Wednesday, January 29, 2020
Jury Trial Analysis Essay Example for Free
Jury Trial Analysis Essay Jury trial refers to a legal proceeding, whereby a panel of adjudicators makes decisions that are put into practice by the judges. A jury decides upon dubious issues of fact that can either be in a criminal or civil trial. It is a constitutional right for those charged with criminal and civil offenses to face trial by jury. However, in civil trials the defender and the offender can have a consensus of having a bench trial before a judge. Therefore, it is evidenced that jury trial takes place only in those situations where one side in a civil case, or the accused in a criminal case, have a belief that it is in their best interest. It also has an effect on the ruling of cases that never go to trial. In jury trial, there are five main steps that are keenly followed. The first step involves the selection of a jury. In this step prospective jurors show up in a courtroom. The defensive and prosecution lawyers together with the attorneys, interview them through a process called voir dire which means to speak the truth. This procedure is aimed at authenticating whether any of the jurors has a secretive interest in the case, a chauvinism or bias that may negatively influence him or her as a juror. For instance, the defensive lawyer can request to have the juror excused if he or she is afraid of guns. There are two main challenges faced at this stage, challenge for cause and authoritative challenge. Each of the side has the ability to discard a juror capriciously (Denver Criminal Attorney, 2009). Jury selection is completed and an oath is administered for those chosen in a particular case. However, they are lawyers who are specialized in jury selection and they will do excellent in this part of trial. Secondly, both sides in the case participate in an opening statement. First, the prosecutor gives a brief summary of what the trial is about, the offense that the defendant is being accused of and how they will prove his guilt. Thereafter, defensive attorney gives his opening statement in order to summarize how he will demonstrate his client is above suspicion. However, opening statements are not evidence but are only anticipation of what each side waits for the evidence to prove. The third step involves presentation of evidence and testimony of witnesses. The prosecutor takes the first step of professing witnesses and presenting various physical facts such as weapons and documents to evidence the defendant’s guilt. There is cross-examination of his witnesses by the defensive lawyers. After the prosecution is done with his presentation, the defense gets the floor and also presents its own witnesses and evidence. The prosecution gets an opportunity to cross-examine defense witnesses too. Finally, both sides ‘’respite ‘’their case. The fourth step entails closing arguments and presentation of jury instructions. The defense firstly, confirms how the prosecution did not prove its case. The prosecution goes last winding up its case. It is substantiated that the prosecution has the’’ burden of proof’’ and therefore it goes first and also last. The judge interprets the instructions of law to the jurors, defines their responsibilities, what evidence to consider and the law that governs the case. The final step in a jury trial is deliberation. The jury goes to the deliberation room to judge the case and arrive at a verdict. A foreperson is identified to ensure that every juror is given a fair opportunity to participate. In case of any need for clarification, it is written down and the bailiff presents it to the judge (Morrocco). Finally, when a judgment has been attained, jurors agree to it and sign a form then they alert the bailiff. It is then read by the clerk and the judge discharge the jurors. In a jury trial, the constitution allows for fair and impartial treatment of the accused. There are several constitutional rights of a defendant during a jury trial. For instance, the defendant has a right to remain silent, confront witnesses, represented by an attorney and also has a right to adequate and sufficient representation. This is mainly practiced in criminal prosecutions. Jury trial is in deed one of the better systems of judgment of single or a panel of judges who have a lot of bias. Every party in a jury trial is mandated to enjoy the right to a detached jury of the center where the crime shall have been committed. The legal system must use the proper and accurate means of obtaining information and evidence against a suspect (Jury Service). So as to ensure selection of unbiased jury, each of the prospective jurors is ordered an oath to speak the truth. Usually, twelve jurors are selected having two of them being chosen as alternates. Stringent instructions are given as a way to ensure fairness and impartiality as a jury. To maintain the highest standards of fairness in a jury trial, an independent jury must be appointed each year to appraise the application and also select participating juror.
Monday, January 20, 2020
For the Environment or For Creating New Businesses :: Environmental Environmentalist Essays
For the Environment or For Creating New Businesses What do you think of when someone talks about being for the environment or for creating new businesses? I know if I were asked that question the first thing that would come to my mind is the radical environmentalist. I tend to stereotype them into groups of tree huggers, protesters, members of Green Peace or the Sierra Club, and those that will only eat organic foods. On the other end of the spectrum is â€Å"Big Business†or those for the economy. When I think of these types of people I think of those that have no regard for the environment, they dump pollutants, and kill fish and birds. Their sole purpose in life is to make money regardless of the cost to the environment. In reality the two ends of the spectrum are melded together, one cannot survive without the other. Richard White in his writing, â€Å"Are You an Environmentalist or Do You Work for a Living? Work and Nature,†he refers to how individuals have created a large separation between nature and work. White states that â€Å"most humans must work, and our work-all our work-inevitably embeds us in nature, including what we consider wild and pristine†(185). On an episode of the Simpson’s Lisa falls in love with an environmentalist and helps him in his crusade to save the environment. The episode portrays the environmental group with all of the typically euphemisms associated with being for the environment. The leader of the group wears dreadlocks, Birkenstocks, and stages a protest of Krusty Burger and is arrested. In order to impress the leader Lisa takes on the fight to save the oldest living Sequoia from the Texas business tycoon. The Texan was portrayed as the big Texan with lots of money and no regard for the environment just build to make more money. Lisa becomes a â€Å"tree hugger†and lives in the tree as a protest to prevent cutting the tree down. In the end Lisa leaves the tree and it is struck by lightening and falls. The fallen tree rolls down the hill out of control. It destroys the Hemp store and wipes out a factory. The morale gathered from the story is that without a compromise between the environmentalist and the businessman there is devastation for both sides. Part of the problem is the media exploits the two ends of the spectrum; it is either one way or another.
