Trials and Verdicts

The important result of the legal decision-making process is the verdict which can end the trial process and state the form of punishment for the convicted person.Advertising We will write a custom research paper sample on Trials and Verdicts specifically for you for only $16.05 $11/page Learn More However, to understand the details related to interpreting the cases and law and to stating the verdict, it is necessary to analyze the processes related to different courts according to their jurisdiction, and to focus on the real-life examples in order to discuss the problems of accepting a plea bargain and of being wrongly accused. The question of the court’s jurisdiction is discussed when it is necessary to select which court can decide on the certain case appropriately. Following the Felkner v. Jackson case, it is possible to state that different courts are effective to discuss concrete issues and decide on the aspects of the case, but the process of the case resolution can be rather long and complicated. In 2011, Steven Frank Jackson was convicted of many sexual offenses. However, Jackson referred to the Batson v. Kentucky case, and focused on the issue of racism in relation to the California jury who discussed the case. Jackson’s petition was accepted and examined by the California Court of Appeal, and then the California Supreme Court decided according to the court’s jurisdiction to reject the necessity of the case’s review (Felkner v. Jackson, 2011). Nevertheless, the case was not unresolved even in relation to the Federal District Court. In this situation, the Supreme Court took the jurisdiction to provide the decision, and the previous courts’ decisions were defined as unreasonable. Finally, it is stated by the Supreme Court of the United States that the petition â€Å"for certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Court of Appeals for t he Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion† (Felkner v. Jackson, 2011). As a result, it is possible to note that the decision to discuss the case in the Supreme Court of the United States is appropriate because of the necessity to resolve all the controversial points of the case which cannot be resolved in the other courts.Advertising Looking for research paper on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The cases when the defendant accepts a plea bargain as an alternative to trial are also very controversial and complicated because this decision can be associated with a kind of pressure from attorneys and prosecutors. Furthermore, the defendant can change his or her decision during the process. Thus, to discuss the question in detail, it is necessary to focus on the Freeman v. United States case (2011). William Freeman was convicted of different crimes associated with drug trafficking and drug delivery. However, Freeman decided to develop the plea agreement under Fed. R. Crim. P. 11(c)(1)(C). The agreement meant that Freeman could plead guilty depending on receiving a specific sentence. The case was rather complicated, and it was decided in 2011 that referring to 18 U.S.C.  § 3582(c)(2), the sentence could be reduced â€Å"for the offense to which the defendant pled guilty† (Freeman v. United States, 2011). In spite of the fact that the plea agreement does not mean the alternative to the trial, the case is important to be discussed to decide whether or not justice was served. Referring to this concrete case, it is possible to state that the justice was served because the severity of crimes should be taken into account every time when the possibility of the plea agreement is discussed. The most problematic cases are those ones in which defendants are wrongly accused and later vindicated. One of the most famous case s is the case associated with the famous sportsman Brian Banks who was convicted of raping Wanetta Gibson. Brian Banks accepted a plea bargain because of the threat to be imprisoned for more than 40 years. However, in 2011, it became possible to state that Banks was not guilty, and he was vindicated. The most important aspect to be discussed in relation to the case is the fact that Wanetta Gibson lied during the first trial process in order to receive the significant financial compensation (Powers, 2012). The decision of the court could be different, but the lawyers failed to prove or not Gibson’s words. That is why, these details affected the whole trail process, and Brian Banks had to accept the plea agreement in order to avoid being imprisoned for a long period of time.Advertising We will write a custom research paper sample on Trials and Verdicts specifically for you for only $16.05 $11/page Learn More In spite of the fact, the United Statesà ¢â‚¬â„¢ legislative system should contribute to the people’s welfare and protection, there are many controversial verdicts and trials which can influence the statement of the principles of justice in the country. From this point, it is necessary to pay much attention to the controversial aspects and issues discussed during the trial processes in order to resolve cases in the appropriate courts with the focus on their jurisdiction and to avoid the ineffective decisions which can lead to the unalterable consequences. As a result, all the details of the case should be taken into consideration to decide on the person’s guilt and possible verdict. References Felkner v. Jackson. (2011). Retrieved from https://www.supremecourt.gov/opinions/10pdf/10-797.pdf Freeman v. United States. (2011). Retrieved from https://www.supremecourt.gov/opinions/10pdf/09-10245.pdf Powers, A. (2012). A 10-year nightmare over rape conviction is over. Retrieved from https://www.latimes.com/local/la- xpm-2012-may-25-la-me-rape-dismiss-20120525-story.html This research paper on Trials and Verdicts was written and submitted by user Alfonso Fletcher to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Zen in the Art of Archary essays

