...Thank you for giving me the chance to watch a trial in which I could see the Bill of Rights being used in the real world. Just one month ago, I didn’t even know what the Bill of Rights was. Now I know what each of the ten amendments guarantees, and how it applies to the real world. During the The United States v. Rosalind Herman trial I was able to see many amendments being used. An example was when Judge William G. Young told the jury that everything they learn about the case must be from the courtroom, and that they must remain “impartial”. This is found in the sixth amendment that states that the accused has a right to a lawyer and impartial jury. Another part of the sixth amendment I saw in play was that the accused has the right to a speedy and public trial in the district where the crime was committed. How this part of the sixth amendment was used was a little confusing because the crime was committed in Las Vegas, Nevada. However, the victims of the crime lived in Massachusetts so that is where the trial was held. I also witnessed the part of the fifth amendment being used that stated the alleged must be given "due process" before being deprived of life, liberty or property. I saw this part of the fifth...
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...he trial began with a packed courtroom.So packed that some people had to leave the courtroom for standing instead of sitting. The trial started with Schlichtmann opening statement which talked about the Woburn families that lost family members, and how W.R. Grace and Beatrice dumped chemicals into the ground , which got into the town’s well system and killed the children, and how they knew it would hurt people but they did it anyway. Schilichtmann’s opening statement left the defense lawyers worried. One of Cheeseman’s partners, Michael Keating made the opening statement for W.R. Grace. Keating said that there was a small amount of TCE put into the ground, which had done little harm. The representatives of both companies argued that Schlichtmann...
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...The difference between trial courts and appellate courts are complex, but are two important entities necessary within the justice system. Trial courts grant the initial pass for a civil or criminal proceeding to have a voice in court. Appellate courts have authority to reassess findings decided on at trial court level. There are four essential parts amidst trial and appellate courts: purpose, evidence, juries, and judges (Ehow.com, 2012). Purpose Trial court focuses on finding the facts in determining the best decision for the case brought forth. The focus for appellate court is quite different since the facts in the proceeding came from trial court level. Appellate court consists of two considerably uncommon aspects. One aspect determines if either group was granted an unbiased hearing. The other aspect establishes if law was properly used in the case and to determine if for any reason to alter the law (Ehow.com, 2012). Evidence In trial court, the two groups show proof in convincing juries or judges that each statement given is convincing enough to take into consideration as the truth. Forms of evidence offered may come as an eye witness as well as an illustration. Additionally, since the establishment of the facts was decided in trial court, no other evidence may enter in the appellate court level. As an alternative, disputing lawyers in appellate court formulate a strategy on the basis of laws and procedure matters (Ehow.com, 2012). Juries ...
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...Trial and Appellate Courts State and appellate courts work with each other but have very different roles in the justice system. State courts listen to facts about a case and try to keep the victims and the accused rights from being violated. Appellate courts make sure that the rights of the accused have not been violated. In the state courts system an accused has a right to a jury of peers. It is up to the state to prove burden of guilt while the accused does not have to prove they are innocent. They are already considered innocent until they are proven guilty. In the appellate court the one that starts the appeal is the one that must prove that wrong was done to them, so if the accused files an appeal they must prove that there was an injustice to their rights during the trial to get justice from the appeal courts. In state trials a prosecutor argues the facts as they see it to a judge and possibly a jury (depending on if it’s a trial jury or a bench trial). The defense also gets this right. Both parties get to introduce witnesses and evidence for or against the accused. In the appellate court there can be an oral argument, but most appellate courts only see paper arguments that have been filed by the one who feels that their rights were not considered. If an accused rights are violated, such as lack of legal representation. If there are errors during the trial, such as the defense not doing proper representation is a reason for an appeal...