Sunday, January 12, 2020
Ethics of Observation
Uses of Observation within a work environment:†¢Identifies stages of development †¢Identifies level of ability †¢Use observations to plan activities †¢Monitors changes in behaviour †¢Use to report suspected abuse/neglect †¢Psychological evidenceWhy is observation important?By observing children within a work environment, we are able to learn their interests and dislikes. As teachers, it’s important for us to know the children we work with as deeply as we can, so we can relate to them and get in touch with their personalities. Once we have had the chance to observe children, we are able to plan activities and lessons according to individual learning styles and the children’s attitudes towards learning. By doing this, we are able to make their first years within a learning environment proceed to their best potential.Read on to learn about Ethical IssuesEthical IssuesBefore carrying out an observation on any child, make sure you have received permission from the parents of the child, your supervisor and depending on the age of the child, the child herself/himself. Here is a list of Ethical Issues concerning observationsAnonymity is important because all of your observations as a teacher should be kept confidential. If anyone who isn’t supposed to read your observations does happen to find them, you need to take careful measures to ensure that only you will be able to make sense of them. You will need to change the names of all children involved in your observation (Child A, B, C etc.) as well as the school name and the members of staff names (Staff A, B, C etc.).Confidentiality is vital when working with children. You wouldn’t want to let a child’s file fall into the wrong hands. Only certain people are allowed to read your observations, such as your supervisor, the parents of the child if they ask, and the child themselves. You should ensure that your records are kept in a safe place, and treat them in a confidential manner.Objectivity is needed within the observations you make within the working place. You cannot let your personal feelings or thoughts intrude with your observations. You must check that all statements are accurate, supported by evidence and are not discriminatory.Storage of Data is used to ensure that data is kept in a secure place. It makes sure that only authorised people are given access to the records. This ties in with the Data Protection Act 1998.Rights of the parents and child. Each have the right to refuse being observed and to see the observation record. The parents have the right to refuse permission of observation. Accuracy is essential within an observation to ensure that children are not assessed on inaccurate evidence. The evidence recorded must be as true a reflection of the child’s actions as possible. If the record is not as accurate as it could be, we may not take the precautions to meet the needs of the child. Purpose of the observati on is needed. The observation you record should not be used in any way to harm the child. Responsibility to record the observation as accurately and as carefully as possible is yours. Conclusions should be fair and supported by reasonable evidence. This ensures that the observation is used to the benefit of the child.
Saturday, January 4, 2020
Colors In The Great Gatsby - Free Essay Example
Sample details Pages: 2 Words: 473 Downloads: 6 Date added: 2019/03/26 Category Literature Essay Level High school Tags: The Great Gatsby Essay Did you like this example? The Great Gatsby, written by F. Scott Fitzgerald in 1925, is often considered one of the greatest American novels of all time. The storyline, and the intricate weaving of the writers own thoughts and ideas into the book are quintessential to the development of the story. Often overlooked, however, is Fitzgeralds usage of simple themes to convey larger ideas. In a prime example of such, Fitzgerald uses colors to convey personality, thoughts and feelings, and background. The usage of colors including green, white, yellow, and blue can portray what a person is really like under their facade. Green is used throughout the book, and is a metaphor for multiple things. In real life, the spring is short, green, full of life, and is considered one of the best times of the year by many. In the actual story, however, the recurrence of the color green does not represent this rebirth. Instead, Jay Gatsby spends his nights looking across the Long Island Sound at a faint green light on the other side. The light is at the end of Daisy Buchanans dock, an ex lover of Gatsbys, and he sees the light, as well as Daisy, as something he can never reach. A notable addition to this can be drawn from the fact that Gatsby also seems green with envy at Tom Buchanan, Daisys husband. Green is the color of money, and it can be drawn from this that green can be used to allude to the things which Gatsby values most in his life. Gatsby tries his whole life to reach what he believe will make him happy, which are represented by the green in the story, mainly Daisy and the green light, green money, and th e green grass on the grounds of his house. Don’t waste time! Our writers will create an original "Colors In The Great Gatsby" essay for you Create order Another prominent color used throughout the book is white. White occurs when Fitzgerald is trying to convey a air of purity and beauty. The color is closely associated with women, specifically Daisy, as a daisy is a white flower is often used to portray innocence and fertility. The first time Daisy and Jordan are described in the story, they are both wearing white, which is meant to convey their innocence. At Gatsbys party, Fitzgerald describes one of the movie stars as a scarcely human orchid of a woman who sat in state under a white plum tree, (Fitzgerald 104). This furthers the usage of white to describe beauty and purity, also with the description of the woman as an orchid, a fragile white flower. Despite the beauty of the color white as described in the story, the people described as white are actually very ugly on the inside. This is evidenced as Daisys toxic and manipulative personality. It shows how Fitzgerald is trying to tell the reader about the dangers and the reality of many people in the upper class.
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