Zen in the Art of Archary essays As I sat around thinking of how I could answer this question, I realized that I had never experienced the feeling where I lost my ordinary sense of self-consciousness that Eugen Herrigel describes. I can come up with numerous occurrences in my life where I lost track of time, but not the loss of self-consciousness as well. I would imagine it must take vigorous training to learn this skill of such magnitude. Of course there are instances when I have become very relaxed where I just think to myself and lose track of my surroundings. However, to me this state of mind is more of a daydream state, which everyone has. It is still very far from losing your self-consciousness, because even with that feeling I can still say that I am thinking in terms of I and not in terms if IT. I cant say that I have ever felt this outside force of IT that Eugen mentions. Nevertheless, the closest occurrence I can think of is when reading a book, in which I am very interested. When I get into this s tate of mind I began to truly enjoy the experience, doing so with extreme focus on the text. This is the best example I can supply that contributes to a very concentrated state of mind. The book example came to mind because I felt there were similarities in the activities that led to the Zen state that Herrigel explained. When indulging in a great book I can feel myself getting caught up with every word, and hanging on to every little detail. I can read a textbook and have minutes feel as hours. When reading a great book time can just fly away, and I can feel myself becoming one with the book, where its no longer me reading but experiencing the words. I also feel this book example can relate to Eugen since he as well had to exemplify great focus in his breathing and in his form. However, I feel that it does not relate because, when reading a book, there is no need for me to achieve a purposeless ...

Magical journeys are used as a metaphor for internal liberation in the Research Paper

Magical journeys are used as a metaphor for internal liberation in the works of Remedios Varo and Leonora Carrington - Research Paper Example Style of Art A.  The use of the surreal as a part of the imagination to gain freedom, even inside of walls (Varo) B.  The use of the surreal as magic to move into the unknown and beyond to find freedom (Carrington) V. Conclusion   Introduction The creation of expression through art is one which is based on creating specific topics and themes that provide insight through the artist. When looking at the works of Remedios Varo and Leonora Carrington, it can be seen that there is a specific set of attributes that are defined with their works. These are based on expressions and personal beliefs of both of the artists. The artists use magical journeys as a metaphor for internal liberation through various works. Examining the magical journeys as well as how it relates to the liberation is one which redefines the expressions and concepts that are associated with the artistic works and the beliefs in which both of the artists carry. Background Information Remedios Varo was born in 1908 and died in 1963 and was a well – known Spanish - American painter. The works which she produced were best known for surrealist ideologies and anarchist concepts which opposed the politics and culture of the nation at this specific time frame. Varos was forced to move during the Spanish Civil War and was led into Paris. During this time, she met several other surrealist painters, including Gerardo Lizzarga and Benjamin Peret. She became a member of the group Logicophobiste where most of her artistic influences began to form. In 1941, she was forced into exile again, specifically with the Nazi regime that took occupation in France. This particular political movement led her to Mexico City where she remained for the rest of her life. During this time, she was introduced to artists Frida Kahlo, Diego Rivera and Leonara Carrington1. The second artist, Leonara Carrington, is known because of the same influences and styles which were carried by Varo. Carrington was born in 1917 and died in May of 2011. Carrington was born in England to a father who was known for his textile manufacturing. Her father’s wealth allowed her to be governed by tutors and nuns; however, she was expelled from two schools for her behavior. Her father tried to change this by sending her to Florence, Italy, where she attended the Academy of Art. She later joined the Chelsea School of Art and then the Academy of Amedee Ozenfant. She was quickly influenced by surrealism from Paul Eluard and Herbert Read. By 1938, she was painting surrealist art and settled in France with her husband, Max Ernst. Both collaborated on several works; however, Ernst was arrested several times by Nazis because of the belief that he was a hostile alien. Both escaped to America; however, Carrington broke down mentally and was forced to return to Spain where she was placed in a mental institution. She later went to Mexico and New York where she was able to flourish with her paintings and which allowed her t o explore more surrealist artwork2. When looking at both of the artists, it can be seen that the history and the specific problems are similar. Both were in similar place in Europe and went through forms of exile from politics, specifically with the Nazi regime. Both were exiled into different countries where they underwent several influences that were based on the political problems

