The Basic Concepts of Criminal Defense

The Basic Concepts of Criminal Defense Free Online Research Papers The basic concepts of criminal defenses are to prove your client innocent or get them a lesser criminal charge. Therefore you and or your staff (paralegal(s)) needs to research the type of crime your client is being accused of to see if there are any prior cases similar to the charges that are being brought about your client. Once you find cases similar to your case, the first item to look for is the result of the case guilty or not guilty, original charges filed or lesser charges determined by the jury. Appropriate defenses are developed by determining what made the cases defense or set it up for failure. Was there any or enough evidence? What facts are you able to find in those cases that my benefit you case? What failed that case that you should be cautious of? What failed that case that may help your case? Once you find the pieces you need you will then entice your research of the pieces to benefit your clients’ defense. The criminal defense used in the felony case I chose apparently was battered wife defense. In researching the term battered wife defense I found various definitions but the most descriptive info I found was as follows, Battered woman syndrome describes a pattern of psychological and behavioral symptoms found in women living in battering relationships. People v. Romero, 13 Cal Rptr 2d 332, 336 (Cal App 2d Dist. 1992); See Walker, L., The Battered Woman Syndrome (1984) p. 95-97. There are four general characteristics of the syndrome: 1. The woman believes that the violence was her fault. 2. The woman has an inability to place the responsibility for the violence elsewhere. 3. The woman fears for her life and/or her childrens lives. 4. The woman has an irrational belief that the abuser is omnipresent and omniscient. According to www.dictionary.com, omnipresent means present everywhere at the same time. Omniscient means having complete or unlimited knowledge, awareness, or understanding; perceiving all things. â€Å"Apparently battered womans syndrome has been used in criminal cases since the late 1970s. Experts must qualify to testify on this syndrome as they must in any other case.† (divorcenet.com/states/oregon/or_art02). The defense developed in the case was appropriate due to the fact that Dixie Shanahan had been abused for years on end even though it would come and go in spurts. I don’t think there could or would be more appropriate defense per her case accept for maybe temporary insanity. I actually can see both sides of it though. When reviewing the description of the assignment it says that she went directly to the closet got the gun shot him dead blank then wrapped his body and closed off the room for a year. Per her defense she said that he already had the gun and she got a hold of it more or less. In any event she was in fear of her life and the lives of her children. What ever happened at that moment, she pulled the trigger. She is guilty of murder or voluntary manslaughter. Being that I have been in a similar situation, seeing my mother battered for the first seven years if my life as a child and also being the target of that abuse here and there myself during those seven years I can understand that fear. My mother lost what would have been my twin brothers due to being knocked down a flight of stairs. Six years later, I saw my mother and my now step father almost murdered in front of my 7 year old eyes. If I hadn’t made a sound that made them stop then me and my little sister and brother may have been with out the parents that raised us. Luckily, they didn’t see me, but I had caused enough ruckuses to make them run from the scene of the crime they had just committed. My mother never knew that I had seen everything being that I was too afraid to tell her. As a result of that night, we moved to a different state. I couldn’t see the whites of my mothers’ eyes for almost 2 years because they were solid red due to the blows that she had received from a 24 board. After 3 years of being on the run away from the psycho my parents decided to move back to our home state. I started having major seizures again (being epileptic) and apparently I started acting out. I finally told my mother that I had seen everything. I actually feel guilt for that sometimes because I could have been a witness against them yet as a child fear totally took over. Being that I saw so much and also experienced physical abuse as a child I can understand why the Dixie did what she did and why the citizens of her community and the governor gave her leniency. Due to what I experienced and witnessed I am a very head strong person and I can say with no guilt that I would do the same thing if I was as weak as her and had gotten to my limit as did she. Though being as head strong as I am due to experiencing what I did experience, I would leave the first time around if a man ever tried to do to me what my mother and Dixie experienced. With all the laws we have today pertaining to spousal abuse and bodily harm in general no one can say that there is nothing that can be done for actions that occur in that mannerism. A case I found that was quite similar to the one I chose for this project was the recent case of Mary Winkler, the wife of the Tennessee Minister Matthew Winkler, who was at the time the minister of the Fourth Street Church of Christ in Selmer, Tennessee. It is almost a duplicate situation of Dixie Shanahan’s case. She was continuously physically, mentally and sexually abused. All of which lead to her a point that she could not handle it anymore. She admitted to getting the gun yet claimed that she thought it didn’t have a bullet in it. She shot her husband from behind in the back. Yet, she plead insanity was convicted of voluntary manslaughter and released in august of this year from a mental institution. She didn’t even get half of the time that Dixie got. (cnn.com/2007/US/law/09/12/winkler.oprah/index.html). As you can see as time goes on changes happen. Even years prior to Dixie’s case she could have gotten the death penalty, though she did n’t. It all depends upon the time of the crime, how and where the crime occurred and last but not least the minds of the jury, how they see your situation evidence or no evidence it is the jury that makes the final decision. Research Papers on The Basic Concepts of Criminal DefenseUnreasonable Searches and SeizuresPersonal Experience with Teen PregnancyCapital PunishmentThree Concepts of PsychodynamicThe Fifth HorsemanEffects of Television Violence on ChildrenThe Effects of Illegal ImmigrationThe Relationship Between Delinquency and Drug UseTwilight of the UAWRelationship between Media Coverage and Social and

