...From 1879 until the early 1930s, American courts followed the Hicklin test, which was taken from an 1868 English case, Regina v. Hicklin. Under this test, judges considered a work to be obscene if any portion of the material had a tendency "to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." In 1933, the Hicklin test was toppled in United States v. One Book Called Ulysses, in which a federal district judge decided to allow James Joyce's "Ulysses" to be imported and sold in America. Judge John M. Woolsey focused on the literary value of the entire work and its effect on a person with average sex instincts. He defined obscene as "tending to stir the sex impulses...
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...Abbreviated Quantitative Plan Abbreviated Quantitative Plan Introduction Recidivism amongst United States inmates has been an on-going battle since the existence of prison institution (Serin & Lloyd, 2009). As prison populations continue to grow today, statistics show one out of every100 adults are incarcerated (Boduszek, Adamson, Shevlin, Mallett & Hyland, 2013). Scholars have discussed and debated for centuries what factors tend to incite criminal behavior. Over time, many scholars developed theories implicating supernatural influence, genetics, and/or environment as the dominant factors that produced criminality (Serin & Lloyd, 2009). Far from accepting external forces as the sole motivating factors, scholars also looked internally for the answer, touting physiology, both mental and physical, as creating an innate predisposition to crime (Boduszek et al, 2013). Today, we recognize both internal and external factors as contributors to criminal behavior and recidivism (Serin & Lloyd, 2009). These factors, known as risk factors, are split into two categories: dynamic and static (Boduszek et al, 2013). Aptly named, static factors, like criminal history, family criminality, age at first admission to a correctional facility, number of prior incarcerations, and the commitment offense are related to recidivism but cannot be altered through the delivery of services (Boduszek et al, 2013). Dynamic risk factors, on the other hand, are changeable factors...
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...For example, Brennan states; "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." (Justice William Brennan 1). Brennan failed to consider Texas state law when he proclaimed his thought on the issue. Texas law states that desecration of the United States flag and Texas State flag is illegal if done in a displeasing manner that offends citizens. When Johnson was burning the flag, angry protesters shouted, “America the red, white, and blue, we spit on you.” (Protesters 400). Should this action be taken in vain? Since Johnson burned the flag out of anger and offended many people, he should be punished for his...
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...Running Head: Ethical Self Reflection Ethical Self Reflection [Name] [University and Area of Study] Abstract In many cases, a person must choose between two or more “rights” that may or may not align with both one’s moral and ethical standards. The care-based, rule-based, ends-based thinking to arrive at a decision rather than rationalizing after the fact are necessary for analyzing ethical dilemmas (Hughes, Ginnett, & Curphy, 2012, pp. 164-165). The self-reflection needed to identify one’s fundamental nature, and to understand the morals, ethics and values one uses to make decisions are critical to becoming an authentic leader who is a moral manager that serves the people that follow him or her (Hughes, et.al, pp. 152-153). Ethical Self Reflection What is right? Morals define personal character related to the ideas of both right and wrong. Ethics, while inherently linked to morals and one’s moral obligations, is a set of moral principles used in a social system in which those morals are applied. In other words, ethics point to standards or codes of behavior expected by the group to which the individual belongs. These standards could be national ethics, social ethics, company ethics, professional ethics, or even family ethics. So while a person’s moral code is usually unchanging, the ethics he or she practices can be dependent on exogenous factors not controlled by the individual or the group to which the individual belongs. Care-based thinking describes what is...
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...Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1. What are the facts? 2. What are the issues? 3. What laws apply? 4. What did the judge and jury decide? 5. Did the judge and jury make the appropriate decision based on the applicable laws controlling the case? 6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? 7. Based on the research could either one or both of these cases be considered frivolous? 8. How could the business owners have prevented the lawsuits? What advice can you give them for the future? Furthermore, by apply the eight questions above I will attempt to determine whether the two lawsuits were perfect examples of the issues facing the United States legal system and whether they characterize the ability to people to bring frivolous claims to light or whether they two lawsuits were unfairly made poster children for excessive rewards without full understanding of the facts of the case. What are the facts? Vandevender The facts presented in the Vandevender...
