Friday, January 31, 2020
Jury Nullification Paper Essay Example for Free
Jury Nullification Paper Essay Jury nullification is a constitutional doctrine that allows juries to acquit defendants who are technically criminals guilty, but who do not deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judges instructions as to the law. A jury verdict contrary to the letter of the law does not belong only to the particular case before it. If a pattern of acquittals, however, develops in response to repeated attempts to prosecute a statutory offense, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment. In the past, it was feared that may unduly influence a judge alone or a panel of public officials to follow established legal practice, even if such practice had drifted from its origins. In most modern Western legal systems, however, often instruct juries only serve as finders of facts, whose role is to determine the veracity of the evidence, and the weight accorded to evidence, to implement these tests the law and reach a verdict, but not decide what the law is . Jury Nullification ââ¬Å"It is not only the jurorââ¬â¢s right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.â⬠This is what John Adams said of jury nullification. John Jay, who was the first justice of the Supreme Court said, ââ¬Å"The jury has the right to judge both the law as well as the fact in controversy.â⬠So what is jury nullification and how does it influence courtroom proceedings and judicial practices? The definition of jury nullification according to thefreedictionary.com website jury nullification is defined as a sanctioned doctrine wherein members of aà jury disregard either the evidence presented or the instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both law and fact. The doctrine of jury nullification is based one important things, one that a juror can never be punished for the verdict they bring back to the judge, and second that a defendant cannot ever be retried once the jury has returned to the courtroom with a not guilty verdict. The first case of jury nullification in British law dates back to 1670 in trial of William Mead and William Penn, (William Penn would later go on to be the founder of the Province of Pennsylvania) these two men were charged in England for unlawful assembly, which was a law that was aimed at preventing different religious groups that were not noticed by the crown from worshipping. Both of these men were clearly guilty of breaking the law according to British law and the judge presiding over the case demanded that the jury find William Mean and William Penn guilty, but the jury refused to find these two men guilty because they felt that the law itself Jury Nullification was unjust. The judge continued to insist that the jury find these two men guilty, and the jury repeatedly refused, the judge became so infuriated with the jurors that he threw the jurors in prison. The highest court in England ordered that the jurors be released and established into common law the integrity of jurors in criminal cases. In America the Founding Fathers recognized the relevance of letting jurors determine not only the guilt or innocence of the person on trial, but the fairness of the law in which the person is charged with breaking. In more recent cases, in California a jury convicted Ed Rosenthal in two-thousand three of growing marijuana which was a violation of federal law. During the case the jury did not know and was never allowed to hear that not only was Ed Rosenthal growing medical marijuana for medical patients, but he was growing and harvesting the marijuana for the city of Oakland, California. When the trial ended and the jury found out the true facts of the case they were outraged and the foreman of the jury was quoted in the New York Times as saying ââ¬Å"it is the most horrible mistake I have ever made in my entire life.â⬠Should Ed Rosenthal b een convicted of growing marijuana? I feel that he should not have been convicted and the jury had a right to know the truth about who Ed Rosenthal was growing the marijuana for and for who it was being provided to. Another case would be that of Richardà Pen of Florida, who is serving a twenty-five year prison sentence in Florida for distribution of a controlled substance. Richard Pen was a forty-six year old paraplegic man who became a paraplegic after being involved in a very serious car accident that badly damaged his back, and after having back surgery that did not go as planned, Richard Pen was left in indescribable amounts of pain. Richard Pen realized that Jury Nullification. He could relieve his pain by taking large amounts of opiate painkillers, but the amount of medication his doctor had prescribed him was not enough, and they could not prescribe him anymore because it would exceed the amount of what his doctor could legally prescribe. Richard Paey felt that he had no choice but to obtain the medication illegally and he began photocopying the prescription and used them to get his medication from local pharmacies. Richard Paey was arrested and was charged with distribution of a controlled substance, but he never sold the medication, and never gave the medication away, he only used the medication for himself so that he could live somewhat of a normal existence and be free from the excruciating pain that he was in. But once again because of the way the laws are written the jury had no choice but to return to the court with a guilty verdict. In these two cases, I do feel that they did break the law, but should they have been found guilty of the charges against them? I do not feel that they should, and if the jurors were allowed to hear the truth about these cases these two men, Ed Rosenthal, and Richard Paey would not be serving time in prison, and since the Supreme Court ruled that prosecutors