Description and Care of the Monkey Puzzle Tree

Description and Care of the Monkey Puzzle Tree Monkey-Puzzle Tree is a wild, scary evergreen with open splaying and spiraling branches. The tree can grow to 70 feet tall and 30 feet wide and forms a loose, see-through, pyramidal shape with a straight trunk. The tree is so open you can actually look through it. The leaves are dark green, stiff, with sharp needles that cover the limbs like armor. Monkey-Puzzle tree makes an attractive, novelty specimen for large, open yards. It is seen in large numbers in California. Specifics Scientific name: Araucaria araucanaPronunciation: air-ah-KAIR-ee-uh air-ah-KAY-nuhCommon name(s): Monkey-Puzzle Tree or Puzzle TreeUSDA hardiness zones: 7b through 10Origin: Chile (national tree) and the Andes of South America.Uses: garden specimen; indoor tree specimenAvailability: somewhat available, may have to go out of the region to find the tree. Monkey Puzzles Range There are no native monkey puzzle trees in the United States. The natural monkey puzzle tree is now found in two small areas in the Andes and on the coastal mountain range. It is a highly fire-adapted species, occurring in an area where fires have long been caused by volcanic activity and, since the early Holocene, by humans. The tree can grow in North America along the coastal zone from coastal Virginia, down the Atlantic, west through Texas and up the Pacific coast to Washington. Description Dr. Mike Dirr in Trees and Shrubs for Warm Climates says: The habit is pyramidal-oval in youth, later with a slender bole and ascending branches near the top....cones are about twice the size of hand-grenades and hurt even worse. Tolerates extremes of soil, except permanently moist. Etymology The origin name Monkey-puzzle derives from its early cultivation in Britain in about 1850. The tree was very popular in Victorian England. Legend has it that an owner of a young tree specimen in Cornwall was showing it to a group of friends, and one made the remark, it would puzzle a monkey to climb that. The popular name became, first monkey-puzzler, then monkey-puzzle. Prior to 1850, it had been called Joseph Banks Pine or Chile Pine in Britain even though it is not a pine. Pruning The Monkey Puzzle needs to be isolated from other trees for the best display of its graceful and natural limb sweep. Maintain a central leader and do not top for best effect. Branches should be protected and only pruned if dead wood appears. Dead branches are hard to work on but will cause the tree to decline if not removed. Monkey Puzzle in Europe Monkey-puzzle was introduced to England by Archibald Menzies in 1795. Menzies was a plant collector and naval surgeon on Captain George Vancouvers circumnavigation of the globe. Menzies was served the seeds of the conifer as a dessert while dining with the governor of Chile and later sowed them in a frame on the ships quarterdeck. Five healthy plants made it back to Great Britain and were the first plants to be planted. Culture Monkey puzzle tree does best where the summers are cool and humid, and they are popular landscape oddities in England.Light: Full sun to partial shade.Moisture: Likes a moist, but well-drained soil and regular watering.Propagation: By seeds or by tip cuttings from vertical shoots. Cuttings from lateral-growing shoots will develop into sprawling shrubs. In-Depth Description Monkey-puzzle prefers well-drained, slightly acidic, volcanic soil but will tolerate almost any soil type provided drainage is good. It prefers temperate climates with abundant rainfall, tolerating temperatures down to about −20 Â °C. It is far and away the hardiest member of its genus and the only one that will grow in mainland Britain, or in the United States away from the extreme south. In Canada, Vancouver and Victoria have many fine specimens; it also grows on the Queen Charlotte Islands. It is tolerant of salt spray but does not like exposure to pollution. It is a popular garden tree, planted for its unusual effect of the thick, reptilian branches with a very symmetrical appearance. The seeds are edible, similar to large pine nuts, and are extensively harvested in Chile. A group of six female trees with one male for pollination could yield several thousand seeds per year. Since the cones drop, harvesting is easy. The tree, however, does not yield seeds until it is around 30-40 years old, which discourages investment in planting orchards.

