconduct may be pleaded out as assault. Such a plea, which takes advantage of the fact those indecent liberties, can be thought of as a form of sexual assault, would effectively disguise the true nature of t he offense. Law and order advocates, who generally favor harsh punishment and long jail terms, claim that plea bargaining results in unjustifiably light sentences. As a consequence, prosecutors who regularly engage in the practice rarely advertise it. Often unrealized is the fact that plea bargaining can be a powerful prosecutorial tool which can be misused. I think that plea bargaining is acceptable practice used in todays criminal justice system because it results in a quick conviction without the need to commit the time and resources necessary for a trial and judges accept pleas which are result of bargaining process because such pleas reduce the workload of the court. Q3. What is an expert witness? A lay witness? What different kinds of testimony might they provide? What are some challenges of expert testimony? A. An expert witness is a person who has knowledge and skills recognized by the court as relevant to the determination of guilt or innocence. Lay witness is an eyewitness, character witness, or other person called upon to testify who is not considered anShow MoreRelatedA Dual Court System Essay976 Words   |  4 PagesHistory of Courts Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized mannerRead MoreCourt Systems1203 Words   |  5 PagesCourt System Introduction The purpose of this paper is to make the reader aware about the significance of the history of judicial system prevailing within the premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developmentsRead MoreCrjs300 Theory and Practice in Courts1084 Words   |  5 PagesUnit 3: Theory and Practice in Courts Stacey Pedroza CRJS300-1203A-04: Proseminar in Criminal Justice Professor Samantha Carlo AIU Online University June 24, 2012 Theory and Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy ofRead MoreThe Court System Of The United States1071 Words   |  5 PagesThe courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justiceRead MoreHistory of the US Court System1233 Words   |  5 PagesMajor Historical Developments in U.S. Courts Introduction Today, the court system in the United States is comprised of a vast and far-flung network of state and federal courts that adjudicate millions of cases each year, but this dual court system has not always been in place. The dual court system of federal and state courts that is in place today is the result of a number of historical developments in the U.S. courts over the years. This paper provides a review of the relevant literature toRead MoreCourt History and Purpose873 Words   |  4 PagesTERESA MORALES Court History and Purpose People in the United States attend court every day for different many reasons. Those reasons could be for traffic violations, civil law suits, or for unlawful criminal acts. No matter what they are all handled and disputed in a court of law. Courts are empowered to make fair and binding decisions upon the facts that are received. There are two types of courts; civil court and criminal court. It is very important that people understandRead MoreCourt Systems1096 Words   |  5 Pagesnations legal system should work, they were determined we should have a country that operated differently and more effectively than the one left behind in the days of British control. They decided that states should have the power to make and govern their own laws and also the ability to enforce those laws. This did not eliminate the need for federal court systems, however, and so the dual court system was born. The dual court system is the formal name for the way our countrys legal system works. Read MoreThe Historical Development of the US Court System816 Words   |  3 PagesDescribe the Historical Development of the US Court System Over the last 224 years, the US court system has been continually evolving. At the heart of these changes, is the belief that the Constitution establishes basic practices that must be followed at all times. This has led to the development of a legal structure that is based on case precedent and oversight (which are augmented with constitutional ideas). The combination of these factors has meant that the judicial branch is continually transformingRead MoreThe Supreme Law Of The Federal Court System Essay1292 Words   |  6 PagesUnited States the court-system operates as a dual-court system. The responsibilities of the State and Federal Courts share the responsibility of determining law based on specific jurisdictions. The principle of federalism was born out of the necessity to balance the powers of the states by creating a federal government whose authority constituted the supreme law of the land. Proponents of court reform have been looking for court unification to streamline t he judiciary system to combine overlappingRead MoreCja/224 Court History and Purpose Paper1201 Words   |  5 PagesCourt History and Purpose. The courts are a critical component of American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, Worrall, 2011). Succeeding in liberation and independence is difficult

Friday, May 8, 2020

Societys True Nature Depicted Through Albert Camus the...