on the federal level can continue to arrest and charge people who use medical marijuana, you should expect to see more and more cases like this crowding up our courtrooms. You will probably see more and more cases such as Richard Paey, and other patients like him who are just trying to manage their pain and try to live somewhat of a normal life crowding up our courtrooms as well. So what can us as citizens do to undo the injustice of the Richard Paeyââ¬â¢s and the Ed Rosenthalââ¬â¢s? Well unless you are serving on a jury panel, nothing, but if you happen to get a jury Jury Nullification Summons in the mail, do not ignore it as I have done many, many times before although I did have valid reasons for not being able to serve as a juror, I had a disabled parent and I was his sole caregiver, instead send back the summons stating that you are available to serve as a juror, and who knows you might be able to undo someà of the injustices of the judicial system, and keep an innocent person from serving a lengthy prison sentence. References http://legal-dictionary.thefreedictionary.com/jury+nullification http://www.foxnews.com/story/0,2933,163877,00.html http://www.lewrockwell.com/orig10/emal1.1.1.html
Thursday, January 23, 2020
Mathematics of Microscope Resolving Power :: Math
Missing Figures Imagine this, you are walking through the forest when all of a sudden you come across the most fascinating insect (perhaps insects may not seem too fascinating at first but once you learn a little about them they are the most fascinating creatures). Well, back to the story, so you find this insect and you realize that it seems very different from those you've previously encountered. Well, being the curious scientist that you are, you take out your trusty magnifying glass and take a look. You move the lens back and forth until you find the perfect image. You see the insect's wonderful colours and patterns which you would not be able to see with your naked eye. What just happened? You simply placed a piece of glass between you and the insect and all of a sudden you get this wonderful view of nature which would otherwise be missed. Well, if you are at all curious as to know how magnifying glasses and microscopes work, then read on and find out. An Introduction to Microscopes The two types of microscopes that will be focused on in this webpage are the simple microscope and the compound microscope. The simple microscope, also known as the magnifying glass, is composed of a single converging lens. The compound microscope is composed of at least two lenses and is generally referred to as a microscope. There are two main purposes of a microscope: 1) to increase the magnification of an object 2) to have a high resolving power Both of these will be examined; however, a greater emphasis will be placed on the resolving power. Magnifying Power (brief overview) Magnifying power: is also called angular magnification. Figure 1a shows an object y in front of a lens. Rays of light reflect off the object through the lens and a now larger image, y', of y can be seen. Once, the image is brought further from the lens, as in figure 1b, the image, y', is even larger. (So as to no discrepency: in figures 1a and 1b, the observer is on the right of the lens looking towards the image y') The magnifying power, M, is given by the following: M = 1 + d/f, where f is the focal distance and d is the distance between the object and the lens Proof of M = 1 + d/f: Figure 1c is the view of the object Y from point C without a magnifying glass. Mathematics of Microscope Resolving Power :: Math Missing Figures Imagine this, you are walking through the forest when all of a sudden you come across the most fascinating insect (perhaps insects may not seem too fascinating at first but once you learn a little about them they are the most fascinating creatures). Well, back to the story, so you find this insect and you realize that it seems very different from those you've previously encountered. Well, being the curious scientist that you are, you take out your trusty magnifying glass and take a look. You move the lens back and forth until you find the perfect image. You see the insect's wonderful colours and patterns which you would not be able to see with your naked eye. What just happened? You simply placed a piece of glass between you and the insect and all of a sudden you get this wonderful view of nature which would otherwise be missed. Well, if you are at all curious as to know how magnifying glasses and microscopes work, then read on and find out. An Introduction to Microscopes The two types of microscopes that will be focused on in this webpage are the simple microscope and the compound microscope. The simple microscope, also known as the magnifying glass, is composed of a single converging lens. The compound microscope is composed of at least two lenses and is generally referred to as a microscope. There are two main purposes of a microscope: 1) to increase the magnification of an object 2) to have a high resolving power Both of these will be examined; however, a greater emphasis will be placed on the resolving power. Magnifying Power (brief overview) Magnifying power: is also called angular magnification. Figure 1a shows an object y in front of a lens. Rays of light reflect off the object through the lens and a now larger image, y', of y can be seen. Once, the image is brought further from the lens, as in figure 1b, the image, y', is even larger. (So as to no discrepency: in figures 1a and 1b, the observer is on the right of the lens looking towards the image y') The magnifying power, M, is given by the following: M = 1 + d/f, where f is the focal distance and d is the distance between the object and the lens Proof of M = 1 + d/f: Figure 1c is the view of the object Y from point C without a magnifying glass.