Current topics in HR Research Paper Example | Topics and Well Written Essays - 2500 words

Current topics in HR - Research Paper Example which was concerned with the installation of an appropriate course of action for trying and certifying hour and wage class judgments, made the process of class certification more accurate. The court recommended that a feasible trial plan should be set up, which should give equal contemplation to both the existing class issues along with those issues that would be practiced with managerial efficiency while respecting the rights of the employers (Crain and Kim 7-8). The plan would also sanction presenting evidences by the employer, which were pertinent to the subjects of both damages and liabilities. It must also permit the employers to formulate the use of confirmatory defenses towards the class as a whole or mainly some members belonging to the class (Jones Day Publications, â€Å"California Supreme Court Ruling to Make Class Certification Process More Rigorous†). This case came under the Supreme Court’s judgment, fought by Henry Jong, an outpatient pharmacy manager for Kaiser against the company. The manager claimed that he had owed unpaid overtime that had been earned from the suspected â€Å"off-the-clock† hours, which either the company knew or was supposed to know that Jong had worked. In his statement, the manager testified that he was aware of the policy that mentioned compensation of payment for all worked hours of Kaiser and also that he was recognizable with Kaiser’s rules of timekeeping and time recording system. Jong however agreed that he had signed a deed named â€Å"Attestation Form for Hourly Managers and Supervisors – Working Off-the-Clock not allowed†. The manager disclosed the fact that he did not knew if anybody in the Kaiser’s organization was aware that he was working off-the-clock. Finally, Jong submitted that he had rang an alarm code data from his pharmacy that was cross refer enced from his time records, which indicated that he had disarmed the alarm before the actual time, which he reported to begin his work. The subordinate trial

Contributions of Satirical Graphic Novels to the quality of Primary Essay

Contributions of Satirical Graphic Novels to the quality of Primary Education in the US - Essay Example This prompts the use of learning and teaching materials that are easy to understand given that these children can easily be distracted. One such example of educating material that makes up the content of primary school education is the use of satirical graphic novels that use wit and irony to bring out the real nature of a topic. Satirical graphic novels, among other graphic novels, have an aspect of encouraging the reader to keep on reading so as to grasp the intended meaning. However, not all agree to the use of these novels in educating children and think that they might have negative impacts on their leaning. This paper examines the various ways through which satirical graphic novels contribute positively to the quality of primary education in the US. The use of satirical graphic novels in primary education tremendously contributes to the understanding capacity of the children. Before looking at the ways in which satirical graphic novels contribute to the quality of primary education, we should first look at how they came into use in the education system. Historically, the use of satirical graphic novels in primary education has been a controversial issue with some people trying to contraindicate their advantages. Satirical graphic novels came to being through writers who wanted to use them to address some topics in education, especially primary education. Will Eisner produced the first satirical graphic novel in 1978, titled â€Å"Contract with God and Other Tenement Stories† (Schwartz 197). This novel represented the first graphic novel to be extensively used in primary education after discovery of the values of its use. It became widespread in primary schools, in the U.S. Satirical graphic novels have continued to gain p opularity in the past 25 years, in their use, in the primary educational system. These novels can be used in the teaching of all subjects through the incorporation of the desired information into graphics mode. This incorporation of satirical graphic novels into primary education in the United States over the years has led to disregarding of the mode by some researchers that deem it as destructive to education (Brown 65). However, the educational system came up with different levels according to the age difference and the developmental requirements of children so as to incorporate the use of graphic novels. The difference in age also represents the differences in level of understanding. As such, there is a proposition that the younger populations comprehend better in easy words and pictures, thus encouraging the use of graphic novels (Schwartz 197). On the contrary, there are a few individuals, who insist that these satirical graphic novels have made primary school children less att racted and conversant with pure reading of scripts and books. As a result of this, they advise and advocate their removal from the education system in the United States’ primary educational system. However, in this paper, I will base my focus on outlining the various ways that satirical graphic novels positively contribute to the quality of primary education. In contrast with some previous researcher’s views of the damaging effects of satirical graphic novels in primary education, there are many ways through which satirical graphic novels have values in primary education. This paper hopes to highlight the use and contribution of satirical graphic novels to primary education in the United States today. In doing so, it discusses the various aspects within satirical graphic novels that can be applied to children’s learning in primary education, as well as the various subjects in which they apply to and