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...------------------------------------------------- Clinical trial From Wikipedia, the free encyclopedia | This article may be too long to read and navigate comfortably. Please consider splitting content into sub-articles and using this article for a summary of the key points of the subject.(October 2010) | Clinical trials are a set of procedures in medical research and drug development that are conducted to allow safety (or more specifically, information about adverse drug reactions and adverse effects of other treatments) and efficacy data to be collected for health interventions (e.g., drugs, diagnostics, devices, therapy protocols). These trials can take place only after satisfactory information has been gathered on the quality of the non-clinical safety, and Health Authority/Ethics Committee approval is granted in the country where the trial is taking place. Depending on the type of product and the stage of its development, investigators enroll healthy volunteers and/or patients into small pilot studies initially, followed by larger scale studies in patients that often compare the new product with the currently prescribed treatment. As positive safety and efficacy data are gathered, the number of patients is typically increased. Clinical trials can vary in size from a single center in one country to multicenter trials in multiple countries. Due to the sizable cost a full series of clinical trials may incur, the burden of paying for all the necessary people and services...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...The Scopes Trial By:Wang Congcong The Scopes Trial (Monkey Trial) and its aftermath caused our nation to closely examine the ties between religion and science. The Scopes Trial was the case of a high school biology teacher John Scopes against the state law against teaching Evolution in classroom. The case drew a lot of public attention. Even though the Scopes trial failed, succeeded in getting people to ask themselves, " what should I believe". In 1859, Charles Darwin released his work" Origin of the Species" old man of human are monkeys. Major people are fundamentalist, support the Bible, they believe God created human the story of Garden of Eden. Darwin''s theory subverted the story from Bible.So his speech had problems with church of England, Evolution is a new thing for the whole society, most people thought it 's a joke, and few people really considered became whose try to defend Darwin's theory and spread the ideas of Evolution. In the late days, Darwin's speak of evolutionary adaptation through natural selection became central to modern evolutionary theory, now concept of the life sciences. In 1925, Tennessee passed a law, the Butler Act, that make illegal to teach Darwin's theory of evolution in public school. The American Civil Liberties Union (ACLU) thought the law violated people's rights. " The 1st Amendment to the constitution protects that separation when it says. Congress shall make no...
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...|Sea Trial Report | |VESSEL NAME: RAWABI 11 | |Hull No. : H 1074 | | | | | | |Builder: |PT ASL SHIPYARD INDONESIA | | | | | | | | |Owner: |SWIBER ENGINEERING LIMITED | | | | | | | | |Class: |AMERICAN BUREAU OF SHIPPING | | | Contents Contents 2 Basic Preamble 4 1. General Conditions 4 2. Vessel Particulars 4 3. Sea Trial Conditions...
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...PHASES OF CLINICAL TRIALS Introduction Clinical Trial Definition: “Clinical trial” means a systematic study of new drug(s) in human subject(s) to generate data for discovering and / or verifying the clinical, pharmacological (including pharmacodynamic and pharmacokinetic) and /or adverse effects with the objective of determining safety and / or efficacy of the new drug. “ Drug Development Process: The process of drug development can be broadly classified as pre-clinical and clinical Pre- clinical refers to experimentation that occurs before it is given to human subjects; whereas, clinical refers to experimentation with humans. Within the realm of clinical research, clinical trials are classified into four phases. [pic] Classification of Various phases of clinical trials: There are five different phases of clinical trials, which include: ➢ Phase 0 Trials (Micro dosing trials) ➢ Phase I Trials (Human Pharmacology/ First time in Man Studies) ➢ Phase II Trials (Pilot Trials/ Therapeutic Exploratory trials) ➢ Phase III Trials ( Expanded clinical trials/Therapeutic Confirmatory trials) ➢ Phase IV Trials ( Post Marketing trials) 1. Phase 0 Trails/Micro dosing Trials: Micro dosing, or human phase 0 clinical trials, is a technique whereby sub pharmacological doses of prospective drug candidates are administered to human volunteers. A micro dose study provides early pharmacokinetic data in humans and only requires minimal preclinical...
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...Evan Boiko HIS 112-005 10-16-11 The Scopes Trial The Scopes Trial was one of the most famous trials in the history of the United States due to the intense passion and concern that people had for it. The defense was defending personal freedom and democracy while the prosecution imposed on these values. In the end, even though John Scopes and his defense team lost the trial, they won in the long run by influencing decisions made in the future regarding free speech in the classroom and what teachers were required to teach. Many people had intense feelings for the Scopes Trial. These feelings and concern people had for the trial made it one of the most famous trials in America. Some people simplified the trial to Darwin vs. the Bible. This issue made the Scopes trial a large concern to many because Darwin undermined the literal reading of the bible. Darwin's theory of evolution more specifically struck at two major parts of the Bible, the seven days of creation story, and the story of Adam and Eve and how they were the first humans on earth. Many people also considered Darwin's theory to be a "moral outrage" because of how the process of natural selection worked. For natural selection to occur, the unfit of the species were killed off in extremely large numbers. With this information, Darwin was suggesting that "nature revealed a God who was cruel and wasteful or absent altogether." This particular notion created strong opposition to Darwin's theory because of the possibility...
