...Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony. This Petitioner was sentenced to death due to the fact he commit murder in the first degree. The death sentence was agreed upon, his contention rejected, and the mitigating circumstances considering his age, meaning he had a constitutional right to the juvenile justice system. PROCEDURAL HISTORY A societal consensus was gathered that a far smaller number of those convicted under 18 have been sentenced to death than over 18. When the Bill of Rights were written, punishments were considered cruel and unusual, therefore the 8th amendment was added to the constitution, Ford v. Wainwright. Or evolving to make society more decent to prove the maturity, Trop v. Dulles. Petitioners have not mentioned that their punishments would have been considered cruel in the 18th century. With the common-law tradition, at least 281 offenders under 18, and 126 under 17, have been executed in this country. Also, with the cases 488 U.S. 887 (1988) and 487 U.S. 1233 (1988), certiorari was granted...
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...Case Review Worksheet CJ/354 Week Two Worksheet Part I: Case Review Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list: necessity | self-defense | defense of others | defense of home and property | resisting unlawful arrest | consent | duress | intoxication | mistake | age or infancy defense | entrapment | syndrome-based defenses | insanity defense | | | 1. Case 1: State v. Dejarlais State v. Dejarlais section in Ch. 8 of Contemporary Criminal Law Defense used: Consent 2. Case 2: Lopez v. State Lopez v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Insanity Defense 3. Case 3: People v. Ceballos People v. Ceballos section in Ch. 8 of Contemporary Criminal Law Defense used: Defense of Home and Property, Necessity 4. Case 3: Brazil v. State Brazill v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Age or Infancy Defense Part II: Short Answer Answer, in a minimum of 50 words, each of the following questions: 1. What is the adversarial system? The adversarial system, also known as adversary system. Many also refer to it as the legal system. They develop and present any arguments, gather, and submit any evidence they may have, as well as questioning any witnesses. Both parties are represented by attorneys...
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...The Use of Human Dignity in Death Penalty Cases: An International perspective An examination of cases from several jurisdictions that address the legality of the death penalty reveals various uses of the notion of human dignity. In 1972, in Furman v. Georgia, the United States Supreme Court declared all existing death penalty statutes at the time unconstitutional as a violation of the Eighth Amendment prohibiting "cruel and unusual punishment". There was no majority opinion, and each of the five majority members wrote a separate opinion. While three of them based their decision on the arbitrary and discriminatory application of the death penalty in the U.S., Justices Brennan and Marshall based their opinions on the per-se unconstitutionality of capital punishment. Justice Brennan argued that although human dignity is not explicitly guaranteed by the United States Constitution, it is the fundamental concept underlying the Eighth Amendment. In his opinion: "The State, even as it punishes, must treat its members with respect for their intrinsic worth as human beings. A punishment is "cruel and unusual, therefore, "if it does not comport with human dignity". He declared that the severity of capital punishment is degrading to the dignity of a man, and since even the vilest criminals share an inherent dignity, the punishment is unconstitutional. Though in Brennan words human dignity functions as a justification for the Eight Amendment, they seem to illustrate the psychological approach...
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...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
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...Cognitive, Conscious, Energetic and Behavioral Impact of Violent Video Gaming Experiences Gabriel Aaron Dionne Strayer University English 215 December 11th 2011 Cognitive, Conscious, and Behavioral Impact of Violent Video Gaming Experiences “Nonviolence means avoiding not only external physical violence but also internal violence of spirit. You not only refuse to shoot a man, but you refuse to hate him.” Martin Luther King, Jr. Brainy Quote (2011) Identifies Violence as: The quality or state of being violent; highly excited action, whether physical or moral; vehemence; impetuosity; force. Injury done to that which is entitled to respect, reverence, or observance; profanation; infringement; unjust force; outrage; assault. Ravishment; rape; constupration. To assault; to injure; also, to bring by violence; to compel. This statement gives insight to the ideology of violence being compelled or brought about in an individual through excited actions. The level of violence in video games is astounding not to mention the level of realism which can totally encapsulate you in the gaming experience leaving you feel like that experience was real on a conscious, cognitive, and behavioral level. Long gone are my days of Mario bouncing on mushrooms these days it is assault rifles, hand grenades and tactical missile strikes. Entertainment Software Rating Board (n.d.) provides a list of potential violent behaviors that may be found within our children’s gaming experience and it...