Safeguarding the Wellbeing of Children and Young People

Safeguarding the Wellbeing of Children and Young People Explain how to support children and young people’s self-confidence and self-esteem A fundamental part of emotional development is the development of a young person’s self-confidence and self-esteem. Self-esteem can be defined as how you feel about yourself and your perceptions of yourself. Self-confidence is how you feel about your abilities and is dependent on each situation; it is shown through an individual’s behaviour and personality. There are four ways in which we can support our children in this area: interest, listen, expression and support. INTEREST : It is important to show a genuine interest in what a child is doing, learning about, discussing etc. In the class, ensure that you lower your body to their level and encourage them while they are working using lots of praise individually and in front of the class. This will also help to build a strong trusting relationship with pupils. LISTEN: By listening to a child this will also develop a strong bond and allow you to tune into a child’s behaviour and pick up on anything that may be upsetting them. I always make sure I make time to listen to whatever news and information the children tell me, giving them my undivided attention. This can gain trust as well especially if they need to express any worries. â€Å"The child needs to know that you are there to listen and, most importantly, that you will believe what he or she tells you† (Meggit 2013 p.142) EXPRESSION: A child must be able to feel that is perfectly normal to show a range of emotions they can feel sadness and also happiness and enjoyment. This creates a well-rounded individual that should feel confident enough to understand and express any concerns they may have. SUPPORT: Staff must always support and be there for the children in all situations whether they are related to school or home life. A friendly face and a smile at the start of the day can work wonders and will make you more approachable. Children need also to be supported through the school day, encourage pupils to try a more challenging activity like a complicated sum or climbing on a piece of gym equipment. This will motivate them and allow them attain higher levels. 6.2 Analyse the importance of supporting resilience in children and young people â€Å"Resilience is the capacity to bounce back from adversity. Protective factors increase  resilience, whereas risk factors increase vulnerability. Resilient individuals, families and  communities are more able to deal with difficulties and adversities than those with less  resilience. (www.gov.uk 2014) Teaching staff can help children to become confident individuals, to grow in independence and think for themselves. The more confident a child the more likely they are to be able to overcome adverse situations. In the class room children need support and encouragement but they also need a certain element of freedom to become more independent. For example for younger age groups allow them to dress themselves for PE or encourage them to put a dressing up costume on independently. This will teach them important skills, they may be frustrated initially but will feel a great sense of achievement when they can button up a shirt. With modern life being more pressurised and hectic we need to take time to reward and praise, recognise great efforts being made by a pupil in all areas of school life. This can help develop their own self-awareness, have a more positive attitude about themselves and set goals for the future. â€Å"Emotional intelligence or emotional well-being involves developing: positive self-esteem and self-image; emotional strength to deal with life’s highs and lows; confidence to face the world with optimism; and an awareness of our own feelings and those of other people† ( Kamen, 2012, p.300) 6.3. Explain why it is important to work with the child or young person to ensure they have strategies to protect themselves and make decisions about safety Nowadays we need to teach our children and young children both the dangers of face to face contact but also online contact too. They need to understand and recognise potential dangers and to be able to prevent putting themselves at risk and avoid harm. â€Å"You can teach children to be safe without scaring them – You just need to know how.† (www.kidpower.org 2014) Developing awareness starts in the early years foundation and continues right through to KS4 and by building trust with students as a support assistant they will be able to confide and talk to you if needs be. When explaining the need for safety it is important that it is dealt with calmly as you don’t want to increase fear and anxiety in the pupils. Local police officers often come into schools to discuss stranger safety, pupils are constantly reinforced about the importance of e-safety, road safety and the green cross code is often taught by outside groups in a fun but informative way and as they mature discussions which involve relationships, solvent/alcohol abuse must take place. PSHE (personal, social and health education) lessons do provide a perfect forum for such issues and to discuss problematic issues. As an adult you must remember to address these issues using age appropriate language, make sure they have the knowledge to safeguard themselves, explain what is appropriate/inappropriate, not to keep secrets and that you can say no. My school setting also communicates with parents over the issues of e-safety and stranger danger. 6.4 Explain ways of empowering children and young people to make positive and informed choices that support their well-being and safety. Children and young people need to be empowered in order to make positive and informed choices and this in turn will support their well-being and safety. â€Å"Therefore, the most effective way to teach children they have the power to take positive action to work through the challenges before them (now and later in life), is to encourage this belief in ourselves, and to make choices take action that reflects this belief.† (www.earthkids.com 2014) The United Nations Convention on the Rights of the Child (UNCRC), changed the ways children are treated and viewed and outlines children’s rights and this document has empowered children. Within schools, teaching staff must help pupils to make the safe decisions, be supportive but discuss reasons. Children always push boundaries and as adults we must allow them to take and manage risks and grow in independence. For example when teaching children about road safety , they will be shown how to cross a road safely – stop, look ,listen and holding an adults hand, then the next step would be to cross with them without holding their hand and eventually the last stage would be crossing on their own. They are now empowered to make their own decision but throughout the process they have been supported and will understand the reasons for each stage. REFERENCE LIST www.earthskids.com/empwr.aspx (accessed November 2014) www.gov.uk/resilence_in_schools_health_inequalities 2014 (accessed November 2014) Kamen, T. (2011) Teaching Assistant’s Handbook for Level 3: Supporting Teaching and Learning in schools. Hodder Education www.kidpower.org/library/article/safe-without-scared (accessed November 2014) Meggit.C., Bruce.T., Grenier.J., (2012) Child Care and Education (2nd Edition) Hodder Education