In Franz Kafkas enigmatic novel The Metamorphosis, Gregor Samsa lives the life of a bug. The traveling salesman awakens one morning to find himself incredulously transformed into a â€Å"monstrous vermin.† At First, Gregor is apathetic towards his â€Å"metamorphosis† and immediately begins describing his room and slight discomforts in great detail. At the same time, Gregor incessantly comments on unimportant aspects of his – almost dismissing the fact that he is now a cockroach. When his family starts knocking on his door, Gregor immediately begins conjuring scenarios in which he imagines that his family genuinely cares for him. This illusion is soon shattered after the reader is exposed to the true nature of the Samsas. Gregors metamorphosis†¦show more content†¦Lastly, Gregors transformation itself is ironic. A metamorphosis suggests ascension into a higher form; but in Gregors case, he has devolved into one of the most insignificant form that comes t o mind – a cockroach. However, Gregors bug form is simply an illustration. After close analysis, it can be said that Gregors metamorphosis is his inner state surfacing into the physical world. With that said, one can come to the conclusion that Gregor has always been a bug and has been alienated from his family prior to his transformation. The Samsa family loses faith in Gregor recovering (as if they ever had any) and begins discarding remnants of his past. Gregor is addressed as â€Å"it† (Pfeiffer 55) later in the book when his family dehumanizes him. Reading about how Gregor and his family are so alienated from one another that they do not see it is powerful on its own, but seeing Kafkas message and understanding how people live in a world not too different from Gregors is a harsh truth that only a handful of people come to realize. All in all, Gregors metamorphosis symbolizes the alienation, which has always (and may always) exist. It is a powerful symbol that reve als how alienated people are from themselves and society in its entirety. After reading Kafkas The Metamorphosis, one cannot help but question whether his own life is real - or a deviation that has spawned and thrived in the alienated society man has given birthShow MoreRelatedThe Absurdity Of Existence Of The Book The Metamorphosis By Franz Kafka And The Stranger 1732 Words   |  7 Pagesparticularly in the two novellas, The Metamorphosis by Franz Kafka and The Stranger by Albert Camus, ideas of absurdity are employed to analyze human nature and discover the true meaning of life, and death. Through the questioning of societal boundaries, both of the authors implement philosophy into their writing through their separate and unique styles. The Metamorphosis and The Stranger describe the transformation of young men who journey through life while discovering their true purposes. The belief thatRead MoreAbsurdity Between Kafka and Camus4307 Words   |  18 PagesThis paper seeks to compare and contrast the philosophical views of two great philosophers, namely Albert Camus and Franz Kafka. The works involved in this argument are Kafkas The Metamorphosis and Camus The Outsider. The chief concern of both writers is to find a kind of solution to the predicament of modern man and his conflict with machines and scientific theories. Death, freedom, truth and identity are themes to be studies here in the sense of absurdity.    Kafka was born in Prague in 1883.

