Beowulf Poem

Introduction

            After the fall of the great Roman Empire, many Anglo-Saxon communities were at cross roads regarding which religion or cultures and customs to follow. There was a great shift as most societies incorporated cultural ideas and ideologies from northern German and Scandinavian groups that had migrated into the region. The influence of these two groups over the then Anglo-Saxon community is depicted in the great epic poem of ‘Beowulf’. Even thought the poem is thought to have been written during the Christian Anglo-Saxon period, it depicts the religious, cultural and custom facts of that period and how these elements were shaped and later changed.

Beowulf poem

            The Beowulf poem can be interpreted into three major aspects that were important during this period. The then society believed in the importance of strong leadership in the society as well as the importance of the proper burial of their dead. Throughout the work we see which elements of their society were held most valuable to them as the tale depicts the general life style and conditions of Anglo Saxon culture which led to their success during that period (Hen, 1995).

Leadership during this period

            Leadership during the post roman period was characterized by lords who were rulers over the people as well as vassal who were particular people loyal to the king and who likely did the kings bidding. The poem depicts this fact at its beginning by stating that Beowulf had been summoned by his king to fight a dragon that had been pestering the king. This feudal relationship between the king and his vassals was important during this period. The kings’ vassals were expected to be strong worriers who would fight not only for the people but for the kings’ honor. These worriers were in return, greatly honored by the king and his loyal subjects. In the poem, after Beowulf successfully eliminates the giant Grendel and later Griendels mother, he becomes a legend who is treated with ceremonies, praise and lots of gifts (Perry, 2011)

Worriers in the society

            The poem depicts the importance of worriers in that society. Worriers played an important role in that society in that they protected the people and the crown. Due to the important role of the worriers, the society immortalized them by making them legends. The important role of the worriers was cultivated in the minds of the children of that society who understood the value of growing up as fearless worriers. Like any warrior-based society, one would expect physical dominance and violent prowess to be important aspects of life. Beowulf highlights the importance of these characteristics multiple times throughout the story. In the poem, Beowulf successfully tracked down and killed the giant and its mother with his bare hands. Bravery and risking one live were the main elements in that society and were ensconced in all society members especially the males from the time they were young till they grew up. Different sections of the poem show how as young boys, the men are educated on the importance of courage and fearlessness and how as grown men these boys now worriers boast of their prowess in battle (Perry, 2011). The way a warrior would establish his identity was through physical dominance displayed in battle. Much pride is taken by showing off physical ability and publicly discussing ones accomplishments. Beowulf purposely fights Grendel completely unarmed to showcase his might and dominance over the rest of the warriors who had failed to defeat Grendel even with weapons. This seems grossly over the top, yet the poem is emphasized on the importance of physical preeminence.

Success and loyalty

            Success in this society was measured through successful warfare and loyalty. One’s identity was determined through heritage, which was enhanced through battle successes. These brave and successful conquests were later narrated so that the younger generations were aware of the victories that had been achieved by their elders. This served as a moral booster to the children and the general clan that had faith in their worriers. The loyalty of these worriers and the society as a whole is also depicted in the poem. Beowulf’s Father is mentioned several times along with the fathers of other men in the story like Hrothgar, whom Beowulf calls, “Halfdane’s Son” while Beowulf is often referred to as “Ecgtheow’s son”. Brief back-stories are often given that describe some their heritage. King Hrothgar was an ally of Beowulf’s father as he maintains the alliance in honor of him (Hill, 1995). One would gain loyalty by sacrificing themselves for their fellow fighters by showing fearlessness. Many good things would come from displaying these attractive characteristics weather it was loyalty, or material wealth.

Importance of kinship

            Kinship was highly important to Anglo Saxon warriors, as men were associated with the accomplishments of their ancestors that acted as their primary source of pride. Successes of their predecessors were used as guidelines for newer generations to live up to. Short stories are recited throughout the poem reminiscing on kings and warriors from the past who protected their people along with other acts of courage. One’s past, along with loyalty defined their character. The importance of kinship was so strong that the poem points out that if ones kin was killed by another it was the duty of the other clan members to exact revenge on behalf of their dead kin (Liuzza, 2013).

The great heroic code of the empire

            The basic heroic code called for the king to reward warriors with material gifts and public praise, while there was also a material price placed on every warrior’s life. The value was paid to the warrior’s family as compensation for their death. This retribution was referred to as “wergild”. This tradition ensured that Beowulf was buried with vast amount of treasures including the loot he amassed after defeating the dragon. Warriors were rewarded but were also entitled to protection by the crown as a result of their loyalty. Furthermore, kings were expected to provide the warriors with a mead hall. This is sort of a lodge type of building that protects the warriors at night while they congregate, drink, sing and share stories (Liuzza, 2013). In the poem, the new mead-hall built by King Hrothgar was the main cause of Grendel’s attacks. The sounds of warriors singing and drinking through the night annoyed Grendelas he would soon visit the hall in a series of attacks. All in all, the great heroic code it served the empire good as the worriers will remain dedicated to their work and their liege.

Dominance and leadership

            The poem depicts that in that society, only the strong were able to lead the others and the kingdom. This is evident when Beowulf picked his successor as Wiglaf who remained to rule the people when he went fight the dragon that all solders in the land had failed to kill. With this gesture Beowulf ensured the continuity of the kingdom in the hands of the bravest and loyal legend Wiglaf. This illuminates the notion that the most dominant and proven male is needed to lead the people. None of the Geatish warriors were quite as powerful as Beowulf as the tale foreshadows future attacks by neighboring Scandinavian tribes. All of Beowulf’s fellow soldiers had fled in the face of the dragon except for Wiglaf (Hill, 1995). He remained by Beowulf’s side until his death and took the throne after he was deceased.