Strategic project management case study Assignment

Strategic project management case study - Assignment Example The country depicts human resource weaknesses in the health, education, and adult literacy sectors. The country has the right atmosphere of establishing measures that would help it to catch up with the developed nations in terms of education, technology, economic development, and adult literacy. As such, I present a project that will ensure that every student joining a public college accesses a laptop with a view of updating the technology of the nation. The project dubbed â€Å"One Laptop one Student Campaign† will seek to bridge the digital gap between Kenya and the developed countries. This will enhance technological development in Kenya. After doing a pilot project on the country, the project will aim at providing a reliable, low power, and cost effective laptops to all students in public colleges free of charge. Just like the "One laptop per child" project (Beaumont 2010, p. 1), the â€Å"One Laptop one Student Campaign† will adopt the principle that giving computers to students will consequently enhance educational progress in Kenya. The project will require the support of sponsors, the government, academicians, parents, and students. In ensuring the sustainability of the project, I will address myself to electricity shortages, cultural restrictions, low internet network, adequate equipment, and training, usability, and government restrictions. Ultimately, I will consider the merits and demerits of the project an d its probable impact on the education sector. This will determine the sustainability of the project. It is arguably true that in developing countries like Kenya, public college students belong to the low economic class compared to the private college students who belong to the wealth class where they can easily access laptops. The â€Å"One Laptop one Student Campaign† seeks to ensure the availability of laptops at home and in school for all students entering college education. The implementation of this project will

Mayor's management report department of homless services (NYC) Essay

Mayor's management report department of homless services (NYC) performance measures - Essay Example Homelessness has always remained a major concern for municipalities of towns and cities across the globe. New York City is a city with a staggering homeless population; experiencing a profound shortage of available housing at every rental level; a problem that has persisted throughout the city's history. To address this ill, chronic issue, in year 1993, the city government of New York City, established the Department of Homeless Services (DHS). Since then, all activities, resources and facilities; projects, inputs and workload; performance, statistical measurements and results of DHS, are published in annual Mayor's Management Report. The paper addresses the mission, goals and objectives of Department of Homeless Services. It quantitatively analyze the performance highlights of Mayor’s Management Report and discusses the DHS methodology in context to Six Sigma or the Theory of Constraints. Finally different features of performance measures are given. Department of Homeless Ser vices Homelessness is an ill and burgeoning phenomenon for human being; a disproportionate coercion against the health and well-being of masses who endure its deprivations. Homelessness badly upsets the most vulnerable group of society whose life chances and life expectancies are already reduced by poverty, discrimination, mental illness, substance abuse and other disabilities (Barrow 529)... For example according to a survey conducted by United Nations cyberschool bus (1985) an estimate number of homeless in Manhattans alone run as high as 90,000. 'This crisis can be best described as a national epidemic of homelessness that is destroying the family life and health of the poor, and affecting the most vulnerable section of the population- children' (Whyte 2004). In order to deal with this epidemic crisis, in 1993 the city government of New York established the Department of Homeless Services (DHS). "The mission of the Department of Homeless Services is to overcome the homelessness in New York City" (PMM Report 2007). After six years in 1999, DHS was given an independent Mayoral agency status. The Department of Homeless Services (DHS) instigated its course of action with following long-term goals as given in Mayor's annual reports. Prevent homelessness. Conduct outreach to street homeless individuals. Provide temporary emergency shelter for eligible homeless people. Work with homeless individuals and families to develop and implement independent. To pursuit these long term goals Department of Homeless Services set following critical objectives. Increase the number of people prevented from becoming homeless. Reduce street homelessness. Ensure the availability of temporary shelter for homeless individuals and families. Maintain shelter safety and cleanliness. Increase client engagement and responsibility in moving to permanent housing. Reduce clients' length of stay in shelters. Increase placements into permanent housing. Reduce re-entries into the shelter services system (PMM Report 2007). MMR Performance Measures Analysis Quantitative Analysis The statistics given in MMR against the key service area of