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...The Microsoft Antitrust Case* by Nicholas Economides** Revised April 2, 2001 Abstract This paper analyzes the law and economics of United States v. Microsoft, a landmark case of antitrust intervention in network industries. The United States Department of Justice and 19 States sued Microsoft alleging (i) that it monopolized the market for operating systems of personal computers and took anti-competitive actions to illegally maintain its monopoly; (ii) that it attempted to monopolize the market for Internet browsers because such browsers would create competition for operating systems; (iii) that it bundled its browser (Internet Explorer) with Windows; and that it engaged in a number of other anti-competitive exclusionary arrangements with computer manufacturers, Internet service providers, and content providers attempting to thwart the distribution of Netscape’s browser. The District Court Judge found in most points for the plaintiffs and ordered the breakup of Microsoft into two companies, one with all the operating systems software, and one with all other products of the company. The District Court also imposed a number of severe restrictions on the business conduct of Microsoft. We analyze the economic issues related to liability. We also analyze the applicability and effectiveness of the remedies imposed by the District Court and contrast them with other potential remedies. * Forthcoming in Journal of Industry, Competition and Trade: From Theory to Policy (August 2001)...
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...English Language Proficiency Assessment in the Nation: CURRENT STATUS AND FUTURE PRACTICE Edited by Jamal Abedi U N I V E R S I T Y O F C A L I F O R N I A , D AV I S • S C H O O L O F E D U C A T I O N Copyright © 2007 The Regents of the University of California The work reported herein was supported in part by the National Research and Development Centers, PR/Award Number R305A050004, as administered by the U.S. Department of Education’s Institute of Education Sciences (IES). The findings and opinions expressed in this report are those of the author(s) and do not necessarily reflect the positions or policies of the Institute of Education Sciences, or the U.S. Department of Education. T his study required the participation of all fifty states, their assessment directors, particularly those involved with the NCLB Title III assessments. Their cooperation and patience is much appreciated, and their dedication to educating young people is greatly admired. We cannot thank the states enough for their collaboration with this project. Many people generously contributed to the development of this report. We are especially indebted to the chapter authors for their invaluable contributions and for their patience throughout this process. Sue Rigney from the U.S. Department of Education contributed greatly to the quality of this work by providing excellent comments and suggestions. We are so grateful for her support, advice and contribution to this report. Kathleen Leos of the U.S...
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...thrive, we s h o u l d s p e n d m o r e time l o o k i n g around them — at s u c h things as their family, their birthplace, or even their birth d a t e . T h e story o f s u c c e s s is m o r e c o m p l e x — a n d a lot m o r e interesting — than it initially a p p e a r s . Outliers e x p l a i n s w h a t the B e a t l e s a n d Bill G a t e s have in c o m m o n , the e x t r a o r d i n a r y s u c c e s s o f A s i a n s at m a t h , the h i d d e n a d v a n t a g e s o f star athletes, why all t o p N e w York lawyers have the s a m e r é s u m é , a n d the r e a s o n y o u ' v e never h e a r d o f the w o r l d ' s s m a r t e s t m a n — all in terms o f g e n eration, family, c u l t u r e , a n d c l a s s . It matters w h a t year y o u were b o r n if y o u want to b e a S i l i c o n Valley billionaire, G l a d w e l l a r g u e s , a n d it matters w h e r e y o u w e r e b o r n if y o u want to b e a s u c cessful p i l o t . T h e lives o f outliers — those p e o p l e w h o s e a c h i e v e m e n t s fall o u t s i d e n o r m a l e x p e r i e n c e — follow a p e c u l i a r a n d u n e x p e c t e d l o g i c , a n d in m a k i n g that l o g i c p l a i n G l a d w e l l p r e s e n t s a fascinating a n d provocative b l u e p r i n t for m a k i n g the m o s t o f h u m a n potential. (continued on back...
