...In the case of the People v. Smith, Ricky Franklin Smith pled guilty to breaking and entering with the intent to commit larceny and being a habitual offender; this was Smith’s fourth offense. Smith had acknowledged that he had broken a window of a warehouse, entered the premises, and took property without consent. Ricky was sentenced to three and one-half to ten years for breaking and entering. However, Smith felt he was sentenced incorrectly on the grounds that his juvenile record had been included during his sentencing hearing and subsequently, filed an appeal. In Smith’s appeal he citied that he was entitled to be resentenced, because his presentence report referenced his juvenile criminal record which is supposed to automatically be expunged....
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...People v. Smith, 437 Mich 293, 470 NW2d0, 78 (1991) Presented the question to the Supreme Court of Michigan, as to whether the inclusion Rickey Franklin Smith’s expunged juvenile record in the presentencing investigation requires, under MCR 5.913, now MCR 5.925(E), that he be resentenced. The court ruled that resentencing was required. In Smith case, he pleaded guilty to breaking and entering and to being a habitual offender and was convicted. The presentence investigation report outlined Smith's previous record, which included twelve juvenile entries. Smith's lawyer indicated that the report was accurate. The sentencing judge said that the sentence was imposed because Smith's record included seven prior felonies and three misdemeanors, and he viewed the sentence as appropriate to punish Smith, to protect society, and to deter others from committing like offenses. The judge added that the sentence would be served...
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...Summary The article doesn’t exclusively describe the Brown v Board case like I was thinking. Instead, it was more than that. Early in the article, Payne says the case itself wasn’t as helpful as we are lead to believe. He goes on to mention Smith v Allwright was actually a more effective ruling. Many people are taught that Brown v Board broke the color barrier in schools, but not everybody followed the law. Some schools were desegregated, but not integrated. The concept of gradualism comes into play here. Gradualism is the thought of gradually getting to be equal. Payne says at the rate schools were being properly desegregated, it would take over a thousand years to get everybody on board. Payne points out Cell’s idea of the term “segregation.”...
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...Assistance of Counsel for his defense (U.S. Const. amend. VI). In today’s society, the Supreme Court has decided that the Sixth Amendment also means in federal courts, counsel must be provided for indigent defendants unable to obtain their own attorneys. The Supreme Court has made many decisions shaping the Sixth Amendment into what it is today while keeping it close to its original intent I believe. Some of the influential cases are: Johnson v. Zerbst, Betts v. Brady, Gideon v. Wainwright, Argerisnger v. Hamilton, Faretta v. California, and Strickland v. Washington. I decided to highlight these decisions because I believe they are good examples of how the Sixth Amendment has been interpreted and sculpted to fit in today’s world. Indigent felony defendants in federal court are entitled to court-appointed counsel, decided in 1938 in Johnson v. Zerbst (Neubaur & Fradella, 2014). Then in 1942 we had the Betts v. Brady decision, in that case, the justices had ruled that indigent defendants need only be provided with a lawyer under special circumstances (Summary of the Decision, n.d.). Meaning indigent defendants in noncapital...
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...[pic] Business Case Template Date Table of Contents 1. Executive Summary 2 1.1. Issue 2 1.2. Anticipated Outcomes 2 1.3. Recommendation 3 1.4. Justification 3 Result and data 2. Business Case Analysis Team 4 Background 3. ENVIRONMENT SCAN…………………………………………………………………. 3.1. Environment 4 3.2. Commercial 5 3.3. Technological 5 3. 4 Economic 3. 5 Situational Analysis 4. Project Outline and scope Key Project Milestones 8 6 4.1. Improve Order Fulfilment times 6 4.2. Reducing the number of back orders 8 4.3. Reduce Sales team involvement……………………………………………………….. 4.4. Increase Inventory Turns 8 Method and Approach 5. Strategic Alignment 9 Analysis 6. Cost Benefit Analysis 10 Business Case 7. RISK ANALYSIS………………………………………………………………………… All members 8. References………………………………………………………………………………………………… 9. Appendix 11 Executive summary - 2-3 paragraphs fully summarising the entire project. Environmental scan - the commercial, social and technology environment in which the business case is proposed. This is equivalent to a background or literature review. Situational analysis - in which the current position of the company (and it's need for this project) is outlined. Cost/Benefit Analysis - the maths showing the nett effect of the money (spend offset by extra revenue), often comparing 2 or 3 scenarios: "do nothing", "do the second best project", "do this project"...
