Wednesday, November 27, 2019

Trials and Verdicts

The important result of the legal decision-making process is the verdict which can end the trial process and state the form of punishment for the convicted person.Advertising We will write a custom research paper sample on Trials and Verdicts specifically for you for only $16.05 $11/page Learn More However, to understand the details related to interpreting the cases and law and to stating the verdict, it is necessary to analyze the processes related to different courts according to their jurisdiction, and to focus on the real-life examples in order to discuss the problems of accepting a plea bargain and of being wrongly accused. The question of the court’s jurisdiction is discussed when it is necessary to select which court can decide on the certain case appropriately. Following the Felkner v. Jackson case, it is possible to state that different courts are effective to discuss concrete issues and decide on the aspects of the case, but the process of the case resolution can be rather long and complicated. In 2011, Steven Frank Jackson was convicted of many sexual offenses. However, Jackson referred to the Batson v. Kentucky case, and focused on the issue of racism in relation to the California jury who discussed the case. Jackson’s petition was accepted and examined by the California Court of Appeal, and then the California Supreme Court decided according to the court’s jurisdiction to reject the necessity of the case’s review (Felkner v. Jackson, 2011). Nevertheless, the case was not unresolved even in relation to the Federal District Court. In this situation, the Supreme Court took the jurisdiction to provide the decision, and the previous courts’ decisions were defined as unreasonable. Finally, it is stated by the Supreme Court of the United States that the petition â€Å"for certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Court of Appeals for t he Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion† (Felkner v. Jackson, 2011). As a result, it is possible to note that the decision to discuss the case in the Supreme Court of the United States is appropriate because of the necessity to resolve all the controversial points of the case which cannot be resolved in the other courts.Advertising Looking for research paper on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The cases when the defendant accepts a plea bargain as an alternative to trial are also very controversial and complicated because this decision can be associated with a kind of pressure from attorneys and prosecutors. Furthermore, the defendant can change his or her decision during the process. Thus, to discuss the question in detail, it is necessary to focus on the Freeman v. United States case (2011). William Freeman was convicted of different crimes associated with drug trafficking and drug delivery. However, Freeman decided to develop the plea agreement under Fed. R. Crim. P. 11(c)(1)(C). The agreement meant that Freeman could plead guilty depending on receiving a specific sentence. The case was rather complicated, and it was decided in 2011 that referring to 18 U.S.C.  § 3582(c)(2), the sentence could be reduced â€Å"for the offense to which the defendant pled guilty† (Freeman v. United States, 2011). In spite of the fact that the plea agreement does not mean the alternative to the trial, the case is important to be discussed to decide whether or not justice was served. Referring to this concrete case, it is possible to state that the justice was served because the severity of crimes should be taken into account every time when the possibility of the plea agreement is discussed. The most problematic cases are those ones in which defendants are wrongly accused and later vindicated. One of the most famous case s is the case associated with the famous sportsman Brian Banks who was convicted of raping Wanetta Gibson. Brian Banks accepted a plea bargain because of the threat to be imprisoned for more than 40 years. However, in 2011, it became possible to state that Banks was not guilty, and he was vindicated. The most important aspect to be discussed in relation to the case is the fact that Wanetta Gibson lied during the first trial process in order to receive the significant financial compensation (Powers, 2012). The decision of the court could be different, but the lawyers failed to prove or not Gibson’s words. That is why, these details affected the whole trail process, and Brian Banks had to accept the plea agreement in order to avoid being imprisoned for a long period of time.Advertising We will write a custom research paper sample on Trials and Verdicts specifically for you for only $16.05 $11/page Learn More In spite of the fact, the United Statesà ¢â‚¬â„¢ legislative system should contribute to the people’s welfare and protection, there are many controversial verdicts and trials which can influence the statement of the principles of justice in the country. From this point, it is necessary to pay much attention to the controversial aspects and issues discussed during the trial processes in order to resolve cases in the appropriate courts with the focus on their jurisdiction and to avoid the ineffective decisions which can lead to the unalterable consequences. As a result, all the details of the case should be taken into consideration to decide on the person’s guilt and possible verdict. References Felkner v. Jackson. (2011). Retrieved from https://www.supremecourt.gov/opinions/10pdf/10-797.pdf Freeman v. United States. (2011). Retrieved from https://www.supremecourt.gov/opinions/10pdf/09-10245.pdf Powers, A. (2012). A 10-year nightmare over rape conviction is over. Retrieved from https://www.latimes.com/local/la- xpm-2012-may-25-la-me-rape-dismiss-20120525-story.html This research paper on Trials and Verdicts was written and submitted by user Alfonso Fletcher to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Saturday, November 23, 2019