Tuesday, January 14, 2020
Riordan Manufacturing Proposal Package
Running Header: PROPOSAL PACKAGE Proposal Package Stephen J Kiser University of Phoenix March 22, 2010 Cover Letter The goal is over the next 18 months to develop a system that will allow for the production of both our generic electric fans and personalized fans offered at our China location to become a more stream line process and adopt more of a just-in-time manufacturing approach. In order to make this process a reality the IT department will sent a request to develop an automated ordering system that will allow for quick and accurate tracking of inventory level and ordering of new inventory. The IT department will also be requested to order new bar coding systems that will allow for all merchandise and raw materials to be bar coded, and will decrease the time needed to verify new shipments. The suggestion will also be made to supplement the supply chain by adding an additional provider of electronic fan motors since the company currently being used does not have a perfect track record of dependable on time deliveries of needed inventory. Supplementing this provider will increase the successfulness of the companyââ¬â¢s change from a stock-to-market approach to a just-in-time manufacturing approach. Materials Requirement Plan Materials Requirement Planning is an integral part of any manufacturing based business. According to The Free Dictionaryââ¬â¢s definition of materials requirement planning is that this system ââ¬Å"provides the user with information about timing (when to order) and quantity (how much to order), generates new rders, and reschedules existing orders as necessary to meet the changing requirements of customers and manufacturingâ⬠(2009). This definition of materials requirement planning illustrates the importance of having an excellent system in place to make certain that ordering needed materials is done in an orderly fashion that allows for the needed materials to be on hand, but will not result in an instance of having excessive amounts of inventory in stock that will need to be held for long periods of time, or that may not be used at all. For this reason Riordan needs to develop a strategy that will allow for a computerized inventory system to be utilized, which will allow for ordering to be done when materials reach a certain point so that the company doesnââ¬â¢t experience any down time due to insufficient amounts of inventory. One method that can be utilized to increase the efficiency in the current method of shipping and receiving raw materials would be to have a computerized system that automatically orders materials bases on sales projections entered into the system by the shipping supervisor. When orders are received the current technique is to have all orders checked first by the shipping supervisor and then unloaded by a team of employees. However, this could be streamlined as well and each incoming package be labeled with a bar code that the unloading team could then scan and after the truck had been completely unloaded the computer system would then compare what was ordered to what was received and make adjustments accordingly. New Process Design for Production of Electric Fans Currently Riordan produces the electric fans at the plant located in China. This allows for the company to utilize the cheaper resources and labor that is associated with this area. Currently the process that is utilized is that the plastic polymers used in the production of the fans are bought locally, along with the completed fan engines that will power the electric fans. The plant in China then injects the plastics into molding machines that create the various plastic parts that will be used in the completed project. Once the products are completed the plant will then ship these electric fans to anywhere in the World through use of FedEx. This process design for the production of the electric fans is sound and seems not to have any negative effects associated with this process. The only changes that could possibly be made to increase efficiency are the method used in determining what amount of products needs to be ordered. Currently the method is extrapolation based on the previous three years of sales, due to the issue with on time deliveries this method is understandable, but perhaps isnââ¬â¢t the most cost efficient. If the company was able to develop a more reliable supply chain than currently exist this would allow for more ââ¬Å"real timeâ⬠ordering to be done and thus the company could experience a higher degree of dynamic production capacity than currently exist (Riordan, 2009). Supply Chain for Electric Fans Currently the supply chains that exist for the Chinese plant that produces the electric fans is the purchasing of plastic polymers, used in the production of the plastic components of the fans, and ordering of the completed electric motors used to power these fans. According to the Riordan Manufacturing website there seems to be no obvious flaws with the shipments being received of the plastic polymers or any of the miscellaneous equipment used in the production of the plastic fans. However, there is only a 93% chance that the shipments of the electric fan motors will be received on time. This may not appear to be an issue to some companies but can be extremely important when attempting to develop a real time ordering system that required on time shipment of all goods and services so as not to stop the production process. For, this reason the easiest way to ensure on time delivery of these items would be to expand the sources for these parts outside of the one company that is currently used so that if one location cannot provide on time delivery of needed equipment then the other location can be utilized to maintain an steady shipment of the