Wednesday, May 6, 2020

Mothers Who Work and Attend College Free Essays

There has been a debate on the previous years on whether sociology must be regarded as a science or not. Experts had presented their stand and study why sociology is a science and why not. Many of them started by defining what science, what comprises a science, and what can be called and claimed scientific. We will write a custom essay sample on Mothers Who Work and Attend College or any similar topic only for you Order Now Even in our early school days, science by definition is the logical activity of observation, identification, description, experimental investigation, and theoretical explanation of phenomena. Science is a big scope of study and therefore must be divided into categories. So, the branches of science appeared. Early sociologists fought to establish sociology as a science. Their main argument is on the methodology used in sociology that is for them, is a science. According to Comte, like what is observable methodologies in science, are what sociology has. Scientific methodologies such as observation, experiment, comparison and historical research are all present and used in sociology. For him, if sociology uses these four methodologies which are common to scientific methodologies then, a strong claim for sociology as a science must be recognized. But because Comte did not execute an experimental research about this, then his claim was not valid. The argument of Comte approached Durkheim. Durkheim made the claim that sociology is a study of social facts, that is â€Å"a thing that is externalto, and coercive of, the actor† (http://www.human.nagoya-u.ac.jp/~iseda/works/soc-sci.html) Durkheim introduced a thing that he called externalto in his claim to make sociology as a science. He deepened what Comte cannot explain. His argument is that, social facts cannot be explained by the detailed mental examination of your own feelings, thoughts, and motives because social facts are external. Durkheim did an experimental research on suicide to support his claim. Suicide has been a global social problem. Suicide happens for a total of 90 countries around the world. Wasserman (2005) cited that, â€Å"Lithuania has the highest suicide rates per 100, 00 young person aged 15-19 in 90 countries with 23.9 in 2002.† Durkheim included statistical analysis on suicide rate. By that, the goal is a have a support for the claim that suicide is a social phenomenon. The predictions did not agree with statistical data. Durkheim rejected the alternative hypotheses. The attempt of Durkheim to present an empirical result was admired though it faced several problems. The falsification criteria did not work because Durkheim resulted to very strict criteria. Consequently, precise predictions are hard to achieve and/or gain based on sociological theory. Others argued to the work of Durkheim that conflicted on his definition of suicide and his removal of introspection in the methodology. Suicide for him is any cause of death that the executor knows that death is the result. Many questioned that if introspection is not present, how can the executor knows that the result of his/her action which is suicide, is death? Weber also attempted to provide explanation and support in making sociology as a science. Unlike Durkheim, Weber used introspection. According to him, the understanding on other people’s motivation is needed for it necessary for sociology. This understanding can be attained through introspection. But this was never easy to be presented as a science. A strong falsification was given to interpreted facts. Philosophers of science explained that interpreted facts cannot be run to the theory because anyone can give his/her interpretation. There is a way for sociology to be known as science. It is when the provided criteria are not too strict, and when minimal possibility of falsification is presented. Works Cited â€Å"Science† American Heritage Dictionaries. Retrieved November 5, 2007, from (http://www.answers.com/topic/science) â€Å"The Case for Sociology as a Science† Retrieved November 5, 2007, from (http://www.human.nagoya-u.ac.jp/~iseda/works/soc-sci.html) Max Weber. â€Å"Sociological Writings.† (1994) Retrieved November 5, 2007, from (http://www.marxists.org/reference/subject/philosophy/works/ge/weber.htm) Wasserman, D., Qi Cheng, Guo-Xin Jiang. â€Å"Global suicide rates among young people aged 15-19† World Psychiatry (2005) 4(2): 114–120. Retrieved November 5, 2007, from (http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1414751)       How to cite Mothers Who Work and Attend College, Essay examples