Religion

            It has not yet been clarified due to the fact that the this particular poem was written during the Christian Anglo-Saxon period, however there was an element of religion incorporated in the beliefs of the Germanics who existed in the period that the poem refers to. In the poem there are a number of times when there is reference to either pagan or Christian belief. The poem describes the Danes that Beowulf had gone to visit as pagans who prayed to ‘the killer of souls’ while other parts of the poem insist on the fact that Beowulf addressed a ‘ruler over all mankind’ it is still unclear as to whether he was referring to the ‘God’ or ‘gods’. Regardless of whom the poem refers to it is clear that there was religion in that society (Bjork & Niles, 1998).

Death and burial of legends

            According to the society going to war was the norm therefore, cowardice was not an option. Like the Greeks depicted in the Iliad poem, war was part of the normal routine of the Germanic people therefore death of worriers that come in great numbers was also a norm. It was presumed that when worriers would go to war it would be their last thus when Beowulf goes for his final battle he leaves his successor behind to rule his people. Most of the dead worriers were buried with honor and dignity. Therefore when Beowulf dies, not only is he cremated and buried, but a monument is set up for his honor. Like all brave worriers who died before him, he is buried along with the treasures which he took from his conquests (Liuzza, 2013). The monumental mound is set up at a place that is presumed to be where the legend died as Beowulf’s grave was placed near the place where he had died trying to kill the dragon. One’s death was part of their legacy and was a major factor that determined how a warrior was remembered. Therefore, great worriers such as Beowulf had mounds erected next to cultural monuments to ensure that even after their deaths they were remembered and respected by the society. Once again, this illustrates the importance of loyalty, pride, self-sacrifice, and fearlessness in Anglo-Saxon culture. The burial of individual in the society with treasure also helped illustrate their importance in that society. In the poem when King Scyld Scefing dies, he is buried along with his earthly possessions. The funerals depicted in the poem show that the greatness of an individual in the society was shown by his funeral.

Conclusion

            It is clear that the period characterized by the poem characterized great changes in the Anglo-Saxon society. Not only was this society trying to establish itself after the fall of the roman society, but it did so successfully by incorporating different customs into what they already had. This later led to the successful foundation of a great empire whose norms existed for a long time to come and which to date still characterizes the Middle Ages.

References

Hen, Y. (1995). Culture and religion in Merovingian Gaul A.D. 481-751. Leiden: Brill.    

Liuzza, R. M. (2013). Beowulf. Peterborough, Ont: Broadview Press.

Bjork, R. E., & Niles, J. D. (1998). A Beowulf handbook. Lincoln: University of Nebraska Press.

Hill, J. M. (1995). The cultural world in Beowulf. Toronto u.a: Univ. of Toronto Press.

Perry, M. (2011). Sources of the Western tradition: Volume 1. Belmont, Calif: Wadsworth.

Advantages of a democratic constitution according to Thucydides and Aristotle

According to Thucydides a democratic constitution brought about equality among the population. He stated that a democratic constitution gave power to all people. When it came to the settling of a dispute all people were equal before the law regardless of the social class they were in. He continued and stated that even in the appointment of public offices all individuals stood an equal chance as long as they had the required skills to articulate the task. Aristotle also backed this up when he stated that in a democratic constitution the citizens must have equality and therefore the poor have more power than the rich since they comprise of the majority and therefore they cannot be victimized by the rich since they equally have the power.

The second advantage is the liberty and freedom of the citizens under a democratic constitution. Thucydides states that as long as there is political freedom and liberty the citizens also enjoy freedom in their day to day activities and in the manner they handle their neighbors making the citizens free and tolerant in their private lives but keep to the law when it comes to public affairs. Every citizen is able to enjoy their life without the condemnation of other. Aristotle backed this up by stating that the basis of democracy where the democrats affirm to be the principle of their state and it allows a citizen to live as they like without having anyone to limit them.

According to Thucydides a democratic constitution encourages people to respect and obey the laws and the people they have put in power since they were involved in their election and also because the laws put done may be to protect the oppressed and it would be shameful to break them he also states that having a democratic constitution allows the citizens to enjoy their recreation activities after work by retiring at home to rest and drawn their cares and also being able to enjoy products both foreign and local.

Thucydides states that having a democratic constitution allows a country to meet danger voluntarily, with an easy mind, instead of with a laborious training, with natural rather than with state-induced courage. They do not have to spend time in vigorous training for battles that are in the future but when they do face their enemy they are able to defeat them with ease as though they had equivalently trained.

According to both the thinkers a democratic constitution harbored love and unity among the people and also allowed the making informed decisions. Thucydides stated that in that state everyone was not only concerned with their business but also the states affairs. H e also states that they made decisions on policy or submitted them to discussions and take time to make decisions so that when they make decisions they make informed decisions and are courageous in articulation of these decisions.

According to Thucydides having democratic constitutions allowed them to make good general good relations and feelings with their neighbors. They did good to others so that they would remain grateful to them and for those they owed they

Similarities of the two Thinkers

The two thinkers both argued democracy in terms of the acquisition of employment and they both stated that in a democratic state there was more fairness in the acquisition of employment. Aristotle states that there are certain characteristics of a democracy and they are: eligibility of all citizens for office, offices that are chose by lot, no repeat terms in office, short terms of office, a popular jury, and a popular assembly with great authority. In a democracy, all offices are paid. When all citizens are eligible for office, when offices are chosen by lot, and when there is a popular assembly with great authority this is similar ro Thucydides thinking since he stated that a democratic constitution facilitates the putting of a person in office on merit regardless of their social class.

Differences

For Aristotle, a democracy is a failure. It is a majority rule where the majority is poor and non-virtuous. This means that whoever is in office, and all have equal access to office because of democracy’s concept of equality, may not act in the best interests of the city-state. When the city-state fails to reach its objectives, providing the good life for its citizens, then the government of the city-state is non-virtuous, as are the people in the government. Since the city-state fails to achieve its objectives under a democracy, Aristotle believes democracy to be a failure this contradicts with Thucydides theory where he attributes the excellent of Athens to the democratic nature of their constitution that gave them the liberty to carry out decisions that contributed to the great performance of the country.

For Aristotle democracy is not the best form of government since the it is for and by the people named in the government type. He states that this people do not have the best interest of their country at heart while Thucydides states that all the citizens are concerned with the affairs of the country including the leaders since they are concentrating on the well being of the country and their individual performance.