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...Should We Eliminate the Special System of Juvenile Justice? Juveniles are considered children under the age of eighteen (18) or sixteen (16) in some states. During adolescence years, children are still trying figure out what is physically happening to their bodies, cope with peer pressure as well as their own emotions. Preteens and teenagers are dependent upon their parents or guardians for direction in teaching them about not handling something that is dangerous or getting them to understand that our actions have consequences, whether good or bad. For reason of juveniles lacking the mental capacity of an adult, they are still developing physically, and they should not be penalized forever for their actions; therefore, we should not eliminate the Special System of Juvenile Justice....
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...Criminal justice system is forever changing to protect and server society. Relationships between the United States government, state, and local policing looking at programs from the past, need changes for the future. State and local law enforcement responsibilities, and functions in fighting crime by enforcing laws, apprehending offenders, preventing crime, and preserving the peace, has changed since September 11, 2001. State law enforcement is expanding their responsibilities, changed from acts of terrorisms, new laws, and procedures of new types of crimes. Cyber-crime, new technology, terrorism, immigration, drug, and human trafficking contributing for changes in laws nationally and international. Need to identify and assess recent and future trends that affect the criminal justice system (Homeland Security and Law Enforcement” 2009) Western law combines contributions from ancient laws and Common law. The structure of laws came from England, their Bobbies (police officers), statutory, and case law. Sheriffs were the town’s authority, received taxes, and gave out punishment and banishing citizens. Common law highlighted in 1811 when English prison reformer and jurist, Jeremy Bentham wrote to President James Madison offering to codify the law of the United States. The bases of the nation’s laws are from the Constitutions, peruses as a constraint on police power the government can enact, guarding personal liberties. The Bill of Rights and the Fourth, Fifth, Sixth, and Fourteenth...
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...AN ANALYSIS: THE NEW YORK TIMES VS. SULLIVAN Class, Section, Professor’s name, The New York Times vs. Sullivan The civil rights era was a time in American history when issues concerning race relations ranged from segregation to abuse. During this time, The New York Times vs. Sullivan case changed the face of the news and the country’s understanding of the first amendment forever and in turn represents what most people today recognize as freedom of speech (Harrison, Harrison, Gilbert, &Gilbert, 1991-2006). In the spring of 1960, racial tension high and Americans of all races fighting for change. The New York Times published a full-page advertisement describing the abuse and mistreatment at the hands of the people who carry the expectation to protect and serve. The civil right activism that many Americans know from history books and television was just beginning. The rise of students working together with King and other leaders to create the infamous sit-ins and in turn violent reaction of the police that is all too familiar in history books and documentaries. Martin Luther King participated in the first sit in at North Carolina Agricultural and Technical College in Durham and upon returning to Atlanta was informed that he had a warrant in Alabama because of false information on tax records. Two groups, the Struggle for Freedom and the Committee to Defend Martin Luther King paid $4,800 dollars for the advertisement, which asked for donations...
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...States” (study). But before the case reached the Supreme Court the case went on trial September 20, 1968 where Furman pleaded mentally ill and insane, the court rejected his plea and found him guilty of murder. Then, Furman appealed his conviction and sentence, based on the death penalty in Georgia violating the Eighth Amendment of the U.S. Constitution . The Eighth Amendment says the federal government may not use "cruel and unusual punishments” (Henson). The case was later tried in the Supreme Court January 17, 1972. The justices who won majority and reversed the case were William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart, Byron R. White, thus wining the final vote 5-4. The minority justices were Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist. The majority opinion was not written by one person, each justice wrote their own opinion to the court because none could agree on any one reason. Justice William O. Douglas wrote an opinion that best explained the court’s decision,...
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...Missouri v. McNeely Jeremy Garett POL 303: The American Constitution Missouri v. McNeely The Constitution of the United States of America was put into place to help protect the rights of the people. Due Process is a guaranteed right given to the people under the constitution. This prevents the law from discriminating against each individual based upon the individual’s religious beliefs, weight, height, race, sex and etc. The Due Process Clause stated by the Cornell Law School website is defined as, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" (n.d, par. 1). When cases are brought before the Supreme Court, it is the job of the court to determine whether or not an individual’s rights have been infringed upon by law enforcement or by the lower courts. If in fact the Supreme Court finds that an individual’s rights have been infringed upon, they will take the necessary steps to impose retribution to that individual. Retribution is sometimes...