History And Industry Trends Cisco Systems Inc Commerce Essay

History And Industry Trends Cisco Systems Inc Commerce Essay As a company that started from humble beginnings, Cisco has evolved and grown into the multinational networking and communications giant of today. In 1984, Leonard Bosack and Sandy Lerner, a couple working as computer staff members at Stanford University, created the startup known as Cisco Systems (Cisco systems). The companys first product was a multi-protocol router, which would set the tone for the coming years and helped outline its direction. Although Cisco has indulged in branching of products and dabbled in various market segments, networking primarily routers and switches have remained at its core. Cisco went public on February 16, 1990 and spent the remainder of the 90s ramping up for the Internet age (Cisco systems). It acquired numerous Ethernet and switching companies. By the time the dot-com boom rolled around, Cisco had implanted itself as a world leader: in order for the Internet to grow, many of Ciscos products were crucial to its infrastructure. This foundation-laying ideal positioned the company at the apex of the wave. In the spring of 2000, Cisco became the worlds most valuable company with a market capitalization of over $500 billion. In a move to increase the breadth of the brand and target consumers, Cisco rebranded itself in 2006 (and inclusively shortened its name from Cisco Systems). While primarily a business and enterprise oriented company, Cisco began its new initiative by acquiring home user minded names like Linksys and Flip Video. While the company has achieved phenomenal growth and successes, it is of course not without moments of decline. For example, the aforementioned Flip Video acquisition resulted in a flop, and was subsequently shutdown and dissolved in 2011 (Cisco discontinues flip, 2011). With this, Cisco announced that it would exit aspects of its consumer business which suggests a shift in focus. Once the dot-com boom was over and the bubble burst, Cisco experienced a major downturn and was forced to lay off almost 8000 employees and write down $2 billion in inventory (Fryer, 2008). This demonstrates the volatility of the technology industry and how important it is to forecast new trends. At the helm of the company, CEO John Chambers emphasizes on market transitions, quoting A market transition occurs when there is a subtle but clear disruptive shiftà ¢Ã¢â€š ¬Ã‚ ¦ A market transition gives you a glimpse of a new opportunity to take market share or move into new market adjacencies (Fryer, 2008). In the past, most businesses in the industry like Cisco followed market transitions directed by business now the industry has changed to follow consumers. Subtle discrepancies like this can spark differentiation of varying magnitude in order to capture new trends. By utilizing the VRIO framework, we can analyze Ciscos resource endowments and provide further insight on its background and competencies. While the company is differentiated in its products and services, not everyone of its resources is ranked highly on VRIO. Taking the Flip Video example, Cisco only received a temporary competitive advantage from it, and not a sustained one. The reason being, Flip cameras no longer became valuable nor rare. Smartphones were on the rise and contained built-in features that rendered Flip cameras redundant users could share videos and also capture them directly from their cellphones (Cisco discontinues flip, 2011). In comparison, Flip cameras were not perceived to be as valuable versus the time period before smartphones. Given this, these cameras were also not costly to imitate, since competitor manufacturers (market segment-wise) were implementing similar technologies already. By acquiring Flip Video in 2009, Cisco leveraged its business know-how an d infrastructure to demonstrate its capability to capture value. Flip cameras were at one point a popular commodity, but it soon tapered off once the previous 3 criterions of VRIO began to diminish. Once it came to this, Cisco was no longer able to capture its value and thus shutdown Flip. On the other hand, Ciscos router and switch resources provide the company a sustained competitive advantage and maintains high rankings in the VRIO analysis. Taking the Catalyst 6500 switch as an example, which was a key player during the dot-com boom (Cisco systems). Cisco strategically positioned itself with this switch and its other router technologies at this time, because Internet Service Providers necessitated an answer to the growing infrastructure demands. Resources like the 6500 provide Cisco with value. Over the years, Cisco has maintained a high-quality image and people equate its products as such. This increases its perceived