 Challenges in presenting digital evidence in court

Introduction

            Digital evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence, a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. Depending on the jurisdiction, a court may or may not find digital evidence admissible. In the US, courts have been using federal rules of evidence to consider the admittance of digital evidence. This however changed in 2006 when there were amendments in federal rules of evidence. These changes required the preservation and storage of digital evidence.

            Digital evidence includes electronic communications, such as e-mails, text messages, and chat room communications; digital photographs; website content, including social media postings; computer-generated data; and computer-stored record (Cohen, 2008).

Challenges

            In Lorraine v. Markel American Insurance Company, Judge Grimm described a decision model for addressing the admission of electronic evidence, which, is nearly identical to the one many proponents apply to the admission of more traditional forms of evidence. The court decided that the proponent of electronic evidence focus first on relevance, asking whether the electronic evidence had any tendency to make some fact that is of consequence to the litigation more or less probable than it would be otherwise (Friedan & Murray 2011).

            Under the federal law, evidence is admissible before court based on relevance. Therefore, irrelevant evidence is inadmissible before court. In determining whether digital evidence ought to be admitted, the court considers whether the relevance is logical or pragmatic. In this case, relevant evidence is evidence that has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence (Mercuri, 2005). This usually poses as a challenge to the party that presents digital evidence for the opponents can easily argue the an abuse of discretion standard  

            Second, the proponent should address authenticity, asking if he can present evidence demonstrating that the electronic evidence is what it purports to be. This however, is always weakened with the argument that digital evidence can readily be altered by anybody. There is always also the fact that the source of digital evidence is more often than not unknown.

            Third, the proponent must address any hearsay concerns associated with the electronic evidence, asking if it is a statement by the declaring, offered for the truth of the matter asserted, and, if the electronic information is hearsay, whether an exclusion or exception to the hearsay rule applies (Carrier, 2002). Hearsay applies in form of computer-generated evidence. The court in this case found that information generated from computers could not be classified as hearsay because no humans were involved in the creation of the record.

            Fourth, the proponent must address the application of the original documents rule, and finally, the proponent should consider whether the probative value of the electronic evidence is substantially outweighed by the danger of unfair prejudice confusion, or waste of time (Carrier & Spafford, 2004). Therefore, even though the court can admit printouts from a computer as secondary evidence, the primary evidence must exist. If the primary evidence cannot be found then the evidence is inadmissible in court.

Conclusion

            Careful consideration of these traditional evidentiary principles will permit a proponent to successfully admit electronic evidence. However, these principles are riddled with loopholes that can easily be bypassed by the defense therefore a lot of care needs to be put in place when presenting digital evidence.

References

Carrier, B., & Spafford, E. H. (2004, July). An event-based digital forensic investigation   framework. In Digital forensic research workshop.

Cohen, F. (2008). Challenges to digital forensic evidence. Fred Cohen and Associates.

Cohen, F. B. (2010). Fundamentals of digital forensic evidence. In Handbook of Information and Communication Security (pp. 789-808). Springer Berlin Heidelberg.

Mercuri, R. (2005). Challenges in forensic computing. Communications of the ACM, 48(12), 17-   21.

Carrier, B. (2002). Open source digital forensics tools: The legal argument. stake.

Frieden, J. D., & Murray, L. M. (2011). The Admissibility of Electronic Evidence Under the Federal Rules of Evidence. Rich. JL & Tech., 17, 5-16.

Death Penalty and Social Aspects That Surround It

Introduction

This speech research is based on seven articles in different journals that discuss the death penalty and social aspects that surround it. These articles describe the history of the death penalty, its process of application as well as reasons for its application. They also discuss the pros and cons of the death penalty.

Sources

Articles

The Death Penalty: An American History

This essay looks at capital punishment in the American correction system. It looks at the development of the death penalty through out American history and the justifications normally given to support capital punishment. The essay also explores how the death penalty is administered and its execution protocols in the American justice system based on Stuart Banners’ The Death Penalty: An American History (2002) book.

The author of this essay, James Acker is a Professor at the School of Criminal Justice at the University at Albany. With Charles Lanier, he is co-director of the Capital Punishment Research Initiative at the University at Albany, an organization consisting of student volunteers and a shoestring budget devoted to research and education about the death penalty. He earned his law degree at Duke University and his PhD at the University at Albany. He has written extensively about the death penalty. With Robert Bohm and Charles Lanier, he is co-editor of America’s Experiment With Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction (Carolina Academic Press, 1998).

Estimating the Impact of the Death Penalty on Murder

This is a papers review that assesses the impact of the death penalty on murder. The paper looks at the reaction of potential murderers to the legalization of the death penalty. The paper also looks at other determinant factors such as the number of executions in a state, the number of murders that lead to a death penalty as well as the types of murders that warrant death penalties.

This paper review is done by John J. Donohue, III, Yale Law School, and Justin Wolfers, The Wharton School, University of Pennsylvania. The former has been a professor of law in both Stanford and Yale universities. He is currently the president of American law and economics association and co-edits the associations’ journal. He is known for using empirical analysis to determine the impact of law and public policy in many disciplines. The later on the other hand is an Associate Professor of Business Economics and Public Policy, Wharton, University of Pennsylvania.

An Examination of Social-Psychological Factors and Support for the Death Penalty: Attribution, Moral Disengagement, and the Value-Expressive Function of Attitudes

This article is based on a study on the socio-psychological factors that attribute to those attitudes of individuals that support the death penalty. The study also examines the flaws that these individuals see in the death penalty system and whether these flaws affect their opinion on the death penalty. The study further looks at Value-expressiveness and its impact on these individuals.