Shared Service Costing

Helps In Identifying correct adoption of costing method which facilitates a transparent cost chargeable to Business Units (recipient of shared services) with granular Insight of the cost constituents. Introduction: In today's highly cost conscious environment, enterprise wide cost savings can be achieved by consolidating common work and infrastructure by using Shared Services units.But Business units often complain that Shared Services end up costing more than they targeted to save and also have the below questions:- â€Å"What are my Shared services costs made up off? † â€Å"Shared services costs are too high and affecting my product profitability' Shared services are unable to answer these questions due to lack of cost transparency in their cost models.Typical reasons for lack of cost transparency in shared services cost models are:- using complex costing methodology which makes measurement, chargeable and report to Business units difficult Lack of standardization of alloc ation logic Inability to completely automate the cross charging process Shared Service oodles † Our Shared services models enable cost transparency for multi-functional and reciprocal services rendered by Shared Services units.Cost transparency in context of Shared Services is to show the Business Services it consumes Cost of delivering these services Breaking the cost down to activities and resources involved in producing these services Allocation logic for cross charging On demand â€Å"what – with respect to demonstrate how costs change due to change In demand for services ,resource drivers and allocation logic Various automated cross charging models which reflect reciprocal services among Shared Services and eventually charge out to the Business are as follows:- Reciprocal costing model This costing model makes one time assignment of cost between Shared Services and eventually charges out Business for the Shared Services cost. This method Is easy to understand, fai rly accurate and facilitates In tracing cost to the origin. It also differentiates the rate at which Shared service unit Is charged with that charged to Business. Recursive costing model Services and Business. This method is accurate and reflects simultaneous charging at the same rate to Shared service and Business.Business benefits of the models: – (Positive Business Outcomes) Substantial reduction in lead time of calculating cross charging rates by eliminating manual and Increase in frequency of variance reporting which leads to repetitive interventions improved control of costs Detailed breakdown of cost of each service by the activities ensured and resources utilized Facilitates root cause analysis by tracing costs to origin for each service provided by Shared Services Availability of accurate and timely actionable cost data to analyze performance of Shared Services units and impact of its cost on Business Business benefits delivered.