Tuesday, April 28, 2020

Year Round School Makes Sense free essay sample

One downfall is the difficulty students have retaining knowledge and information from the previous year. Typically, teachers spend the first six weeks of the new school year reviewing material from the last instead of moving on to the new material. The department of education has indicated the need for change. According to the Education Secretary Arne Duncan, President Barak Obama has called for a longer school year to help American students compete with students around the globe (Dessoff, 36). The future of America is in the hands of today’s youth. Students that attend year round schools are at an advantage over students that attend traditional schools in the area of knowledge retention and access to quality teaching staff. The traditional school schedule is out-dated. Summer vacation finds its roots in farm life. In years past, children would attend school in the months that parents could spare their help. When school let out for the summer, many students would trade in their formal education for one more practical, yet just as important. We will write a custom essay sample on Year Round School Makes Sense or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The schedule made sense then, but fast-forward to today’s society. Less families farm and the ones that do don’t rely as heavily on manpower, especially their children. Those who oppose year round schooling argue that summer camps and family vacations are an important part of growing up and would be missed if summer vacation were done away with (â€Å"Leave Those Kids Alone: The Case For Long Summer Vacations†, 5). Summer camps can provide employment and experience for both high school and college students. They can also be seen as a supplementary avenue in learning and social opportunities for students. However, due to he increasingly high cost of summer camps they are limited to those that can afford them, leaving an educational gap between the children who are privy to such experiences and those who are not. So while some children continue their education at summer camp, others are left in front of the television with nothing to do. Studies show that in low-income areas year-round schools help children to retain information, which i n return improves their test scores (Huebner, 34). Test scores are the method by which schools and teachers are evaluated. Children in low-income families are less likely to have as much access to educational programs and tools in the home. In order to help these children, many year round schools also offer remediation programs during the breaks. Consistent class times and a steady teaching staff are assets to students and assist them in retaining knowledge. The well known year round school formats are: single-track, multi-track, and extended year. The single-track format tends to be the least expensive in terms of schools making the change from a traditional calendar year. It also seems to be the easiest for families to adjust to. 90% of year round schools are on a single-track schedule (Dessoff, 36). The single-track schedule refers to one student body attending the same schedule throughout the entire year. Students attend school at least 180 days over one year’s time period with shorted breaks. This is different than the traditional calendar that contains one short winter break, one short spring break, and an extended summer break. Year round schools on a single-track tend to attract teachers. Some even have a waiting list for teachers anxious to get into the classrooms (Ballingall, 28). Many who teach year round find enjoyment in the sporadic vacation breaks. This not only allows them to better enjoy the different seasons, but also provides time to regroup and rest. Healthy, rested, happy teachers can mean less money spent on substitute teachers and sick pay. Multi-track refers to two or more groups of students attending the same school on two different schedules; while one group of students is on break, another is attending school. This method would be the most cost effective for the school districts that have outgrown their buildings and are in need of new construction (Watkins, 465). Under the multi-track plan there are several options including 45/15 and 60/20, meaning 45 days in school and 15 days off or 60 days in school and 20 days off. Not only can the multi-track plan save on construction but also saves on maintenance and staffing costs. However, there are downfalls to the multi-track method. The biggest downfall would most likely be the increased probability of teacher and administrative burnout. To contend with burnout, one Superintendant compared the way in which hospitals operate to that of a year round school. He mentions that doctors care for their patients, but each day they must clock out and trust the next shift of professionals to carry on with their patients. Similarly, teachers and administrators on year round schedules must be willing to relinquish control in order to avoid burnout. Extended year only differs from a traditional schedule in the number of days scheduled. Typically extended schedules tack on 20 additional days per school year. Each school district must decide which schedule best suits the needs of their community. For areas that are predominately low income, year round schools seem to be the best solution. For schools in extreme climates it may not be a good option. Extremely warm climates may suffer from the additional air conditioning costs. Extremely cold climates may suffer from extremely high heating costs. However, for the majority of America, the savings in one season offsets the additional cost of the other. In all areas, America must continue to evaluate the system on which the future depends so heavily.

Thursday, March 19, 2020

Madbury vs. Madison Essay Example

Madbury vs. Madison Essay Example Madbury vs. Madison Essay Madbury vs. Madison Essay President Adams appointed William Marbury to the position of justice of the peace in 1801. However, Marbury failed to receive his commission before the end of the Adams Administration. The new Jefferson administration had ordered the secretary of state (James Madison) not to deliver Marburys commission. By the Judiciary Act of 1789, Marbury sued Madison in the Supreme Court seeking a writ of mandamus forcing Madison to deliver Marburys commission.Issues: 1) Whether Marbury has a right to his commission. 2) Whether the law supplies a way to realize this right. 3) Whether the Supreme Court can lawfully issue a writ of mandamus to Madison. Reasoning: (Marshal) 1) Marbury does have legal right to his commission because it was issued by the President and sealed by the Secretary of State. This is confirmed by the act of 1801 when Marburys position in office was created and confirmed by the senate. ) Once Marbury was appointed to office, the position was signed and sealed, thus completing the appointment process. Denial of commission then becomes a violation of the law. It is not in the Presidents discretionary power to deny this commission. Thus, a remedy may be realized in the form of a writ of mandamus. 3) Issuing a writ of mandamus would be in conflict with original and appellate jurisdiction. The writ of mandamus demands an original action by a court of law, forcing an officer of the government to perform some specific duty.However, Article III section 2 of the Constitution limits the Supreme Courts jurisdiction to cases concerning foreign ambassadors, other public ministers, and consuls, and to cases in which the state is a party. Neither Marbary nor Madison are a party to any of those categories. Significance: This case is significant because it is the first example of the Supreme Court exercising judicial review to deem a provision of federal law as being invalid.This decision set into place the doctrine of judicial review. This gives the Supreme Court the authority to declare statutes unconstitutional. Thus, legislature can not pass laws contradictory to the constitution. Because it is the Supreme Courts role to interpret laws and resolve conflicts between them, the Supreme Court must have the power to interpret the Constitution and decide if a law passed conflicts with it. Marshall exercised a great deal of constitutional logic when exercising the judicial review.