This study was carried out and the article written by two authors, Scott Vollum, PhD, is an Assistant Professor of Justice Studies at James Madison University. His current research interests include death penalty attitudes, violence in prison, and violence against animals. His recent work has been published in several journals including, Contemporary Justice Review, The Prison Journal, Justice Quarterly and Violence and Victims. On the other hand, Jacqueline Buffington-Vollum, PhD, is an Assistant Professor in Justice Studies at James Madison University and a licensed clinical psychologist in forensic private practice. She has published on risk for institutional violence and death penalty issues, in such journals as Law and Human Behavior, Criminal Justice and Behavior, and Justice Quarterly

The Undermining Influence of the Federal Death Penalty on Capital Policymaking and Criminal Justice Administration in the States

This article looks at the dynamic relationship between the federal death penalty, administration of criminal justice and capital sentencing. This type of death penalty is used to in states that do not have the death sentence, where the prosecution has resulted in a sentence less than the death sentence and where the sentence has been overturned. The article pits this against the backdrop of the constitution. This article looks at the American federal government and its role in state sentences such as the death penalty.

The author of this article, Eileen M. Connor, JD, is a Proskauer Special Litigation Attorney at the New York Legal Assistance Group. She is also an active lawyer and a former member of John J. Gibbons Fellow in Public Interest Law, Gibbons P.C. She has also been involved in the publication of an article titled "The Undermining Influence of the Federal Death Penalty on Capital Policymaking and Criminal Justice Administration in the States," The Journal of Law & Criminology, June 7, 2010.

An Overview of the Death Penalty and Capital Trials: History, Current Status, Legal Procedures, and Cost

The article looks at the history of the death penalty in America as well as the American system of jurisprudence. The article also presents a detailed examination of one issue that frequently surfaces in discussions of capital punishment, which is the financial cost of the death penalty and its attendant procedures. This article also examines the death penalty and capital trials from the perspective of social science.

Mark Costanzo and Lawrence T. White author this article. MARK COSTANZO is an associate professor of psychology at Claremont McKenna College and the Claremont Graduate School. He received his Ph.D. from the University of California at Santa Cruz in 1986. His research interests include social cognition and human communication. He is especially interested in the application of social-psychological research and theory to environmental issues, the legal system, and education. He is currently serving as co-organizer (with Stuart Oskamp) of the Claremont Symposium on Applied Social Psychology and as co-editor of the book series based on the symposium. LAWRENCE T. WHITE received his Ph.D. in social psychology from the University of California at Santa Cruz in 1984. He is currently an associate professor and the chair of psychology at Beloit College in Wisconsin. His research interests include the questioning of child witnesses and capital penalty trials.

Limiting Death Raw Appeals: Final Justice

This article looks at the current state of death row and the death sentence in America. It looks at the statistical numbers of inmates on death raw as well as how this statistics affect both the inmates and there loved ones. The article focuses on expert opinion of people who are experts in studies that deal with the death penalty.

Mark Hansen who was then a reporter of the journal authored this article, which, featured in the ABA journal. He is currently a senior writer, joined the ABA Journal staff in 1991. He had worked as a reporter for the Palm Beach Review, Sarasota Herald-Tribune, and as a long-range planner for Manatee County, Fla. Mark earned his B.A. in political science and history from the University of Michigan. In the article, he incorporated expert opinion from leading death penalty scholars such as Viviane Burger.

Informative speech

This speech will look at the history of death penalty in America. It will also look at the figures that result from this type of execution as well as the methods used in execution of this sentence. The speech also touches on the crimes that warrant the death penalty as well as the role of the courts and government on this topic.

Key word outline

Death penalty. Execution. Murder. Death raw. Federal death penalty.

Death penalty

George Kendall experienced the very first case of sentencing by death penalty in America in 1608. He had been sentenced for spying for the Spanish and was executed by a firing squad in colonial Virginia. Since then it has been documented that to date, there have been roughly 20,000 court ordered executions on the American soil. Well over a third of those capital sentences were carried out during the 20th century, including 4,457 since 1930, when the federal government began collecting execution data (Acker, 2003).

For almost a decade after that, executioners could be said to have taken a break because the number of executions went down owing to the fact that there were litigation contesting the death penalty’s legality. This changed in 1976 when the Supreme Court authorized states to resume carrying out death sentences under new laws enacted to correct constitutional deficiencies identified four years earlier.

Currently the only crime that carries a death penalty in America is murder. However, the law clearly states that not just any form of murder warrants death as a sentence. Under the different criminal jurisdictions in the U.S, that allow the death sentence, the convicted person must have committed first-degree murder or what some states term as capital murder.

By 1992, America had 2,500 prisoners on death raw (Hansen, 1992). This numbers have continued going up over the years and the number as of October 2012 was at 3,146. To date polls show that crime is the number one fear in America and in fact more Americans prefer the death penalty as a form of sentencing.

Originally, the death penalty was executed by way of the firing squad or by hanging. However, over the years, these forms of execution have shifted to other forms of execution such as the electric chair and the recent and most preferred death by lethal injection. Whichever method of execution used, the bottom line is that at the end of the day the convicted person dies for committing a crime.

Currently 36 out of 50 states in America still execute the death penalty in their jurisdictions. Although the other remaining states do not have the death penalty in their respective jurisdictions, the federal government has made it possible to extend this jurisdiction by introducing the federal death penalty (Connor, 2010). This gives federal courts the power to meet out the death penalty to any American irrespective of the state in which the crime was committed.

Persuasive speech

This speech looks at the attitude of Americans towards the death penalty. It also touches on the effects these attitude has on court decisions on the matter. The speech futher outlines the effects the death penalty has on murder as a crime and the pro and cons of having the death penalty in the American criminal jurisdiction.

Key word outline

Death penalty. Attitude. Effect on murder. Advantages and disadvantages.

Death penalty

Throughout its history, the death penalty and its practice have been intertwined with public opinion in the U.S. The Death penalty policy has often been tied to public support and attitudes surrounding its use. Americans fear crime the most therefore most of them would prefer for there to be death penalties to try to curb this crime, especially those of the violent type. The Supreme Court has also been invoking public opinion when considering death penalty statutes and procedure ( Vollum et. al, 2010). In short, public opinion is one of the central factors underpinning death penalty policy and administration in the United States.