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...[pic] Business Case Template This Business Case Template is free for you to copy and use on your project and within your organization. We hope that you find this template useful and welcome your comments. Public distribution of this document is only permitted from the Project Management Docs official website at: www.ProjectManagementDocs.com Business Case Company Name Street Address City, State Zip Code Date Table of Contents 1. Executive Summary 2 1.1. Issue 2 1.2. Anticipated Outcomes 2 1.3. Recommendation 3 1.4. Justification 3 2. Business Case Analysis Team 4 3. Problem Definition 4 3.1. Problem Statement 4 3.2. Organizational Impact 5 3.3. Technology Migration 5 4. Project Overview 6 4.1. Project Description 6 4.2. Goals and Objectives 7 4.3. Project Performance 7 4.4. Project Assumptions 8 4.5. Project Constraints 8 4.6. Major Project Milestones 8 5. Strategic Alignment 9 6. Cost Benefit Analysis 10 7. Alternatives Analysis 11 8. Approvals 11 Executive Summary This section should provide general information on the issues surrounding the business problem and the proposed project or initiative created to address it. Usually, this section is completed last after all other sections of the business case have been written. This is because the executive summary is exactly that, a summary of the detail that is provided in subsequent sections of the document...
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...LAWS1021 – CRIME – Week 3 Class 1 1. introduction 2. Ubiquity of discretion 3. Regulating discretion 4. Prosecutorial discretion 5. The Chaser case 6. Two tiers of justice 7. Magistrates and Local Courts 8. Supreme and District Courts 9. High Court appeals 10. Crown appeals ------------------------------------------------- From Last Class * Jurisdiction * Notion of how it is risen and how it is imposed * In 1788, assumed, put upon Australia from the act of colinisation * Sovereignty * From british states, then Australia as a commonwealth * Citizenship * General entitlement to rights protection etc. * Sovereign domain * Different for indigenous people, given no acknowledge of land ownership and traditional rights and customs as well as traditional rules * Agency * Autonomy as a group/individual * The capacity whether individually or collectively to exercise authority to determine * Previously denied * Criminalisation of traditional * Welfare * protection ------------------------------------------------- OOXX case * grew up during a time during hard economic circumstances with weak communal support due to governmental policies. * Lost a sense of identity when doing institution until he's about 19. He was separated from his family by the Australian welfare system. forced removal * Post-war...
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...Fourth Amendment Summary Jesus Lozano-McNeely Alonso Butts, Blair Smith CJA/364 Criminal Procedures University of Phoenix Mr. Dennis Dougan September 15, 2014 Fourth Amendment Summary Team C will define and explain the common law background of the Fourth Amendment. This paper will break down the basic terminology of the Fourth Amendment in which protects persons, house, paper and effects. From unreasonable search and seizures. Search warrant on a Person A search warrant gives the law enforcement officers permission to search for certain evidence in a specific place. Without a search warrant, police officers may not search a place without its owner’s consent or if the evidence is in plain view. It is supported by the Fourth Amendment “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Law. Cornell 2012)”. A search warrant is granted by courts where a judge needs to sign of it if he or she thinks the warrant is necessary. The officers must have probable cause when trying to obtain a warrant. When officers put in for a warrant, judges may issue the search warrant. To obtain a warrant, an officer must show that the search is justified and should have sworn statements that support their...
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...The “Hosanna-Tabor” Case in the US Supreme Court Introduction “Evangelical Lutheran Church and School Hosanna-Tabor v. Commission for Equal Employment Opportunities-CIOE” is a famous case decided in January 2012 by the United States Supreme Court. It addressed the right to religious freedom and the establishment clause, the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether...
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...decomposing snail that was found in a ginger-beer bottle – Donoghue v Stevenson (1932). The claimant, Mary Donoghue, went with a friend to a café, where her friend bought her a bottle of ginger beer. Donoghue opened it and poured some of the contents into a glass. When she finished this glass, she then poured the remainder of the bottle into the glass. At this point, the remains of the snail floated to the surface. This caused Donoghue to develop gastroenteritis and nervous shock, and she sought compensation from the ginger-beer manufacturer. The case eventually reached the House of Lords, where Lord Atkin decided the case in her favour with his famous Neighbour Principle. In summary, this stated that ‘you must take reasonable care to avoid acts or omissions which foreseeably could injure your neighbour’, where neighbours are defined as ‘persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions’. In this case, the ginger-beer manufacturer should reasonably have had the claimant in mind when manufacturing and bottling the ginger beer. This test clearly established that in order for a duty of care to be owed, there must be reasonable foresight of harm to persons who it is reasonable to foresee may be harmed by one’s actions or omissions. Such ‘duty’ examples would obviously include cases involving doctor and patient, solicitor and client, car driver and...