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...It would be difficult to disagree that for one of the smaller representing populations in Australia, Indigenous Australians are at disadvantage in many areas. Areas ranging from employment, housing, justice and education among many more. There have been innumerable efforts at overcoming the disadvantages Aboriginal people have to face. For the purposes of this Essay, literature will be discussed in addressing the social inequality and disadvantage of indigenous people in relation to refining the gap in life expectancy (as a social-economic indicator) and what essential elements need to be considered for the process to work successfully. There are contending ideas in relevant literature as to what is the cause for the life expectancy gap between Indigenous and non-indigenous Australians, which also gives dissimilar arguments as to how to address the issue, with one side taking a view of longevity and the other a holistic method. It is argued that Indigenous Australians health inequalities could be narrowed with the improvement of the differences in health service access, provision and use. As the inabilities gain adequate health care due to, distance, cultural and availability barriers, thus leading to indigenous health problems being constant and prolonged (Healey 2002). However Eades of the of the Indigenous health research unit (2000, p.468) argues ‘that a complete tactic to improving the health of Aboriginal and Torres Strait Islanders involves understanding the close relationships...
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...Sexualize images and obscene content have become an integral part of society whether we like it or not. It is debated whether culture influences obscene behavior or the other way around. Whatever the case may be, the American culture has come a long way to where it is today; while the public does generally not accept obscenity, highly sexualized content is often overlooked as a marketing technique. In the late 1800's, just as America a becoming a more solidified nation, Anthony Comstock, a postal inspector, really pushed for ridged laws against obscenity. He really pushed for Comstockism, the blocking of obscene images and literature even though the American Civil Liberty Unions fought against it (Strub 31). At the time, Congress was for...
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...Wisconsin.”1 State legislators, also have proposals to solve gerrymandering using independent commissions specifically in the state governments. “The most common proposal is using independent or non-partisan commissions for re-redistricting, which is done in several states including Alaska, Arizona, California, Idaho, Montana, and Washington. Nevertheless, many opponents say it is difficult to find “non-partisan” committee members.”5 Colorado proposed, “The League of Women Voters, who plans to run two ballot initiatives that would create an independent commission to draw Colorado’s congressional and state legislative lines in an effort to end the partisan battle over redistricting.”6 Another is advocacy groups like Fair Vote and the Brennan Center for Justice. Some...
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...RUNNINGHEAD: Abbreviated Qualitative Research Plan Abbreviated Qualitative Research Plan Tiana Parisa Mash Walden University RSCH-8100Y-6 Dr. David Horner February 2nd, 2014 Introduction The term “corrections” mean many different things to the average citizen. Some of these connotations have created several myths surrounding what a correctional institution is and what it does. Ideally, mentally ill offenders that are assigned to a correctional facility are supposedly “rehabilitated” through such an assignment. However, as a state or sheriff office representatives- we as a community of professional are not at liberty to mistreat other human beings- morally and ethically. Conversely, prison, jail, and correctional environment are different. This is a subculture within a subculture- with its own rules, regulation, and policies for both employee’s and inmates a like. (Mash, 2013, Para. 2) International Association for Correctional Psychology and Forensic (IACFP) standards discussed in chapter 12 of Bartol and Bartol (2012) holds an institutional psychologist responsible for their actions even though the client population are in secure custody, and in most events in segregation. As the authors elaborate on page (pp. 411-413)… “Both jails and prisons… can be violent, noisy… demeaning places that promote isolation, helplessness and subservience through the use of overwhelming power, often by instilling fear”( Bartol and Bartol, 2012, p...
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...Draft Abstract This thesis first draft will detail an argumentative pattern of development to include the thesis claim, supporting reasons and evidence regarding the idea that women and minorities have the ability to obtain an executive position if they strive to succeed. This paper will demonstrate the use of formal tone and style, while avoiding any personal pronouns of why women should not allow negative influences to deter them from reaching their highest levels of perfection. This paper will display cited and researched information regarding the need for women and minorities to continue to hone in on their strong points, and the need to continue to pursue their strengths while helping to make a change in the way society views them in the work force. Recognizing the very thought that some organizations do not support or guarantee that there would not be some form of bias or bigotry, this paper will display alternatives to insure more effective way to control this very issue. Statistics will provide conformation that no one should allow negative influence to stop them from reaching their goals as an executives. Thesis It is commonly known that in today’s society women are viewed as homemakers, and caregivers. When encouraging women to stay in the workplace it can seem as family unfriendly, says Lynn Utter, (2006) chief strategy officer for Coors Brewing Company. There are numerous reasons why there is low proportion of women leaders. Women’s life aspirations...
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