...harboring and concealing, and of conspiracy to harbor and conceal, an escaped federal prisoner, and she appealed. The Court of Appeals, Duniway, Circuit Judge, held that the evidence was sufficient to support defendant's conviction, that certain testimony did not constitute improper hearsay, that jury instructions were proper, and that defendant was not prejudiced by the fact that her attorney also represented a coconspirator. The evidence was sufficient to support a jury finding that Kutas knowingly harbored and concealed an escaped prisoner. Prior Proceeding: The court instructed the jury as follows: The words “harbor” and “conceal” refer to any physical act of providing assistance, including food, shelter, and other assistance to aid the prisoner in avoiding detection and apprehension. *529 In light of the interpretation given to “harbor and conceal” in United States v. Hobson, supra, 519 F.2d at 773-74, the instruction was correct. Issue or Issues: Based on Kutas conviction and sentence why did Ackerman failed to tell her about her rights to a separate counsel and influenced her improperly? Rule of Law: 9th circuit is that to prevail on its ground, the defendant has the burden of establishing that the joint representation in fact created an actual conflict of interest and prejudiced her defense. See, e. g., United States v. Nystrom, 9 Cir., 1971, 447 F.2d 1350, 1351; Davidson v. Cupp, 9 Cir., 1971, 446 F.2d 642, 643. Kutas argues that we should reject this approach in...
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...there are also others that are for war due to their own beliefs, whatever they may be. I am one of those people who believe that conflict and war not only is inevitable, but a necessary solution for maintaining overall peace on this planet. With the ever-growing population of this planet, resources are becoming more and more scarce and rapidly increasing in need for civilization as a whole. Fossil fuels, grain, and potable drinking water are among a few of the resources needed for life in today’s world. Just as the demand grows for needed supplies, the tension grows in the hearts of men who are in need and cannot find which in turn results in swift conflict in order to acquire what is needed. I believe in going to war to ensure the future security in society as a whole. Some see that the only just cause for war is strictly in defense, which is when the enemy comes to you. Why not go to the enemy and attack first to ensure the upper hand? Or if you know that a certain country is invading another country solely to build a force to attack us? Take the fight to them I say, and destroy the force that threatens the life and liberty of our families and fellow citizens. In our world, we will always have to deal with the so-called extremists or fundamentalists. The problem with these people is not their convictions, but the way they translate their convictions into everyday life. The problem is that you cannot argue with such individuals in a decent rational manner and therefore diplomacy...
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...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...History The Star is an English-language, tabloid-format newspaper in Malaysia. It is the second largest English newspaper in terms of circulation in Malaysia, according to the Audit Bureau of Circulations. It has a daily circulation of between 290,000 to 300,000. The Star is also published online for free. The Star Online sits among the most popular news sites in Malaysia. The Star is a member of the Asia News Network. The Star is majority-owned by the Malaysian Chinese Association the third-largest party in the ruling Barisan Nasional alliance. Its major competitors are the New Straits Times and The Sun, both tabloids. The daily newspaper was first published on 9 September 1971 as a regional newspaper based in Penang. The STAR went into national circulation on 3 January 1976 when it set up its new office in Kuala Lumpur. In 1978, the newspaper headquarters was relocated to Kuala Lumpur. The Star continues to expand its wings over the years. In 1981, it moved its headquarters from Kuala Lumpur to Petaling Jaya which is also its current premise to accommodate a growing number of staff and technology devices. The Star (daily) and Sunday Star are published in five editions – two editions which cover the northern peninsular states of Penang, Kedah, Perlis, Kelantan and northern Perak, while another two editions cover the rest of the country. As of March 2010, the newspaper has a separate Sarawak edition priced at RM1.20. There are two main printing plants that publish...
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...structures on the law within larger logical frameworks. Louisiana has some of the toughest laws when it comes to felony conviction. Introduction This may seem somewhat objective, but did you know that the laws of Louisiana are different...
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...TO: CEO XYZ Toys SUBJECT: Title VII of the Civil Rights Act of 1964, Constructive Discharge Success in sales and marketing has resulted in an increased demand for XYZ Toys. In response to this increase in demand, a shift change was implemented for all production employees. The new schedule requires employees to work in 12 hour shifts, with four days on, and four days off, Monday through Sunday. One employee resigned from the firm, and has filed suit under Title VII of the Civil Rights Act of 1964 (Title VII), claiming constructive discharge on the grounds of religious discrimination, as the change in work schedule required the employee to work on a religious holy day. The purpose of this memorandum is to clarify the legal position of XYZ Toys with regards to the suit filed against the firm, and to make recommendations to guard against future legal issues based upon Title VII. Constructive Discharge The production shift schedule change required the employee to work on a day that the employee regarded as a holy day. A reasonable person might then conclude that XYZ Toys has created a work environment which is intolerable, and the employee had no option other than to resign ("Constructive Discharge/Forced To Resign," n.d.) The suit filed by the Complaint is based on religious discrimination, and is valid under section 703. (a) Title VII of the Civil Rights Act of 1964, which defines unlawful employment practices. (a) Employer...