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...INSTITUTE In partial fulfillment of the requirement for the Degree of Master of Science in Construction Project Management February 2003 Approved Prof. Roberto Pietroforte, Thesis Advisor Prof. Fredrick L. Hart, Head of Department Abstract The objective of the study was to map the structure of the construction engineering and management (CEM) discipline and its contents, trace its evolution, and to identify the most prevailing research areas in the discipline. The study entailed a review of the literature in construction engineering and management as well as two of the leading academic journals in the discipline, particularly a bibliometric study of the contents of the ASCE Journal of Management in Engineering (JME), as a case study of the CEM refereed journals. The JME’s contents were investigated from its onset in 1985 until 2002. The results of the analysis show that 70% of the published papers focused on four main subjects: management and organization of the firm, project management, industry structure and environment, and management of personnel. Considerable changes occurred within the subjects with the emergence of new topics and the decline of others over the eighteen years of publication. The study also analyzed the use of keywords, research methods, and identified authors, and the concentration of knowledge. The JME is mainly concerned with the managerial aspects of engineering, while ASCE Journal of Construction Engineering and Management (JCEM) focuses...
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...HOW TO Prepare Your Curriculum Vitae Revised Edition Acy L. Jackson and C. Kathleen Geckeis Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Manufactured in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. 0-07-142626-4 The material in this eBook also appears in the print version of this title: 0-07-139044-8 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For more information, please contact George Hoare, Special Sales, at george_hoare@mcgraw-hill.com or (212) 904-4069. TERMS OF USE This is a copyrighted work and The McGraw-Hill Companies, Inc. (“McGraw-Hill”) and its licensors reserve all rights in and to the work. Use of this work is subject to these terms. Except as permitted under the Copyright Act of 1976 and the right to store and retrieve...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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...The History of Information Technology March 2010 Draft version to appear in the Annual Review of Information Science and Technology, Vol. 45, 2011 Thomas Haigh thaigh@computer.org University of Wisconsin, Milwaukee Thomas Haigh The History of Information Technology – ARIST Draft 2 In many scholarly fields the new entrant must work carefully to discover a gap in the existing literature. When writing a doctoral dissertation on the novels of Nabokov or the plays of Sophocles, clearing intellectual space for new construction can be as difficult as finding space to erect a new building in central London. A search ensues for an untapped archive, an unrecognized nuance, or a theoretical framework able to demolish a sufficiently large body of existing work. The history of information technology is not such a field. From the viewpoint of historians it is more like Chicago in the mid-nineteenth century (Cronon, 1991). Building space is plentiful. Natural resources are plentiful. Capital, infrastructure, and manpower are not. Boosters argue for its “natural advantages” and promise that one day a mighty settlement will rise there. Speculative development is proceeding rapidly and unevenly. But right now the settlers seem a little eccentric and the humble structures they have erected lack the scale and elegance of those in better developed regions. Development is uneven and streets fail to connect. The native inhabitants have their ideas about how things should be done, which sometimes...
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...The Maritime Strategy of China in the Asia-Pacific Region Origins, Development and Impact HUANG, AN-HAO Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy August 2009 School of Social and Political Sciences Faculty of Arts The University of Melbourne Produced on archival quality paper ABSTRACT This thesis aims to examine how and why a continental-oriented China has shifted its maritime strategic orientation and naval force structure from its coast toward the far seas in an era of interdependent international system. Generally, China is an ancient continental land power with an incomplete oceanic awareness. With the transformation after the Cold War of China’s grand strategy from landward security to seaward security, maritime security interests have gradually become the most essential part of China’s strategic rationale. Undoubtedly, the quest for sea power and sea rights has become Beijing’s main maritime strategic issue. Given China’s escalating maritime politico-economic-military leverage in the Asia-Pacific region, its desire to become a leading sea power embodying global strategic thinking means that it must expand its maritime strategy by developing its navy and preparing for armed confrontation in terms of international relations realism. Conversely, Beijing’s maritime policy leads at the same time towards globalization, which involves multilateralism and strategic coexistence of a more pragmatic kind. This research...
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...APA Referencing A Guide for CPIT Students This guide is based on the 6th edition of the Publication Manual of the American Psychological Association (2010) Please email: learningservices@cpit.ac.nz with any feedback January, 2015 1 Contents: How to use this guide: ................................................................................................ 4 What is referencing? ................................................................................................... 4 Why do you need to reference?.................................................................................. 4 When do you need to reference? ............................................................................... 4 How do you reference APA style? .............................................................................. 5 In-text citation .......................................................................................................... 5 Reference list .......................................................................................................... 5 Examples of citation in text when using a paraphrase (Check with your Department). ........................................................................................................ 5 Examples of citation in text using direct quotations ................................................. 5 Short quotations .........................................................................................
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...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born...
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