needed equipment to produce these electric fans. Productions Forecast for Electric Fans Currently the production forecast being utilized by the company is a make-to-stock production forecast model in which the company uses the past hree years of ordering data and through forecasting attempt to develop production level goals for the plant. This approach heavily relies on the idea that the past will repeat itself, which isnââ¬â¢t the case many times. This approach results in overproduction in times of economic downturn, while it may result in under production of products in periods of economic growth. This is why the suggestion is to create a more dependable supp ly chain and turn the process into a just-in-time approach, since this technique would be better suited for the individualized products that the Riordan location in China offers to customers. This would also allow for more real time data to be used when attempting developing forecasting plans and would allow for short-term changes made to the production capacity of the plant depending on the current economic situation. Implementation Plan The first task that needs to be completed in order to make the suggested changes listed above would be to complete the database system that would be responsible for tracking inventory at the electric fan plant. Developing this system would require that either an internal or external IT department be consulted or a plan of action be developed which would allow for the development of the software and purchasing of the hardware needed for this process. As the software is being developed the current amounts of inventory must first be entered into the new system that will be tracking the usage and ordering of the equipment needed in the production of the electric fans. Once this information is entered the system must have minimal information entered which will allow for the system to realize when ordering new materials is needed so that the plant does not exhaust the resources on hand before a new order is received. Once this software has been installed hardware will need to be purchased that will allow for the bar-coding of merchandise and for incoming orders to be scanned and electronically entered into the system. The second element associated with the changes being suggested is the increase in the reliability of the supply chain. First negotiations may need to take place with the initial provider of electric fan motors to ascertain exactly how many of these motors can be purchases and within what time frame and the order be guaranteed to be delivered on time. Once this information is gathered the company can attempt to set up a secondary provider of these completed motors that will ship the parts that the initial supplier may not be able to guarantee on time delivery of. Once these negotiations have taken place this information can be entered into the ordering data base so that the system will automatically order the needed parts from the supplier that will be able to ship the equipment so the orders will be received on the specified need date. References Riordan Manufacturing. (2009) Intranet. Retrieved March 20, 2009 from https://ecampus. phoenix. edu/secure/aapd/cist/vop/business/riordan/RioMfgHome002. htm The Free Dictionary. (2009). Materials Resource Planning. Retrieved March 20, 2009 from http://encyclopedia2. thefreedictionary. com/Material+Resource+Planning
Monday, January 6, 2020
B. Write an Essay in Which You Analyze and Interpret Polly...
Not all marriages have happy endings, not all marriages last forever and moving on can be difficult. That is what the short story Reconciliation, written by Polly Clark, is trying to tell us. The story is written in 1st person because we are able to read what she is thinking and feeling ââ¬â even when she doesnââ¬â¢t know it: ââ¬Å"Itââ¬â¢s my first day, I cycled hereâ⬠etc. It all starts ââ¬Å"in medias resâ⬠, where the reader is thrown into the events and quickly forced to understand everything that is happening. The fact that itââ¬â¢s the narrator who tells the story gives a very good insight into her world and what she is thinking and that is very important when you have to characterize her. The story takes place in an office and we follow the narrator andâ⬠¦show more contentâ⬠¦Vernon has moved on and Laura is still stuck. And with Laura being positive that Vernon has a new girl, Janny, the numbers show that perfectly. Laura is the single number with no match and Vernon is the one with the match. That is also a reason she really wants to find the specific numbers match: ââ¬Å"I want its story. When I know its story I can let it go.â⬠That really shows that Laura canââ¬â¢t move on unless she knows the whole story. Her marriage with Vernon is a big part of the story. As said earlier, theyââ¬â¢ve been married for a long time and a lot has changed since they first met. When they first met eachother they talked a lot: ââ¬Å"..It was always what was special about me and Vernon, the talks, the chatting.â⬠But now that has changed: ââ¬Å"..We regard eachother over months of frozen silenceâ⬠. Itââ¬â¢s very easy to notice that she is afflicted with the silence between Vernon and her. She mentions it with following sentence: ââ¬Å"We began our relationship in a bar, and those were our best times, telling each other the truth of our lives in the warm lightâ⬠and ââ¬Å"News and questions bubble up in my throat, but I cannot speakâ⬠. This unfortunately is a very common day nowadays. Sometimes people grow apart and it seems to be the case here. Vernon seems to have accepted that while Laura is in a state of sorrow. Vernon seems to be the one who has the most control over himself and his life. He doesnââ¬â¢t seem as affected as her and she notices: ââ¬Å"He looks so
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