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...Elements of Conflict resolution and peacemaking Taria Gale Psy 400 October 18, 2015 Robin Harris Elements of Conflict resolution and peacemaking The conflict has been around since the beginning of time. There are conflicts amongst individual, states, cities, countries and families, but there is always a mention or motivation to make peace from the conflict at some point. A relationship or an organization without conflict is probably apathetic (Myers, 2010). Conflict signifies involvement, commitment, and caring (Myers, 2010). If the conflict is understood and recognized, it can end oppression and stimulate renewed and improved human relations (Myers, 2010). Without conflict, people seldom face and resolve their problem (Myers, 2010). Competition the act or process of trying to get or win something (such as a prize or a higher level of success) that someone else is also trying to get or win. The act or process of competing: actions that are done by people, companies, etc., that are competing against each other the competition: a person or group that you are trying to succeed against a person or group that you are competing with ("Competition," 2015). According to Staniland (2012) “One of the most underexplored phenomena in the study of civil war is ‘‘ethnic defection. Ethnic defection is ’’—‘‘a process whereby individuals join organizations explicitly opposed to the national aspirations of the ethnic group with which they identify and end up fighting against their co-ethnics’’...
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...Development’, which followed up 411 London males from age 8 to age 48- 50, in order to investigate risk factors in offending. The study by Juby & Farrington involved 75 WhiteBritish males born around 1953, who grew up in an inner city area of London and came from disrupted families and a comparison group of 344 WhiteBritish males born at the same time and who grew up in the same location, who came from intact families. The disrupted and the comparison groups were roughly similar in terms of age, ethnicity and social class (mainly working-class) and came from the same location, since all the boys were participants in Farrington‘s large longitudinal study. The dependent variables measured were the number of adult convictions of the P’s, the number of juvenile convictions of the P’s & the number of self-reported juvenile delinquencies. Results of the study showed that when comparing the data of both groups (disrupted family & intact family) there was a higher percentage scored on each of the three measures of the dependent variable of criminality in the disrupted family group than the intact family group. Also, amongst the P’s in the disrupted families, higher percentages were scored on each measure of criminality if the P’s mother was absent, compared to when the mother was present. This answer directly addresses the impact of upbringing in a disrupted family on criminality. The answer is detailed and...
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...to see the significance in unchanged traditional culture and only wished to promote his self interest. This same selfish promotion tragically brings the Price family to it’s end. The novel is told through the eyes of all four daughters(Rachel, Adah, Ruth May, and Leah Price) and Nathan’s wife, Orleanna Price. Since we are given numerous perspectives from the Price family, we see Nathan’s actions happen first hand. Within the first few chapters we see Nathan’s decision of completing a mission in Africa consume the already established life of the family. Although the daughter’s fail to understand the significance of the mission, the family reluctantly follows. This decision creates conflict from the very beginning of the novel, and initiates a line of dominos pieces, placed with conviction, that...
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...expression and therapeutic release to deal with life events. He claimed that his statements where not meant in a literal sense, but in legal terms he did not have a subjective intent to threaten anyone. The trial court denied Elonis motion to dismiss the case. The court held that proper testing for determining if an individual’s threat is an objective one. Elonis appealed to the US Court of Appeals which affirmed his conviction, and the US Supreme Court agreed to hear his case. Issue: Under...
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...that the ruling was botched. The vote tied four to four after Harlan had changed (Clay v. United States). A stop would have brought about Ali being imprisoned for draft avoidance and, since no suppositions are distributed for gridlocked choices. A trade off proposed by Stewart, the conviction would be turned around referring to a specialized blunder by the Justice Division, progressively won consistent consent from the eight voting judges (First Amendment Center). The Court then, held that since there was no purpose behind the refusal of a conscientious objector exemption to Ali, and that it was difficult to decide on which of the three grounds offered in the Judicial Branch's ruling, Ali's conviction must be turned around (Bingham). The Court contemplated that Ali fulfilled the initial two tests of protest. With respect to third test, the Court reasoned that regardless of whether Ali met the test of honest protest to war in any structure, it was not clear that the Appeal Board depended on some ground in denying the case, and along these lines the conviction couldn't stand, Judges William O. Douglas and John M. Harlan agreed (Freedman). Ali was then set free on the grounds that the terms of the conviction were not clear. Muhammad Ali won the the case after losing years of his prime, however he fought for his freedom to exercise religion freely and had...
