Due Process - 1609 Words

Due Process Kelsey Kennedy CJA 224 October 31, 2011 Austin Zimmer Due Process Introduction The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of â€Å"life, liberty and the pursuit of happiness† and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have†¦show more content†¦The preliminary hearing is then held which determines if the prosecution obtained enough evidence and has enough probable cause to hold a trial (Schmalleger, 2008). Discovery, which refers to the first time the defense is allowed to view the evidence against the accused occurs at this stage (Schmalleger, 2008). The ne xt step is arraignment; this is the first time the defendant is seen by a judge with enough authority to hold a trial (Schmalleger, 2008). At arraignment, the indictment against the accused is read; the accused enters a plea of either guilty, not guilty or no contest (Schmalleger, 2008). The last step involving the court is adjudication, which plainly means a trial by jury (Schmalleger, 2008). The trial then proceeds until both sides have presented their case and the jury reaches a decision (Schmalleger, 2008). If the jury cannot reach a decision the judge can declare a mistrial and the case can be retried (Schmalleger, 2008). If the accused waives the right to a trial by jury, the court will hold a bench trial which is a trial conducted and decided upon by the judge (Schmalleger, 2008). After the trial has concluded, sentencing begins. A presentence report is compiled, usually by a probation officer which is a collection of the offender’s family, business situation, emotional state, social background and criminal history (Schmalleger, 2008). The judge then uses the presentenceShow MoreRelatedDue Process912 Words   |  4 PagesDue Process Crystal Groff Strayer University Professor Freeman Abstract We all wonder what the words life, liberty, and property derived from. In this paper I will be explaining what due process is and how it relates to life, liberty, and property. I will also explain where due process came from and what 2 amendments relate to due process. Before we start though I would like you to know that due process is there to protect the defendant under proving guilty. Define due process and its originRead MoreDue Process Procedures Essay1020 Words   |  5 PagesThe law of due process simply mean educators accused of something have protection. The protection should be fair and reasonable to balance social concern such as government affair and criminal behavior. The employee rights originated from state and federal constitutional provisions, statues, and regulations. The Civil Rights Act of 1964 protects educators employed in private or public schools (Oliva, 2009). In addition, the equal protection clause of the Fourteenth Amendment protects educatorsRead MoreDefinition Of Due Process. A Requirement That Laws And1888 Words   |  8 PagesDefinition of Due Process A requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual —called also substantive due process Editor s note: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states â€Å"no person shall†¦be deprived of life, liberty, or property, without due process of law,† and in the Fourteenth AmendmentRead MoreJudge Court Is Guilty Of Due Process Violations1674 Words   |  7 Pagescomponent of rule of law—due process. Due process is fair treatment through the judicial system. It includes, among a few other rights, the rights to receive an impartially fair trial and subsequent reasonable punishment, to grieve or complain against the charges and government official in charge, and to appeal. Judge Amanda William’s drug court is guilty of due process violations in each of the three mentioned major categories of due process. In order to stop the due process violations and bringRead MoreViolation of Fourteenth Amendment Due Process Rights542 Words   |  2 Pagesto his guilt but asked for a lesser penalty since Brady didn’t commit the murder. Before trial Brady’s council asked for all relevant information to the trial and were given most, but not all of it. The withholding of evidence was a violation of due process laws in which a new trial was requested. A new trial was granted but only for sentencing and not a retrial of fact. PROCEDURAL HISTORY Brady was convicted of murder in the first degree even though he proclaimed not have committed the murder andRead MoreDue Process1391 Words   |  6 PagesDue Process And Crime Control Models Criminology Essay ukessays.com /essays/criminology/due-process-and-crime-control-models-criminology-essay.php Due Process The basis of the due process model is formal structure. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is usedRead MoreAmerican Government688 Words   |  3 Pages1. Define due process and its origins. Due process is defined as the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. (Wilson, James Q. (2009). American Government (9th Edition). Ohio: Strayed University.) The origin of due process is generally understood to be found in chapter 39 of the Magna Carta. It is also found in the fifthRead MoreEmployee Rights Of The Private Sector970 Words   |  4 Pagesshow an argument in the employee rights to participate in a managerial decision making and how the argument that was used had become more persuasive. Due process is always the legal policy to follow not only in a workplace, but also in the law arena. Due process is the law of the land which some use the term per legem terrae. In the workplace due process refers to employee’s right to be protected from the arbitrary use of managerial authority. Procedures must be established to ensure that dismissalRead MoreAssisted Suicide Should Not Be Illegal1655 Words   |  7 Pagesconstitution talks about how a person can chose the time and manner of their death if they chose to. Finally the case makes it all the way up to the supreme court. Where they looked at the due process clause and the fourteenth amendment. The court found that assisted suicide is not a right protected by the due process clause. Because assisted suicide was never in the american tradition ,and was against most americans morals and beliefs. But when the courts used the rationality test they saw that WashingtonRead MoreThe Legal Interests Of The United States3 643 Words   |  15 PagesBravo (Extrajudicial) Targeted Killings Due Process INTRODUCTION The legal interests of these children are significant. The children, as do other undocumented immigrants, in removal proceedings have the right to a Fifth Amendment protection of procedural due process. Mathews v. Eldridge established a case-by-case due process analysis that may create a right to appointed counsel in a civil proceeding. Therefore, it can be reasonably said that due process maybe adaptable to the children in removal