Over the years, support of the death penalty in America has reduced but not diminished. Research shows that when death penalty support is based on retribution or retributive ideals it will be less likely to diminish regardless of whether one is informed or aware of the realities of the death penalty. However, some more recent research has found that those with retributive attitudes regarding capital punishment were no more resistant to change in their death penalty support.

With all its support or lack of, the fact remains that Americans appreciate the death penalty. However, does the fact that the there is a death penalty affect the crime of which it is its sentence? A survey carried out on seventy past presidents of the academic criminology associations asking them “on the basis of their knowledge of the literature and research in criminology” whether the death penalty lowered the murder rate. It was found that only eight of these eminent criminologists responded affirmatively to the statement that “the death penalty acts as a deterrent to the commitment of murder—that it lowers the murder rate,” while fifty-six (or 84%) argued against deterrence (Donohue & Wolfers, 2009).

Other than the fact that the death penalty has been found not to effectively reduce the crime of which it was originally designed to punish, there also other disadvantages of the death penalty. These include the fact that the death penalty does not rehabilitate the offenders and is expensive for the state to bear the costs. Research in fact shows that the crime rate of that particular crime goes up in the weeks after the publication of an execution. It has also been found that some executions are of innocent people. This occurs due to a wrong conviction that cannot be changed after the execution since the individual is already dead.

However, there are also advantages of the death penalty. There is a sense of safety because the criminal has been removed from the streets, most of these criminals tend to be violent and would commit the crime again if left alone. Some of the crimes committed are usually so gruesome that the only way they can be atoned for is by death. This allows the family a sense of justice and vengeance for their loved ones. It is also believed that a punishment for a crime should be equal to the crime committed; therefore, using logic the appropriate crime for murder should be death (Vollum, 2010).

In the end whether one supports or is against the death penalty, the American law has firmly entrenched this type of punishment into the legal system. As long as the public opinion on the matter is strong, even if by a small group of individuals, the death penalty is here to stay in America.

References

ACKER, J. (2003). THE DEATH PENALTY: AN AMERICAN HISTORY. Contemporary Justice Review, 6(2), 169-187.

CONNOR, E. M. (2010). THE UNDERMINING INFLUENCE OF THE FEDERAL DEATH PENALTY ON CAPITAL POLICYMAKING AND CRIMINAL JUSTICE   ADMINISTRATION IN THE STATES. Journal Of Criminal Law & Criminology,100(1), 149-211.

Costanzo, M., & White, L. T. (1994). An Overview of the Death Penalty and Capital Trials: History, Current Status, Legal Procedures, and Cost. Journal Of Social Issues, 50(2), 1-      18.

Donohue, J., & Wolfers, J. (2009). Estimating the Impact of the Death Penalty on Murder. American Law And Economics Review, 11(2), 249-309.

Hansen, M. (1992). FINAL JUSTICE. ABA Journal, 78(3), 64.

Vollum, S., & Buffington-Vollum, J. (2010). An Examination of Social-Psychological Factors and Support for the Death Penalty: Attribution, Moral Disengagement, and the Value-   Expressive Function of Attitudes. American Journal Of Criminal Justice, 35(1/2), 15-36.          doi:10.1007/s12103-009-9068-0

Application of the Miranda Rights Law

Introduction

The Miranda law was created by the courts in Miranda .v. Arizona to protect a criminal person’s fifth and sixth constitutional amendments right. In essence, the Fifth Amendment offers individuals the right not to incriminate themselves. The sixth amendment on the other hand offers an individual the right to counsel or to an attorney. Without this important step by the law enforcement then the evidence produced before the court is considered inadmissible before the court. This essentially means that any statement given by an arrested individual before their Miranda rights are read to them is excluded before the court.

Summery of facts

While executing a valid search warrant, four police officers stormed into the apartment of a suspected drug trafficker with a history of illegal firearm possession. They handcuffed the suspect and started searching the premise after explaining to him the reason for their coming. The officers ask the suspect some questions that give them clues as to where they could find incriminating evidence. They later read him his Miranda rights after two hours of the search.

The suspects’ defense attorney has made an application to strike out the evidence uncovered during the search that resulted from the question that the officers asked before reading the suspect his Miranda rights.  

Miranda rights

The Miranda rights are a set of factual details stated to an arrested individual that satisfy the protection of those persons fifth and sixth amendments. This facts are the "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against". The court in the Miranda case insisted that,

“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court. He must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.”

Under the law, custodial interrogations should always trigger the need for Miranda warnings. If the suspect has been taken into custody or restricted in any way, then any question asked by the police amount to ‘custodial questioning’ (California v. Beheler 463 U.S. 1121 (1983)). The court of appeal went further and explained that ‘the ultimate inquiry is merely whether there is a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.’ In the accused, case the police had already handcuffed him before the proceeded to ask him questions.

When determining whether an individual is under custody or not, the law has used the Thompson v. Keohane , (94-6615), 516 U.S. 99 (1996) case. In this case, the court set out two tests to prove whether an individual is in custody or not. The court stated that the court must determine the circumstances surrounding the interrogation (custody type treatment, handcuffing, locking in a cell, etc.) and if a reasonable person would have felt not at liberty to end the interrogation and leave. If these two facts are established then it is the duty of the police to read the suspect his Miranda rights before any form of interrogation.

When it comes to public safety, the law exempts the application of the Miranda law (US v. Lackey, 334 F.3d 1224 (10th Cir., 2003)). If the officer determines that the immediate public is in danger, then, any resultant evidence is admissible in court. In New York v. Quarles, 467 US 649 (1984) the court held that Police officers can and will distinguish almost instinctively between questions necessary to secure their own safety or the safety of the public and questions designed solely to elicit testimonial evidence from a suspect.

During the search, the suspect made a jest of whether he should call his ‘cousin Vinny the lawyer’. Under the law, a suspect has to waive his right to the sixth amendment properly for it to be considered valid. In Davis v. United States 512 US 452 (1994) the court quoted the Edwards v. Arizona, 451 U. S. 477, 484–485 case and stated that a suspect who has already been read for their Miranda rights can waive those rights in a proper manner at any time. In our case however, the suspect made a joke about the lawyer. On the other hand, the officers had not yet read him his rights for him to waiver them.