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...verdict. The jury is group of 12 peers that are sworn to listen to the facts of a case. Jurors are questioned by the prosecution and defense to try to insure they are not biased. A unanimous decision is required for conviction. While opposing attorneys are to represent their clients to the best of their abilities they are also officers of the court. As officers of the court lawyers have an ethical duty to tell judges the truth. In the civil system the judge establishes the facts of the case, brings charges, gathers the evidence, and questions plaintiffs and defendants. Attorneys play a less active role in defending their clients, they are charged with finding the truth. In a criminal trial the decision is made by a judge or group of judges and a small group of lay assessors. Lay assessors are selected randomly from the population. They are not questioned by the prosecution or the defense, so they could be biased. A two-thirds majority is usually required for conviction. The US Constitution gives us certain rights that the civil law system does not. For example in the US, you have the Presumption of Innocence, The right to trial by jury, right to a speedy trial. In the US the states have the right to adopt whatever law system they want, as long as it doesn’t conflict with the constitution or federal law. Therefore there would be some issues attempting to apply a complete civil law overhaul in the US. In the Supreme Court case of The State of...
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...the world. I will attempt to answer, in this chapter, such questions as ‘what is a dialogue?’, ‘what does urge Christians and Muslims to engage in dialogue?’, ‘what are the difficulties of dialogue?’, what are the topics to be studied for a sound dialogue?’ and others. With the exception of natural cataclysms that attacked our planet earth, the number of people who died in or because of ‘religious wars’ in the history of humankind is much bigger than those who died in anything else. A great number of people were persecuted, bodily or morally, because of their faith. A similar number of people were, in a way or in another, forced to abandon their religious convictions and adapt others for different reasons: survival, benefits, refusing to be marginalized or persecuted. The world of nowadays is seething because of ‘conflict of religions’, mainly religious fundamentalism, not to mention many, first Gulf War, September 11,...
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...Driving under the influence and religion Erin O’Brien Criminal Law Prof. Toni Starcher Drunk driver, Brent Birch struck pedestrian, Leah Russell with his car causing severe life-threatening injuries; he was on probation from a prior DUI case at the time. Ms. Russell lived long enough to refuse blood transfusions at the hospital citing a religious conflict; she was a Jehovah’s Witness. Ultimately, she succumbed to her injuries at the hospital a short time later. Jehovah’s Witnesses see blood transfusions as one of many barriers that could keep them out of heaven when they pass away. Because of this fact, many Jehovah’s Witnesses carry a card in their wallet that states this fact and that they fully understand their decision could have irreprehensible consequences to their potential quality of life. They do this so medical professionals do not deem their decision to be one made under extreme duress and under the influence of extreme pain (C. Miyoshi, personal communication, December 13, 2013). This case was a driving under the influence case that was complicated by the fact that Ms. Russell’s religious beliefs kept her from medical treatment that could have possibly saved her life. During the trial of Mr. Birch, prosecution witnesses testified that the blood transfusions might have saved her, but that they couldn’t be sure, though. If convicted of his charge of second-degree murder, according to the California Penal Code section 190, Mr. Birch would face 15 years...
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...due process clause of the 14th Amendment (U.S. Constitution) Construction of Penal Statutes * Letter of the Law (Common Law) vs. Spirit of the Law (California Constitution) * Common law is bound by the Letter of the Law * Penal Code Section 4, requires California statutes to be viewed in the context of the Spirit of the Law * Courts look at the literal meaning of the words in conjunction with the legislative intent which underlies the spirit in which the law was written * When language can interpreted 2 different ways, courts use that which is more favorable to the defendant Conflicting between Statues * Two state laws punish exactly the same act or omission as crimes, and they are obviously in conflict, the last one passed into law will control * The last law passed in a conflicting situation is taken in effect. Penal Code Section 7 – Words Defined 1. Willful – A purpose or willingness to commit the act. No intent to violate the law. 2. Negligent – A want or “lack” of attention to the probable consequences of the act, which a normal person would use 3. Malice – To vex, annoy or injure another person or the intent to do a wrongful act. 4. Knowingly – Only the knowledge that the facts...
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