Essay on Youth and Gun Violence - 1056 Words

Youth and Guns Imagine being able to get your hands on a gun in your community with ease when you were younger. Sounds cool right? Well, to some it might and that’s how young children are living in our communities now-a-days. Kids are able to get guns as long as they have parents with guns or the money to buy one. There aren’t enough restrictions on guns who can get a hold of them on the streets and parents aren’t doing a well enough job of hiding their guns from their children. Something needs to be done. Too many children and young adults are being injured and murdered by something that is supposed to protect them. The ease in which youths are able to possess guns needs to be stopped. The harder it is for kids to get guns, the safer†¦show more content†¦Do you own a firearm in your home? Do you have children? If you answered yes to both of those questions, are u confident the gun is out of reach of your children? A quarter of youths in the U.S. said they have easy a ccess to a firearm in their home. Dalton Taylor, a 10 year old fourth grader was shot and killed by a 12-gauge shotgun found in his house by him and friends. 82% of firearm suicides are committed by gun owned by a family member, usually parents. It’s not the parents or family members fault that these children committed suicide but if the guns were put away somewhere safe where only the parent or family member could access it, there’s a chance that they might still be here. It’s all a ripple effect. If you don’t conceal your firearms right, your child can get ahold of it. If your child gets ahold of the firearm, they could shoot or worse, kill themselves or someone else. Properly hide your firearms and there will be no gun for your child to shoot or kill anyone. Studies show some parents underestimate their children’s experience handling firearms. That’s the biggest mistake a parent can make, especially in this generations time and day. There are so many ways for a young child to learn about guns; how to use them, where to get them, how much they cost, pretty much anything. Never underestimate what your child knows about anything. They’ll surprise you. They may not know about it because they wanted to know.Show MoreRelatedCrime Prevention906 Words   |  4 Pagespast thirty years, gun-affiliated injuries and deaths have increased among youth. Most of the youth involved in accidental shootings and suicides most often acquire the gun from their own home. Hands Without Guns (HWG) was started in 1995 by the Educational Fund to End Handgun Violence, to tackle this growing problem. The mission of Hands Without Guns is to advocate a public health and education campaign to transform attitudes of 12 to 18 year old youth about violence and gun ownership by emphasizingRead MoreJuvenile Gun Violence Essay955 Words   |  4 PagesJuvenile Gun Violence Juvenile gun violence is an ever-increasing problem in our country. With a wave of school shooting behind us it is time to get this under control. Many studies have been done on how to effectively diminish juvenile gun violence. It is clear that this must be handled on a state and local level with the federal government backing the states. Prevention and law enforcement is the key to successfully eradicate our nation of the ugly stain caused by youth gun violence. PreventionRead MoreIs Guns Off The Streets?1159 Words   |  5 Pagesquestions roam the streets. Guns, guns, and more guns have found their way into the homes and hands of the youth and the underprivileged. Sociologist James D. Wright suggests that to convince inner-city youths not to carry guns requires convincing them that they can survive in their neighborhood without being armed, that they can come and go in peace, that being unarmed will not cause them to be victimized, intimidated, or slain. (Wright) Programs such as Youth Firearms Violence Initiative, Project SafeRead MoreViolence - Behavior Involving Physical Force1370 Words   |  6 PagesViolence – behavior involving physical force intended to hurt, damage, or kill someone or something. In my own words, violence – hate, gangs, guns, anger and war. Violence in Chicago – nonstop killing. Shootings and murders are through the roof in Chicago. In the past year, in 2015, there has been 29 murders, 136 sho oting victims and 119 shootings. In just this year alone, in just the first month the shooting and murders were double that. In statistics released, the Chicago Police Department reportedRead MorePolicy Evaluation And Feedback1111 Words   |  5 Pagesmore of a theory of treatment rather than a proven strategy (p.2). Thus, evaluations of such initiatives are hard to capture. Current evaluation method An ex-post analysis will consider the following in the evaluation Ceasefires impact on youth gun violence. Policy/Program Performance Effectiveness and Efficiency When the goals and objectives are specific and collaborative ideas are welcomed and practiced by all parties involved, prevention strategies will be mostly likely to be more effectiveRead MoreGun Violence Should Be Top Priority And The Reasons For My Choice757 Words   |  4 PagesAn issue in society that I feel should be highly addressed as a priority is gun violence. Gun violence should be top priority in the community and in the world from a broad perspective. The reasons for my beliefs are the fact that innocent children are dying because of ignorant acts of violence by the hands of the youth, with guns. This should be a priority, to inform the communities that educating ourselves on our youth and how they are considered the future and if we do not snatch them up and teachRead More Youth Violence Essay1223 Words   |  5 Pages Youth Violence   Ã‚  Ã‚  Ã‚  Ã‚  Youth violence is an escalating problem in American society today. There are many different factors that can be blamed for this problem. During the last decade of the twentieth century people began searching for answers to this dilemma which is haunting America. Many tragic school shootings have taken place within the last decade that have gained the attention of the public. As of now, no one can give the right answer to the problem or the reason that it happens because thereRead MoreToronto Anti Violence Intervention Strategy896 Words   |  4 Pagesearly 2006, Toronto Anti-Violence Intervention Strategy (TAVIS) is a targeted approach to policing that incorporates increased surveillance along with increased patrols in lower income neighborhoods (Siciliano, 2010). This policy is the product of a constellation of factors that includes a key triggering shootout among two rival youth gangs on Boxing Day, 2005, which resulted in the death of innocent bystander Jane C reba. I. Identification of the problem The Toronto Anti-Violence Intervention StrategyRead MoreA National Evaluation Of The Youth Firearms Violence Initiative863 Words   |  4 Pagesthis period juvenile homicides committed with a handgun also increased. A national evaluation of the Youth Firearms Violence Initiative (YFVI), a program initiated by the Office of Community Oriented Policing Services (COPS), the organization who funds intervention programs. This particular program employed community policy approaches to decrease the number of violent fireman crimes committed by youth, including gang-and drug-related offenses. There are five intensive sites (Baltimore, Cleveland, InglewoodRead MoreOperation Ceasefire : A Problem Oriented Policing Intervention1701 Words   |  7 PagesAbstract Operation Ceasefire is a problem-oriented policing intervention aimed at reducing youth homicide and youth firearms violence in Boston. Project design began in 1995 and it was implemented in 1996. It is based on the â€Å"pulling levers† deterrence strategy that focuses criminal justice attention on a small number of chronically offending gang-involved youth responsible for much of Boston’s youth homicide problem. This paper will explore the problem Operation Ceasefire is trying to solve and