Compare Contrast Essay Samples Reviews & Guide

Compare Contrast Essay Samples Reviews & Guide Whatever They Told You About Compare Contrast Essay Samples Is Dead Wrong...And Here's Why When you begin brainstorming and researching the subject, the odds are high you'll locate a wide collection of differences and similarities. Read and don't hesitate to share some intriguing differences between countries you've visited! Before you commence writing, you desire a very clear collection of points for comparing and contrasting. There are lots of words that it is possible to utilize to connect your thoughts and show how you're comparing or contrasting your topics. Realistically, either sort of essay will normally tackle both similarities and differences. Compare and contrast essays means you must analyze the similarities and differences between a few things. The end consequence of a comparison and contrast essay ought to be a deeper knowledge of a topic. The simplest portion of your essay to write is the conclusion because you are only summing up what you've already written. The introduction has three crucial elements. For instance, if you've got to generate a comparison between two distinct events through two aspects, you're need two paragraphs. Or you'll be able to use 1 paragraph to write about all of the similarities, and another paragraph to write about all of the differences between both topics, and after that use 1 paragraph to do your comparison. After discussing two distinct subjects independently, now you can analyze them together in a distinct paragraph. Each paragraph speaks on a single point of comparison when comparing both subject matters. It will have a topic sentence focused on the aspect you're comparing and contrasting. Check with the organizers as you compose the essay. Therefore, in case you have difficulties about how to compose a contrast essay, just stick to the tips outlined above. Our experts will let you know absolutely the very same, but after teaching you the way to compose a compare and contrast essay. While writing an outline for a compare and contrast essay there are only a few things that should be considered. These steps can assist you in writing this sort of essay outline. There's a fundamental format that this sort of essay should follow. There are many formats to select from when considering how to compose your essay. What You Need to Know About Compare Contrast Essay Samples You might also observe the descriptive essay. You can also understand the evaluation essay templates. Based on the strategy you wish to use, you'll need to choose an appropriate compare and contrast essay outline. Creating an outline before you even begin a rough draft can help you to organize your ideas, identify gaps that should be filled in, and allow you to write effortlessly. The introduction needs to be utilized to make a general outline of the comparison research paper. The subsequent outline may be used as a foundation for the essay. Your structure may vary widely. You could also enjoy the outline examples. The Dirty Facts About Compare Contrast Essay Samples Then you would concentrate on men within the next section. Just get those marks you need to include into your paper free of doubt. In the long run, it is going to be a four-paragraph paper. Listing characteristicsDivide a part of paper into two sides. Throughout the duration of your education and career (if you opt to be a writer), you will have the chance to work on different writing assignments and, obviously, essays are inevitable. In any event, you will need to be certain that your thesis statement reflects your instructor's expectations. This sort of essay is reportedly one of the absolute most required kinds of writing in college. As a way to continue to keep your essay informat ive and engaging, you will want to source for factual information which not only impresses the reader but also teaches them something they might not have already known. New Ideas Into Compare Contrast Essay Samples Never Before Revealed You may even go right ahead and mention some future developments. To make it simpler, our experts have divided a number of the best topics into 4 unique categories. The approach starts with brainstorming and deep investigating to obtain a wide collection of things that the topics have in common and various traits. Before you start to compare the 2 subjects, research to secure more knowledge on the topics you're writing about. Write down a list of topics you find appealing, analyze all the potential sources and select the one, which isn't only intriguing but has a great deal of evidence to found your essay on. In Lebanon, folks accept they belong to opposing groups, it is a foundation for identity and belonging, therefore it's not thought to be a taboo topic to be outwardly exclusive to a person's group. A complete number of paragraphs in the body section is dependent on a range of aspects or criteria you need to discuss. In case the topic you're working with is exciting for you, we're sure it is completely simple to work with this.