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...I. SUMMARY AND SYNTHESIS On March 24, 1989, residents near the waters of Prince William Sound awoke to the catastrophe brought by the tanker Exxon Valdez spilling more than 10 million gallons of crude oil. This incident caught the attention of the public and received many and different criticisms. Eight of eleven cargo tanks were ruptured during the incident. ARLIS or Alaska Resources Library and Information Services with the help of Exxon Valdez Oil Spill Trustee Council released a collection of materials on Exxon Valdez Oil Spill. It included the following information: * The crude oil spread approximately 1, 300 miles. 200 miles were heavily oiled. The impact was obvious while the remaining 1, 100 miles were lightly or very lightly oiled. * Aerial observations were used to determine the size of the oil spill to give immediate response and clean-up activities. It includes the estimation of the thickness and volume of oil on the water. * Exxon spent more than $2.5 billion on clean-up expenses. * Caption Joseph Hazelwood was the captain of the ship, a senior officer. He was convicted of a misdemeanour charge of negligent discharge of oil, fined $50, 00 and sentenced to 1, 000 hours of community service. * Exxon was fined $150 million, it was the largest fine imposed for an environmental crime. The court forgave $125 million in acknowledging Exxon’s cooperation in cleaning up the spill. During the clean-up, Exxon hired thousands of workers through several...
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...appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision reversed. It is imperative that the...
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...Outline Thesis: Helping people that are less fortunate perpetuates the cycle of misfortune and has nothing to help them. I. Introduction a) Author’s name b) Book title and source II. Summary a) Matching the earth with “lifeboat” b) Differences among people c) Rich help to poor ones III. Review a) Expertise and evidence of the author b) Preciseness with author’s correct interpretation of his conclusion IV. Evaluation a) Logical argument b) Right interpretation of the text and dated/outdated V. Conclusion a) Agreement b) Support of the statement Garrett Hardin (b. 1915) is interested in natural science who publishes this to the people who does not know that much information. He graduated at the University of Chicago and at Stanford University where he received Ph.D. which help him in his passion of being a connector between society and an environment. The books he has written so far are for example, Lifeboat Ethics: The Case Against Helping the Poor (1974). Helping people that are less fortunate perpetuates the cycle of misfortune and has nothing to help them. In terms of studying an environment earth is called a “spaceship” to better develop the idea of world ethics where people live in societies with different rules and powers. Those who are seen as rich ones live on lifeboats and poor ones are in water swimming around them. People from not developed countries keep trying to board on the “lifeboat” in order to survive but “we must recognize the limited...
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...Marketing Strategy Title Summary………………………………………………………2 Introduction……………………………………………………2 Situational analysis (SWOT) (PESTLE)…………………….2 Differential advantage/ Competitive edge (USP)……………9 Segmentation Targeting & Positioning (STP)………………10 Marketing objectives and goals (SMART)………………….11 Marketing strategies and programmes (7P’s)………………12 Conclusion…………………………………………………….14 Reference………………………………………………………15 Summary: Marketing is the process of planning and executing the conception, pricing, promotion, and distribution of ideas, goods, and services to create exchanges that satisfy individual and organizational objectives. China is a big market; the mobile phone industry in China develops very fast. By 2008, the Chinese mobile phone users has reached nearly 400 million, China became the world's largest mobile phone market. OPPO mobile phones as a part of Chinese domestic mobile phone brand grow up together with the cause of China's communication. Introduction: Guang Dong OPPO Mobile Telecommunications corp. OPPO Company is from Dongguan, the pearl mobile communication co., LTD changed its name, 2 at the end of 2009 the company completed name change procedures. Dongguan, the pearl mobile communication co., LTD., formerly known as Dongguan Shengming electronic co., LTD., founded in April 2003, in 2007 changed its name to April Dongguan, the pearl mobile communication co., LTD. OPPO in 2008 launched a music cell phone products, because...
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...Race/ Color Based Employment Discrimination Racially based discrimination carries a painful history in America and the aftermath is still very present even though government prohibits discrimination through constitutions, state statutes and acts, which are exemplified in cases largely through the Equal Employment Opportunity Commission. The EEOC is dedicated to enforcing federal laws that make it illegal to practice inequality against applicants or employees. Maslow’s hierarchy of needs outlines the basic needs of an employee and can show how someone could be affected by inequality. Such intolerance can be seen across the country with recently occurring events such as the EEOC v. Yellow Transportation case, the EEOC v. DHL Express case and the current top position hiring conflict in the NFL. To fully understand the issue of discrimination in the U.S. today, we must understand the long-standing history our nation has with intolerance. As unfortunate as it seems, our country was built with this notion of inequality. Slaves were brought over from Africa to work fields for wealthy or soon-to-be wealthy Americans. At the time it seemed like a way of life, though the reality is that it was extremely oppressive and today such an inferior take on differences in cultural background is considered unethical. In 1865 the 13th Amendment was passed abolishing slavery, although the Civil Rights Movement did not occur until the 1950’s lasting through the 1960’s. The Civil Rights Movement officially...
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