value by consumers. For the most part, many of Ciscos resources are considered rare because although there are similar products from different competitors, the numbers are not great. Tying into the aforementioned rarity, due to the complex and continuously evolving nature of these high technologies, they are very costly to imitate. As a firm in general, Cisco has been organized to capture value on many of its products. Juniper Networks is one of Ciscos main competitors, and came out with products that siphoned away 30% of the switching and routing market share. In the end, Cisco was able to edge itself back into the leader seat by innovating and releasing upgrades to existing lines. To expand on Ciscos differentiation strategy and its diverse portfolio of product ranges, 3 market segments are targeted. The primary market for the firm is the corporate market, or large businesses. Cisco sells a multitude of products and services for this segment, ranging from borderless network solutions to collaboration suites like the IP phones and TelePresence video conferencing units (Collaboration products and,). Many of these products are sold to large enterprises like Bank of America, ATT, and General Electric. The contracts Cisco holds with these types of companies create a large bulk of its focus. Referring back to the dot-com boom case, Cisco sold its network solutions to many ISPs and ultimately catalyzed its market capitalization and proliferation to being the worlds most valuable company at the time. Aside from the corporate market, Cisco also offers less intensive and lighter scale solutions for small businesses in order to encompass a more diverse group of consumers. The company offers a variant of its routers and switches that are reduced in size and capabilities, but work for smaller networks. The WebEx web conferencing service is a popular offering (its technology was garnered through an acquisition), which allows users to seamlessly collaborate and share. Although Cisco made an effort to enter the home user market in 2006, with its The Human Network campaign, it is reassessing the scope of this venture (Cisco systems). As shown by Flip, the margins that Cisco requires to operate at a desired efficiency are not as great in the home user segment. Many of the companys pursuits in this area proved to be short-lived. While the TelePresence video conferencing suites originated as a corporate-oriented product, Cisco tried adopting it to the home users by offering Umi (Collaboration products and,). Unfortunately, this effort was not successful as the competition was too great and the offering was not valuable enough to consumers. At its heart, Cisco maintains its competitive advantages primarily through its business and corporate solutions. Macroeconomic Analysis PESTEL A firms macro environment consists of a wide range of political, economic, sociocultural, technological, ecological, and legal (PESTEL) factors that can affect industry and firm performance. These external forces have both domestic and global aspects. (Strategic Management Concept Textbook) Pestel stands for political, economic, sociocultural, technological, environmental and legal issues that the government can act on the Companys decisions or performances. Usually most of the articles from Wall Street Journal can be applied by Pestel Analysis. Political Political consideration that affect service provider and government spending patterns( Annual Report, pg.37) is one of the reason why Cisco believes that their company can be harmed by the economic and political reasons. Economic Cisco System explained how the fluctuation in the future with their stock price could happen due to uncertain global economic environment in their Annual report. They believe there are lots of risks on uncertainty of the global economic environment. As we see in their stock chart that they have had hard time during economic crisis of 2008. Stock analysis is provided under financial analysis section in detail of this report. The explanation about the fluctuations on currency exchange rates which are making negative impact on their financial reports is an example of how the economic changes can affect the companys financial well-being. Despite the fact that reason for this fluctuation is due to big portion of global expanding. However for this problem they found a solution by entering into the foreign exchange forward contracts and by reducing the short term impact on certain foreign currency receivables, payables and investments. (Annual Report, pg.38) Sociocultural Cisco System, the Cisco Foundation, UNIFEM (United Nations Development Fund for Women) and the Government of the Jordan helped women in the Jordan to get into technology study and work as IT or ICT- Information Community