Executive Summary Branding the Nation Free Essays

Executive Summary: Branding the nation: What is being branded? Journal of Vacation Marketing Volume 12 Number 1. 2005 p. 4-13 The author: The paper is written by Ying Fan a senior lecturer at Brunel Business School, Brunel University in London. We will write a custom essay sample on Executive Summary Branding the Nation or any similar topic only for you Order Now Dr Fan has held faculty positions at the universities of Lincoln, Hertfordshire and Durham. His research interests surround branding and marketing communications, and cross-cultural management issues. Topic: Branding the nation: What is being branded? The major topic of the paper is what nation branding is and what the purpose of nation branding is. Research question : What is being branded? Is a nation brand a separate entity, or an element in the product brand? What is the direction of the correlation between countries that have produced strong brands and those that are strong brands themselves ? Method : The research method is a literary analysis Material and Structure of the paper: On the first page of his paper contact informations, informations on the author including a photo of Fan are given. An Abstract sums up the Keywords and gives an overview over the article. All in all the paper of Fan is 9 pages long and is structured in the chapters: Introduction What is Nation Branding? What is being branded? Nation branding and product branding Nation brand image and product-country image Paradoxes The broader context For a further understanding Fan gives 3 Tables: Terms used in the literature ; Examples of nation branding where he gives 5 examples and explains what is being branded and a table on Comparison between nation branding and product branding . In his paper Fan makes indirect citations which are listed in the references. Here the references are ordered by appearance in the text not alphabetically. The paper is easy to read and understand, it gives a good overview of the topic nation branding. The structure is easy to follow. The paper is anonymously refereed. Finding of the article : The author points out that there is no single definition on nation branding but gives a working definition for the paper: ‘Nation branding concerns applying branding and marketing communications techniques to promote a nation’s image. Nation branding can be used in different ways: using the nation’s image to promote sales and exports ; place branding which is part of tourism marketing ; political marketing for example the expression â€Å"axis of evil†; Nation branding in it’s true sense like Cool Britannia. The author points out that a nation is not a product in the conventional sense . The Nation itself can h ardly be changed, the benefits are purely emotional, the Image is complicated and the ownership is unclear. A nation brand is not centered on any specific product, service or cause that can be promoted directly to the customer. But Nation branding concerns a countries whole image, covering political, economic, historical and cultural dimensions. A Nation has not one but multiple images. What image is retrieved depends on the audience , the context and the time. The author finds out that negative national image does not necessarily affect the purchase of products made by that country, by giving the example of Japan and China. The author tries to find out the direction of the correlation between countries that have produced strong brands and those that are strong brands themselves . Nation branding must be distinctive and help the country to position itself against competitors . A difficulty is that an international audience have a different degree of knowledge of a nation and each country has different cultural values, thus decodes the message differently. Nation branding often try to communicate a single image or message to different audiences in different countries . This renders for the author the message meaningless, but to try to be all things to all people will in the opinion of the author inevitably fail . What is the message a nation wants to send, give up a old but unique image in favor of the new image. This can fail like for example â€Å"Cool Britannia† did. Another difficulty in nation branding is that a national identity is very difficult to define. Furthermore in nation branding, an understanding of the customers’ existing perception of the nation is very important. A certain image is made over time. Another important aspect of nation branding is the internal audience. The author points out that Nation branding is just one part of a marketing strategy which is part of the business strategy and that often nation branding is overestimated even if it is a powerful tool. It is for example not sufficient for the country to promote its image enthusiastically to other nations if the economic basis for the nation brand is not there or the political situation is unstable. The image problem of a region or nation most often results from political and socio-economic troubles which must be solved, nation branding will not solve a country’s problems but only serves as the final touch . How to cite Executive Summary Branding the Nation, Papers

Defining Happy free essay sample

Others can be testified with Just having their loved ones around with very little material things. According to the free dictionary by Farley, to be happy means to be fortunate and lucky. What does that meaning suggest? Is It persuading that only the lucky people can be happy? My response to that definition would be it is very wrong. Even the lucky ones are not happy or satisfied. At the end of the day, each person can be happy from their own satisfactions. Secondly, being happy can be defined as a feeling of Joy. How does joy relates to happiness? Joy relates to happiness because Joy is a feeling of great pleasure.When a person has joy, they are happy. People have Joy when good things happen in their life. Whether it is having success, marriage, or the birth of a newborn baby, all of those events can bring great Joy to someone. We will write a custom essay sample on Defining Happy or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When someone achieved something great, sometimes they do not always have to be rewarded. It is Just the known fact of knowing they accomplished something good. That can bring great joy and happiness to someones life. Another way of defining happy is if a person is delighted. Being delighted is to be highly pleased. What can you think of, which you can say, you were very pleased bout?Passing a test or getting a good grade can make someone very pleased with themselves. A pleased individual equals a happy person. Some people show emotions by showing they are happy and delighted while others choose to hide their expressions. Deferent people react different ways but can have the same outlook on something. In conclusion, happy can be defined In so many ways from various perspectives. Perhaps, being healthy is all it takes for someone to be happy while another needs a lot of money to be happy. What does It take for you to be happy? It Is very easy to sake me happy.I live to put a smile on others and make others happy. That makes me happy and pleased to know that I help someone else. Also, being around my family makes me happy. One thing that everyone might can agree on and that Is being happy Is good for the soul. Defining Happy By speedometers lucky. What does that meaning suggest? Is it persuading that only the lucky people can be happy? My response to that definition would be it is very wrong. Even the Secondly, being happy can be defined as a feeling of Joy. How does Joy relates to a person has Joy, they are happy.People have Joy when good things happen in their life. Whether it is having success, marriage, or the birth off newborn baby, all of knowing they accomplished something good. That can bring great Joy and happiness expressions. Different people react different ways but can have the same outlook on In conclusion, happy can be defined in so many ways from various perspectives. Lot of money to be happy. What does it take for you to be happy? It is very easy to family makes me happy. One thing that everyone might can agree on and that is being happy is good for the soul.