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...In this first I & A assignment I will look into a New Mexico teenager’s crime and his ability to receive a fair and impartial trial. An Albuquerque, New Mexico teen is accused of the shooting deaths of his father, mother, brother, and 2 sisters’. The facts lead many to believe that these killings were cold blooded and preplanned. The question is if this teenager will be able to receive a fair trial by jury from the public in such a high profile case. The case of the Albuquerque, NM teenager that is accused of killing his father, mother and 3 younger siblings is a complex case which will draw a large amount of emotion when the case goes to trial. The teenager is likely to not get a fair trial in the Albuquerque metro area as well as the State of New Mexico. A few factors come into play when you look at the allegations facing this young man. From the KRQE news article the Father seemed to be some what of an important member of the community. I drew this conclusion due to the fact that he was killed after returning home from work at the rescue mission. Rescue Missions mainly rely on community involvement and support to operate. This means lots of connections within the community. That fact also is that a Rescue Mission’s one goal is to help others. The father didn’t work as a bill collector or telemarketer, which will draw sympathy from the general public. In fact in another news article the father is noted as being a well-known Chaplain in the community. Another damaging fact...
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...Assignment 2: Trials and Verdicts Student: Melissa Harmon Professor: Phylanice Nashe Introduction to Criminal Justice February 18, 2014 TRIALS AND VERDICTS PAGE 1 Our criminal justice system is an intricate one. When crime is committed, law enforcement detains the offender and in most cases holds them until they are seen by a judge. The period between arrest and arraignment is also known as the pretrial procedures; this is a very important aspect of the justice process. At this time, the biggest majority of cases are either resolved and never make it to court. However, some crimes are so serious that they must go the next steps and this could be plea bargaining or trial by jury, both resulting in a sentence ordered by the judge. Here we will take a look at a particular case involving five men who viciously beat another man resulting in his death. What started as a barroom brawl, ended outside of the victim's mother's home in La Jolla, California May of 2007 [L.A. Times 2008]. Emery Kauanui was a 24 year old professional surfer that tragically lost his life three days after being treated for bleeding of the brain, facial fractures, and multiple contusions caused by five individuals. Eric House, 21; Orlando Osuna, 23; Matthew Yanke, 21; Henri Hendricks, 22; and Seth Cravens, 22 who dealt the fatal blow; these are the offenders that each in turn punched and kicked Kauanui until the last punch knocked him to the pavement where he hit his head knocking him out. This...
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...The Nuremberg Trials War crimes, in practice, are offenses charged against the losers of the war by victor. During WW II there were three types of war crimes were committed by Germany. The first: crimes against peace, which included preparing for and starting a war of aggression in violation of treaties. The second: murder, ill treatment, the killing of hostages; plunder of public or private property; the destruction of cities and towns. The third: crimes against humanity, which include persecution on racial, political, or religious grounds either before or during a war. All of these violations were raised on Germany's actions. Trials of the Nazi leaders begun on October 18, 1945, and lasted for 10 months. Trials of Japanese leaders began on May 3, 1946 in Tokyo and ended on November 12, 1948. There were more than 2,000 lesser trials accusing Nazi leaders of wrong doing. Even more took place in the Soviet Union. Most of the war criminals were convicted, and many were also executed. The Nuremberg Trials, one of the more substantial trials, accused 22 German Nazi leaders of war crimes. Altogether 12 were sentenced to death, including Keitel, Ribbentrop, Rosenberg, Bromann (who was tried in absentia), and Goering (who committed suicide). Only three, including Hess were given life sentences. Just four, including Doenitz and Speer were sentenced to up to 20 years of prison. Amazingly, three including Papen and Schacht were acquitted. These trials brought some anger...
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...Scopes Trial Name Institutional Affiliation Scopes Trial America was just recovering from the after effects of the world war. It was a common trend for people specifically from the rural areas to be nostalgic. Their desire was to maintain simplicity and engage in the normal activities they used to before the war. The religious turned to their religious practices and beliefs. The south and mid westerners are specifically remembered for their strong beliefs. Faith was associated with providing consolation and peace. Consequently, the rise of fundamentalist religion took shape. The fundamentalists relied on the literal aspects of the biblical teachings. The theory of evolution was therefore seen as ridicule to their faith. They considered it a threat especially because they believed they were the only one teaching the truth. The believers looked into ways through which they could terminate the theory of evolution from the society thus; they began with the education sector. Laws were passed in the South outlawing teaching of Darwinian theories in class by 1925. The towns of Tennessee, and Florida regarded the law significantly. In the summer of the same year, a school tutor by the name John Scopes of Dayton violated it. Consequently, Scopes was put under trial. The prosecution intentionally staged the case to attract the attention of the public throughout Tennessee. Although Scopes doubted to having taught the Darwinian theory, he incriminated himself, therefore serving as...
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