Tuesday, March 3, 2020

A Look at Feminist Utopia and Dystopia Literature

A Look at Feminist Utopia and Dystopia Literature Feminist Utopia Feminist utopia is a type of social science fiction. Usually, a feminist utopia novel envisions a world in stark contrast to patriarchal society. Feminist utopia imagines a society without gender oppression, envisioning a future or an alternate reality where men and women are not stuck in traditional roles of inequality. These novels are often set in worlds where men are entirely absent. Feminist Dystopia Often, a feminist science fiction novel is more of a dystopia. Dystopic science fiction imagines a world gone terribly wrong, exploring the most extreme possible consequences of current society’s problems. In a feminist dystopia, the inequality of society or oppression of women is exaggerated or intensified to highlight the need for change in contemporary society. Explosion of a Subgenre There was a great increase in feminist utopian literature during the second-wave feminism of the 1960s, 1970s and 1980s. Feminist science fiction is often seen as more concerned with societal roles and power dynamics than the technological advances and space travel of â€Å"typical† science fiction. Examples Early feminist utopias: City of Ladies by Christine de Pizan  Herland by Charlotte Perkins Gilman Contemporary feminist utopia novels: Works by Marge PiercyThe Wanderground by Sally Miller Gearhart Feminist dystopia novels: Walk to the End of the World by Suzy McKee CharnasThe Handmaid’s Tale by Margaret Atwood There are also many books, such as Joanna Russ’ The Female Man, that explore both utopia and dystopia.

Sunday, February 16, 2020

Mark-to-market accounting Assignment Example | Topics and Well Written Essays - 250 words - 1

Mark-to-market accounting - Assignment Example Another benefit for companies of using such accounting treatment is the recording of unrealized gain on mark to market of financial assets e.g. in the case of investment in shares, the unrealized gain would be the difference between the cost price of those shares and the market price of those shares on which it is currently being traded in the stock market. Mark to market accounting is criticized now and then based on the fact that at times it is quite complicated to accurately determine the fair value of a particular asset or liability. The fair value of financial assets is liabilities are based on the expected income or expense in future periods. Uncertain and volatile economic condition can be major hindrance in forecasting such values. 2) For mark to market accounting it is very essential for trading to be in practice as the buyers and sellers are the two factors who determine the fair value of the assets and liabilities. In times financial crises trading is minimal and the markets are destabilized. The companies, during financial crises, have losses to report on in their P&L statements as the fair value of their assets has decreased below their cost price. Recording of such losses erodes the equity of companies which significantly reduces their asset holding capacity. Since every company in the economy practices mark to market accounting, the affect of economic downturn prevails throughout and the business cycle takes a down turn which causes further exacerbation. The banks and financial institution are affected the most as their balance sheet comprises mostly of financial assets. As a result, bankruptcy, large- scale fire-sale of assets and layoffs takes place. 3) During financial turmoil, relaxation in the requirement of mark to market by the regulators can certainly be a boost for the companies facing financial difficulties. Instead of valuing the assets based on the fair value in the market, the company should be allowed to use