The defense has made an application to withdraw evidence comprising of pistol and cocaine found by the police during the search. The police were exercising a very valid search warrant for this suspect was an arms dealer. It can however be urged that that public safety was at stake because the police were searching for weapons. The courts in US v. Ferguson, 11-3806-cr (2nd Cir. 2012) held that ‘because officers had an objectively reasonable need to protect the public from the realistic possibility that Ferguson had recently left a gun in a public place, they could act under the public safety exception when questioning Ferguson an hour or more after his arrest.’ The court also refused to relinquish the statement made by Ferguson that helped the police in recovering the gun.  

Conclusion

Based on case law provided then it would seem that the officers delay in reading the suspect his Miranda rights before asking him questions was wrong. It should also be considered that the suspect was in custody. However, the police recovered a weapon because of the questioning. This means that the law can admit the pistol as evidence because it was in a public place and posed a threat to the public. However, the cocaine was found with the admission of the suspect without the reciting of the Miranda law.

References

Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2013). Criminal procedure for the criminal justice professional. Belmont, CA: Wadsworth Cengage Learning.

Prentzas, G. S. (2006). Miranda rights: Protecting the rights of the accused. New York, NY: Rosen Pub. Group.

Ruschmann, P. (2007). Miranda rights. New York: Chelsea House.

Siegel, L. J. (2010). Introduction to criminal justice. Belmont, CA: Wadsworth, Cengage Learning.  

Warrantless Search and Seizure Laws

Introduction

Under the American constitution, warrantless searches are restricted under the forth amendment. The amendment is meant to protect the privacy of the citizens by stating that

“The right of the people to be secure . . . 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.”

However, a few exceptions that have been developed through case law have been able to authorize the police force to search and seize property without producing warrants. Officers Johnson’s search and subsequent arrest was a warrantless exercise, whether this search was legal under the law or not is what this paper aims to establish.

Vehicular search and seizures

Warrantless searches and seizures on vehicles were made legal in the Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543 (1925) case law where the court granted law enforcement personnel substantial liberty when searching automobiles and their contents. However, for this law to apply, probable cause has to be established by the officer. The legality of a warrantless search and seizure is established by satisfying some conditions set out in case law. These conditions include-

• Did the officer seize the defendant?
• Did the officer have grounds for the seizure?
• Did the officer act within the scope of the seizure?
• Did the officer have grounds to arrest or search?
• Did the officer act within the scope of the arrest or search?

All these questions have to be answered successful for an officer’s evidence to be admissible before a court of law.

Seizure of the defendant

The courts in the United States v. Mendenhall, 446 U.S. 544 (1980) and Florida v. Royer, 460 U.S. 491 (1983) established the free-to-leave test. The court established that generally a person is seized when, in view of all of the circumstances, a reasonable person would have believed that he or she was not “free to leave.” A seizure clearly occurs if an officer takes a person into custody, physically restrains the person, or otherwise requires the person to submit to the officer’s authority. In our case, Officer Johnson handcuffed the Elliot Watson and placed him in the rear seat of the patrol car. This is a clear physical restrain by the officer. Furthermore, he has approached the suspects’ vehicle with his weapon raised when he noted that the suspect had gotten out of the car and was approaching him. This ensures that that encounter was not consensual but rather a seizure.

Grounds for the seizure

There are a number of factors that constitute grounds in which the suspect was arrested by the officer on that particular day.

Officer Johnson had just received a tip over the police scanner of a crime that had occurred that involved a foreign sports car. He spotted the defendants sports car and since this kind of car was very rear in that community, it can be argued that he had to check the car to be sure. The full details of the car had also not been clearly stated over the police scanner so this evidence would not be admissible in court as was the case in McSwain v. State, 522 U.S 553 (1999).

The officer had pulled up behind the defendants’ car at a traffic stop and had realized that the car stuttered and stalled as it pulled away. He concluded that the car either, had a mechanical problem or the driver was impaired, so he performed a car stop. An officer is allowed by the law to perfume a traffic stop if he has reasonable suspicion of criminal activity (Terry v. Ohio, 392 U.S. 1 (1968).

Scope of the seizure

According to Terry v. Ohio and State v. Pearson, 348 U.S 272 (1998) cases, an officer is not allowed to frisk an individual unless they have reasonable suspicion that that person has a weapon and presents a danger to the officer or others. The officer frisked the defendant when he saw him approaching the police vehicle in which he was in. the defendant did show any signs of aggression towards the officer. The officer was only unsettled because the suspect had seemed nervous. The courts, in United States v. Burton, 228 U.S 524 (2000) have states that, an officer is prohibited from frisking an individual merely because he or she fears for their lives. Upon frisking the defendant, the officer found what seems to be a pot-pipe. This evidence would however not be admissible in court because the officer was to look for a weapon not contraband, in the frisk.

Under the law once the purpose for a Terry stop has been established, the detention has to immediately stop. In this case, the officer had stopped the defendant to establish if the defendant was driving under the influence. Upon establishing that this was not the case, the officer should have let him go. In United States v. Beck, 140 U.S 1129 (1998), the court established that once purpose of traffic stop completed, officer must have reasonable suspicion to continue to detain defendant. However the same law states that the evidence that is to be searched is in respect to the crime one is detained for.

Grounds to arrest or search

Although reasonable suspicion may be sufficient to support an officer’s initial stop and investigative actions, an officer must have probable cause to make an arrest or to search for evidence during a stop (State v. Wise, 449 U.S 774 (1994) . Officer Johnson had no probable cause to search the defendants’ vehicle without a warrant because, it had already been established that the he was not intoxicated. The officer had also deemed fit to ignore the fact that he had encountered drug paraphernalia on the defendant. The officer did not seek the consent of the defendant to go through his car trunk. The defendant was adamant in refusing the officers inspection of his trunk.