Technology. In 2001 and 2002 they had a program to let the women in Jordan to be trained and work as much as men. In this sociocultural issue Cisco System had a great job involving in this program. Geographic, social, economic and racial boundaries are eliminated as the program extends to 149 countries with more than 10,000 Academies across the globe. (The Women in Jordan, 2001) So the company extended that program and it affected their social, economic and racial boundaries. Technological Continuity innovation in technology of network industry and uncertainties of the legal issues Cisco depends on the innovation more than the protection needed for their products and services by patents, trademarks, copyrights and trade secret marks. Innovation is the key to be successful in the networking industry and Cisco has to rapidly innovate not to get in to the market, but also able to sustain competitive advantage. Environmental Cisco proudly partners with industry-leading companies to provide our customers with highly secure, interoperable smart grid solutions and services. We understand that modernizing the electric utility infrastructure around the world-from generation at a power plant to consumption in a home or business-is a huge undertaking. It requires the skills and expertise of many people to deliver on the promise of a smart grid. (Cisco website) Legal Most of the Ciscos products has software or licensed by the third party. Legally they have been sued several times regarding violation of the federal securities law, waste of corporate asset, unjust enrichment, breach of fiduciary duties, and violation of the California Corporation Code. In addition they also had litigations of ordinary course of business, and intellectual property. They did not able to see any effect financially in their annual report, but it might affect their mission already. That can affect their stocks as well as their financial situations. (Annual Report 126,127) Financial Analysis Stock Stock Performance Graph Analysis (Annual Report page 46) The comparison with Cisco System, SP and SP Information Technology shows us that Cisco has a return of stockholders much lower than compare to SP and SP Information Technology. This Yahoo Finance Chart also shows that Cisco Stock Price had a problem right after 2008 just like other companies due to economic crisis on 2008, and got better later on. All the competitors recovered faster than Cisco after 2009 and continue to get well except HP. As of January 15, 2013 Cisco had a price of $20.98 while Hewlett Packard $16.53, Juniper Network 21.01. Revenue Compare to 2011, 2012 Revenue is increased about 7%. Cisco had 46.1 billion net sales and 12% increase on service revenue. Most of the revenue they received last year was from switching market and NGN Routing. They believe they can increase their revenue since they are into changing their strategies and innovating. Current Asset/ Current Liability Ratio Analysis Cisco has a quick ratio of 2012 3.49%. (61,933 / 17,731 = 3.49) Since it is more than one that means they can pay their current debt easily with their current assets. Since they have good amount of cash equivalency they need to invest more to increase and expand their company. Employees

The Organisational Structure, Culture and Management Style of Sainsbury

The Organisational Structure, Culture and Management Style of Sainsbury A1.How the organisational structure, culture and management style inter-relates in the business and evaluate their impact and that of ICT on the performance of the business. The organisational structure in which Sainsbury’s uses is how Sainsbury’s move the ranks from highest to lowest. For Sainsbury’s to not have levels of different hierarchy then it would not give anybody a rank, which would make the aims of Sainsbury’s not do well in terms of not having someone to be a manager and manage all the staff and make decisions. Without the chain of command workers would be lost and would not know what to do. The way in which the hierarchal structure works for Sainsbury’s is that they have one Manager who looks after all of the operational staff by making the decisions of what they should do and guiding them with any queries or problems. The hierarchal structure in which Sainsbury’s has yet not been put down in terms of not working as they are very good in their selling of products and fails not to impress by being one of the most popular product chains in the UK as well as making a lot of profit on there way to success. The management style in which Sainsbury’s uses is autocratic where as explained before that there is only one manager on the store floor who watches over the other operational staff who are making orders from customers and serving the customers at the tills, also f...