Free Essays on Computer Security & The Law

Computer Security & the Law I. PREFACE Imagine that you are a computer manager for a big manufacturing company. In the middle of a production run, all the mainframes on a vital network grind to a stop. Production is delayed costing your company millions of dollars. During the investigating, you find that a virus was released into the network through an account. When you confront the owner of the account, he claims he neither wrote nor released the virus, but he admits that he has given his password to his friend who needs access to his data files. Is he liable for the loss suffered by your company? I believe the answers may very depending in which state the crime was committed and the judge who control the trial. Computer security is new, and the legal organization has yet to reach the agreement on these key issues. The future in computer security law has been delay by the reluctance on the part of lawyers and judges to struggle with the technical side of computer security issues (1). Involving technical computer security professional in the development of computer security law and public policy could mitigate this problem. This paper is meant to help bridge to gap between technical and legal computer security communities. II. TECHNOLOGICAL PERSPECTIVE A. Objectives of Computer Security The main objective of computer security is to protect and guarantee the confidentiality, and integrity of automated information systems and the data they hold. Each of these terms has a particular meaning, which is grounded in basic technical ideas about the flow of information in automated information systems. B. Basic Concepts There is a top-level agreement regarding the meaning of most technical computer security concepts. This is partly because of government involvement in coordinating the definitions of basic terms (2). The meanings of the terms used in government regulations are generally made to be consta... Free Essays on Computer Security & The Law Free Essays on Computer Security & The Law Computer Security & the Law I. PREFACE Imagine that you are a computer manager for a big manufacturing company. In the middle of a production run, all the mainframes on a vital network grind to a stop. Production is delayed costing your company millions of dollars. During the investigating, you find that a virus was released into the network through an account. When you confront the owner of the account, he claims he neither wrote nor released the virus, but he admits that he has given his password to his friend who needs access to his data files. Is he liable for the loss suffered by your company? I believe the answers may very depending in which state the crime was committed and the judge who control the trial. Computer security is new, and the legal organization has yet to reach the agreement on these key issues. The future in computer security law has been delay by the reluctance on the part of lawyers and judges to struggle with the technical side of computer security issues (1). Involving technical computer security professional in the development of computer security law and public policy could mitigate this problem. This paper is meant to help bridge to gap between technical and legal computer security communities. II. TECHNOLOGICAL PERSPECTIVE A. Objectives of Computer Security The main objective of computer security is to protect and guarantee the confidentiality, and integrity of automated information systems and the data they hold. Each of these terms has a particular meaning, which is grounded in basic technical ideas about the flow of information in automated information systems. B. Basic Concepts There is a top-level agreement regarding the meaning of most technical computer security concepts. This is partly because of government involvement in coordinating the definitions of basic terms (2). The meanings of the terms used in government regulations are generally made to be consta...

Thursday, November 21, 2019

International Management program(dissertation proposal ) Essay

International Management program(dissertation proposal ) - Essay Example Market is in perfect equilibrium; it is tax-free and asset and capital markets are perfect. This framework of consumer behaviour requires some changes in the neo-classical consumer theory to include some characteristics of property market like consumer tastes, viewpoints, choices that create the scenario for an imperfect, not-competitive theory of property market. In the context of what we have read about the neo-classical theory of demand, it would be interesting to test the theory on emerging countries like China, Malaysia, and Singapore. Two major cities of China – Beijing and Shanghai are recuperating from the after-effects of recession worldwide. It would be interesting to confirm the validity of the neo-classical theory of consumer demand and supply of land, which is limited and the role of the government in stabilising the property market. What would be the housing demand model, the determinants of housing demand and practical scenario due to the limited land availability, as the cities are expanding seamlessly Behaviour of Beijing and Shanghai property market; how has the Beijing Olympics 2008 have impacted the property market? What is the reaction of China government policy shift in allowing foreigners to buy house of their choice. The Shanghai property market, according to Colliers International (2008), is passing through a phase of cooling down. Investors have changed their preferences by focusing on the leasing market. Over supply has increased the vacancy rate. In this context, it is interesting to study the house price Basic DiPasquale-Wheaton model, its different stages by using simplified or reduced form function from the demand and supply equation. Leung & Wang (2007) have projected the China housing market in the DiPasquale Wheaton model, showing analysis of different stages of housing market consequently. Short term and long term policy effects and recommendations will be discussed. The role played by the government