Acting within the scope of the search

Under the law, searches that result to arrests are only permissible if among other reasons the suspect was going to trying to escape, reach for a weapon or trying to hide incriminating evidence against him (State v. Hardaway, 36 U.S 900 (2001). However, the law only permits the search of the drivers and passengers’ side of the vehicle where the driver is most likely to destroy evidence incidental to their arrest (New York v. Belton, 453 U.S. 454, (1981).

Conclusion

In conclusion, although the officer made an arrest, the arrest was unlawful under the warrantless search and seizure law. This is because no probable cause was sufficiently established by the officer to make the seizure. Furthermore, the arrest was not based on the reason for the stop; therefore, any search conducted by the officer needed a search warrant. The defendant had gotten out of his vehicle and walked towards the officer, this did not warrant him pulling out his weapon.

Bibliography

Case law

Statutes

The American Constitution

Books

LaFave, W. R. (1987). Search and seizure: A treatise on the Fourth Amendment. St. Paul, Minn:   West Pub. Co.

Farb, R. L., & University of North Carolina at Chapel Hill. (2003). Arrest, search, and nvestigation in North Carolina. Chapel Hill: Institute of Government, University of North Carolina at Chapel Hill.

Farb, R. L., & University of North Carolina at Chapel Hill. (2010). Arrest warrant and indictment forms. Chapel Hill, N.C.: UNC School of Government.

Farb, R. L. (2004). North Carolina capital case law handbook. Chapel Hill: UNC, School of Government.

 Arbitration 

Part 1

The statutory interpretation refers to the various ways in which the court interpret and different legislation. The interpretation of the statute is an important aspect in the application of various legislations under the English legal system. In most cases, it is the responsibility of the judge in legal court to interpret the statute (Cross, 2009, p.99). The ambiguity of the statute therefore requires the expertise of the judge. In order for the judges to interpret the various statures effectively, in most cases, they use various tools and methods such legislative history. The judges may use the golden rules in the interpretation of the statute. Using the golden rule to interpret the stature, the judge has the right to substitute a reasonable meaning in the light of the statute as whole. Moreover, the judge may also apply the mischief rule in the interpretation of the statute. In relation to this the judge needs first to consider what the law was before the statute was passed. The judge may also consider the various problems that the law was trying to rectify. In addition, with the use of the mischief rule the judge must also try to analyze and see what the parliament was trying to provide while it passed the statute. Another method used by the judges during the interpretation of the statute is the purpose approach (Barak & Bashi, 2011, p.342). Using this method, the judges normally consider the literal meaning of the statute.

Considering the above case, it is evident that Sam case may be interpreted in two different ways. First under the local government (miscellaneous provision) Act 1982 section 147 subsection of 1 which relates to the roadside sales states clearly that: No person for person for the purpose of selling anything or offering anything shall use any stall or similar structure kept or placed on the road side lay by on any such road, or in an enclosed land within 15 metres from the road. This is mainly to prevent interruption of any road users. This in turn implies that Sam had breached the local bylaw by operating a mobile fish and chip van near the roadside. In addition, this meant that Sam was guilt to the offence. This is according to the local government (miscellaneous provision) Act 1982 section 147 subsections 2 that anyone who contravenes the section is subject to a fine not exceeding $200. However, the law also provides under the same article subsection 3 that Sam may also be given an opportunity to prove that he took the necessary precaution when setting up his business by the roadside. This can help to ensure that Sam is to avoid the commission of the offense.

Moreover, considering, the above case it is also evidence that Sam needed first to register his mobile establishment with local authority. This is according to the extracts from the local government (miscellaneous provision) Act of 1982 section 10 which clearly stipulates that one needs first to register any street business. In relation to this, Sam therefore needed to consider the suitability of the site before engaging in any business activities. Parking safety and traffic management is another issue that Sam also needed to put into consideration while using his van to sell his food. The hours of operation are another important factor that Sam also needed to consider before setting up his business. This is to help to ensure that he does not interfere with the traffic during the rush hours.  In addition, Sam also needed to pay the application fee, which would have enabled him to acquire the trading license required; he required in order to operate his business.  The other possible interpretation of the statute is about the rules of parking. In relation to this, the law stipulates clearly that the police or the local authorities have the right to approach any person who is found to have parked his vehicle within the lay-by. This therefore implies that the police and the local authority had the right to question Sam since he often parked his van near the dual carriage. In relation to this, the police also have the right to order Sam to remove his business near the dual carriage. However, in the event that Sam refused to remove his business, then there is a possibility that a court order might be issued.

Part 2

Sam can use various alternative dispute resolution methods in order to solve his case outside the civil courts. In this case, he may use methods such as arbitration, layer supported mediation, conciliation, negation among other.

Arbitration

This refers to a method where the parties involved in the dispute normally refer to an external person who acts as an arbitrator (Bercovitch & Jackson, 2009, p.50). In this type of dispute resolution, both parties must agree to accept the decision of the arbitrator. After presentation of the case, the arbitrator is supposed to impose a decision in which both parties are expected to adhere to. The arbitrator must therefore review the evidence presented by both parties before issuing a judgment.

Advantages of arbitration

This method has several advantages when used as dispute resolution method. First, the method allows the disputed parties to select their arbitrator. This in turn helps to ensure that both parties are comfortable with the decision made by the arbitrator (Bercovitch, & Jackson, 2009, p.51). Second, the arbitration method is also faster than the court system.  In addition, it is also evident that the method is cheap compared to the court system.

Disadvantages of arbitration

The method also has some disadvantages.  First, it may be subject to pressure from various firms represented in the case. In this case, the method may be subject to pressure from the food retail company. This implies that Sam may not be able to get a fair judgment when using the method. Second, it is also evident that if the arbitration is arbitration is compulsory the one of the parties may decide to opt for the court system instead of the arbitration.

Lawyer supported mediation

In this type of dispute resolution, a third party is involved in the negotiation process.  In this case a third party such the lawyer may assist the two disputed parties to reach an agreement. In order to facilitate an effective dispute resolution, the third party is supposed to play a neutral role in the mediation process.

Advantages of lawyer supported mediation

This type of dispute resolution has several advantages compared to the ordinary court system. First, the method is cost effective (Hardy, & Rundle, 2010, p.147). This is because the method allows the case to be solved within the shortest possible time. Second using the method the confidentiality of the case can be achieved. This is because using the method one may be able to achieve high level of confidentiality as opposed to the court system, which are normally held in public set up. In addition, the mediation process allows both parties to have control over the mediation process.

Disadvantages of lawyer supported mediation

One of the major disadvantages of the lawyer-supported mediation is the fact that the mediator is supposed to be a neutral party in the mediation process and therefore cannot be able to advice.  This implies that with some issues one may be forced to seek the advice from an attorney (Hardy, & Rundle, 2010, p.147). In addition, the method may also be subject to an external pressure from the one of the powerful parties that is involved in the dispute.

Conciliation

The conciliation also serves as another method, which Sam may use in order to acquire justice. In this case, the person involved in the conciliation mainly helps the two the two disputed parties to build a positive relationship (Goh, 2007, p.107). In addition, the conciliator may also assist the two parties to establish an effective communication mechanism, clarify any issues that may arise and clear any strong unnecessary emotion. The conciliation method is different from the arbitration is the fact that the mediator meets the two parties separately. This in turn helps the mediator to understand the position of the two parties involved in the dispute.

Advantage of the conciliation

Using this method, it is evident that Sam can be able to benefit from various advantages associated with the method. Like other alternative dispute, resolution method Sam is likely to acquire justices in the shortest time possible. Another major advantage of the method is the fact that the method is also cheap compared to the court system. In addition, the method also allows both parties to take part in the negation process (Goh, 2007, p.107). This in turn helps to ensure that both parties are able to establish a positive relationship after the negotiation.

Disadvantages of the method 

One of the major disadvantages of the method is fact that the one of the party may dispute the integrity of the mediator. This may lead to one of the party involved in the dispute opting for court process.  Moreover, it may also not be possible to reach a conclusion using the method.

References

Barak, A., & Bashi, S. 2011. Purposive Interpretation in Law. Princeton: Princeton University Press

Bercovitch, J., & Jackson, R. 2009. Conflict resolution in the twenty-first century: Principles,  methods, and approaches. Ann Arbor: University of Michigan Press

Cross, F. B. 2009. The theory and practice of statutory interpretation. Stanford, Calif: Stanford Law Books.

Goh, G. M.2007. Dispute settlement in international space law: A multi-door courthouse for outer space. Leiden, the Netherlands: Marinus Nijhoff Pub.

Hardy, S., & Rundle, O. 2010. Mediation for lawyers. Sydney: CCH Australia.

• Statutory interpretation and Arbitration
• Part 1
• The statutory interpretation refers to the various ways in which the court interpret and different legislation. The interpretation of the statute is an important aspect in the application of various legislations under the English legal system. In most cases, it is the responsibility of the judge in legal court to interpret the statute (Cross, 2009, p.99). The ambiguity of the statute therefore requires the expertise of the judge. In order for the judges to interpret the various statures effectively, in most cases, they use various tools and methods such legislative history. The judges may use the golden rules in the interpretation of the statute. Using the golden rule to interpret the stature, the judge has the right to substitute a reasonable meaning in the light of the statute as whole. Moreover, the judge may also apply the mischief rule in the interpretation of the statute. In relation to this the judge needs first to consider what the law was before the statute was passed. The judge may also consider the various problems that the law was trying to rectify. In addition, with the use of the mischief rule the judge must also try to analyze and see what the parliament was trying to provide while it passed the statute.

  Read more ...

• The Modal Code That Curl Broke
• Monday
•             EC-1.2(a) Carl engages in ex parte communications with Jane and this is against the Modal code. Carl influences the advantage of Jane’s case in order to gain financial benefits.
•             EC-1.3(a) Carl fails to refrain in engaging in any conduct that offends the dignity of a paralegal profession when he requests to be entitled with the information of the uncontested divorce.
•             EC-1.3(b) Carl does not present his professional role of conduct when Jane and Zeke enter in to the office of the receptionist. Carl interferes with the communication between Jane and the receptionist while he is not supposed to do so as a profession. Carl allows Zeke to sit in a desk that is near the confidential files.

  Read more ...

• People of power: Law Supreme Court & Congress – Please review your lecture part V. people of power: Law, Supreme Court & Congress.
•             The article states that the legal system in America helps in making the society have their right addressed in the correct manner. According to the citizens of America, the legal system is like a bridge. This is because it helps the nature of the community to change in the right way. The article illustrates that the entire legal system in America was a product of the society after demanding it in for a long time. The Supreme Court poses as the highest court in America. According to the article, the US Constitution fails to explain various duties and powers that the Supreme Court upholds. The government of America created a constitution that initially did not indicate the necessary materials that could show how the authorities and operations of the entire judicial system were to operate.

  Read more ...

• Case Consult report: Mr. Tom rose
•             According to the case the accused who is Mr. Rose, there is a need to have the right justice-taking place. Mr. Rose depicts that the whole issue was plotted in order to tarnish his name in the society. On his view, everyone is against him and in favor his former girlfriend. He claims that although he takes some alcohol, he has never been able to lose his temper and result in committing such an act. On his view, the suspect indicates a lot of confusion during the case proceedings and claim that the judge is responsible for his conviction. The reason that Mr. Rose gives against the judge does not hold any ground.

  Read more ...

• Brief Cases
• #1 (a). Exactly what conduct by Dr. Krizek did the government charge violated the False Claim Act
•             The government charge violated the False Claim Act on the basis that it alleged Dr. Krizek performed unnecessary services according to the norms of medical profession. According to the False Claim Act, it states that a medical officer has no limitation in offering services to patients provided they were legal as contained in the law. The government ruled that Dr. Krizek had the obligation to reimburse the government in damages that he caused. The other reason that illustrates how the court violated the act is that it ordered Dr. Krizek to pay fines and other fees that rose because of the proceeding of the case.

  Read more ...