Friday, November 15, 2019

Should Plea Bargaining be Abolished? Essay -- Pros and Cons of Plea Ba

Being a citizen of the United States comes with advantages that no other country can match. We are granted rights and privileges just for being born within our borders. Others can also gain these rights by adopting our way of life and swearing to uphold its values. Being a citizen or not, we are expected to obey laws that the U.S. Government has put in place to maintain order and balance. When we don’t obey these laws the government has the right to punish us. Luckily for us, our Bill of Rights has even granted us rights until proven guilty. It gives us rights to a fair and speedy trial as well as the right to representation during trial. So many rights and procedures have come about since the birth of our nation. We are constantly making new rules to help uphold the old rules and deciding if the old rules still apply. One practice that has been used during trial has no mention in the Bill of Rights, but has been held as constitutional is plea-bargaining.   Ã‚  Ã‚  Ã‚  Ã‚  The plea bargain was a tool rarely used before the 19th century in prosecution. â€Å"In America, it can be traced almost to the very emergence of public prosecution, although not exclusive to the U.S., developed earlier and more broadly here than most places.† Plea-bargaining was limited because judges controlled most sentencing. Judges did not appreciate the workload relief until personal injury cases skyrocketed during the industrial era.   Ã‚  Ã‚  Ã‚  Ã‚  A plea bargain can be defined as, â€Å"a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead â€Å"guilty† or â€Å"no contest† to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes. The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled.†   Ã‚  Ã‚  Ã‚  Ã‚  One could wonder why plea bargains are even made. One reason would be that criminal courts are becoming clogged and overcrowded. Going through the proper procedure and processes that we are granted takes time. Trials can take anywhere from days to... ...caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in.† Bibliography ABA Division for Public Education: Steps in a Trial: Plea Bargaining. Sept. 25, 2004 http://www.abanet.org/publiced/courts/pleabargaining.html CNN.com - Ashcroft's new charging, plea bargaining, and sentencing Oct. 3, 2003 http://www.cnn.com/2003/LAW/10/03/findlaw.analysis.lazarus.ashcroft/ Defendants' Incentives for Accepting Plea Bargains. Sept. 25, 2004 http://www.nolo.com/lawcenter/ency/article. Ellis, Michael. â€Å"Message no. 5921.† Sept. 11, 2004 http://www.saintleodl.eduprise.com Plea Bargain. Sept. 25, 2004 http://dictionary.law.com/definition2. Plea Bargaining Sept. 29, 2002. http://www.truthinjustice.org/bargaining.htm Plea Bargaining: An Unconstitutional Delegation of Judicial Power. Sept. 25, 2004 http://www.lawmall.com/pleabarg/ Plea Bargaining Nov 24, 1992 http://www.bronxda.net/fcrime/plea.htm Plea Bargains: Why and When They're Made . Sept. 25, 2004 http://www.nolo.com/lawcenter/ency/article

Tuesday, November 12, 2019

Fons Trompenaars’ Four Types of Corporate Culture Essay

Guided Missile – a project-oriented approach; concerned with results. This group looks for practical solutions to shared challenges via multi-disciplinary teams. The U.K. and U.S. fit into this group. Familial – this is a power-oriented model in which a ‘family’ approach is taken. Power comes from high but is well known and there is a deep concern for all members. Japan and Belgium fit into this model. Eiffel Tower – a role-oriented group in which hierarchy is important; top-down management style. To manage change, the business would have to change rules and procedures. France and Germany score high in this model. Incubator – fulfillment-oriented group who see all members as ‘co-creators’. A relatively egalitarian structure in which individuals are given the freedom to improvise. Silicon Valley is a good example of where this has worked to great effect. Trompenaars and Hampden-Turner: Seven Cultural Dimensions 1. UNIVERSALISM versus PLURALISM â€Å"What is more important – rules or relationships?† The degree of importance a culture assigns to either the law or to personal relationships. In a universalistic culture, people share the belief that general rules, codes, values and standards take precedence over the needs and claims of friends and other relationships. In a pluralistic culture, people see culture in terms of human friendship and intimate relationships. While rules do exist in a pluralistic culture, they merely codify how people relate to one another. 2. INDIVIDUALISM versus COMMUNITARISNISM â€Å"Do we function as a group or as individuals?† The degree to which people see themselves function more as a community or more as individuals. In a principally individualistic culture, people place the individual before the community. This means that individual happiness, fulfillment and welfare prevails and people take their own initiative and take care of themselves. In a principally communitarian culture, people place the community before the individual. Thus, it is the responsibility of the individual to act in ways which serve society. In doing so, individual  needs are automatically attended. 3. SPECIFIC versus DIFFUSE â€Å"How far do we get involved?† The degree to which responsibility is specifically assigned or is diffusely accepted. In a specific culture, people first analyse the elements individually and then put them together, the whole is the sum of its parts. People’s lives are divided accordingly and, only a single component can be entered at a time. Interactions between people are very well-defined. Specific individuals concentrate on hard facts, standards and contracts. A diffusely oriented culture starts with the whole and sees individual elements from the perspective of the total. All elements are related to one another. Relationships between elements are more important than individual elements. 4. AFFECTIVITY versus NEUTRALITY â€Å"Do we display our emotions?† The degree to which individuals display their emotions. In an affective culture, people display their emotions and it is not deemed necessary to hide feelings. However, in a neut ral culture, people are taught not to display their feelings overtly. The degree to which feelings become manifested is therefore minimal. While emotions are felt, they are controlled. 5. INNER DIRECTED versus OUTER DIRECTED â€Å"Do we control our environment or work with it?† The degree to which individuals believe the environment can be controlled versus believing that the environment controls them. In an inner-directed culture, people have a mechanistic view of nature; nature is complex but can be controlled with the right expertise. People believe that humans can dominate nature, if they make the effort. In an outer-directed culture, people have an organic view of nature. Mankind is viewed as one of nature’s forces and should therefore live in harmony with the environment. People therefore adapt themselves to external circumstances. 6. ACHIEVED STATUS versus ASCRIBED STATUS â€Å"Do we have to prove ourselves to receive status or is it given to us?† The degree to which individuals must prove themselves to receive status versus status simply given to them. In a culture with achieved status, people derive their status from what they have accomplished. Achieved status must be proven time and time again and status will be given accordingly. In a culture with ascribed status, people derive their status from birth, age, gender or wealth. Here status is not based on achievement but it is accorded on the basis of the person’s being. 7. SEQUENTIAL TIME versus SYNCHRONIC TIME â€Å"Do we do things one at a time or several things at once?† The degree to which individuals do things one at a time versus several things at once. Cultures developed their own response to time. Time orientation has two aspects: the relative importance cultures assign to the past, present and future, and their approach to structuring time. In a sequential culture, people structure time sequentially and do things one at a time. In a synchronic time culture, people do several things at once, believing time is flexible and intangible. http://www.provenmodels.com/580/seven-dimensions-of-culture/charles-hampden-turner–fons-trompenaars/ Geert Hofstede’s Six Cultural Dimensions The research of Geert Hofstede has shown that cultural differences between nations are especially found on the deepest level; i.e. on the level of values. In comparison, cultural differences among organizations are especially identified on the level of practices. Practices are more tangible than values. Means Oriented vs Goal Oriented The means oriented versus goal-oriented dimension is, among the six dimensions, most closely connected with the effectiveness of the organization. In a means oriented culture the key feature is the way in which work has to be carried out; people identify with the â€Å"how†. In a goal oriented culture employees are primarily out to achieve specific internal goals or results, even if these involve substantial risks; people identify with the â€Å"what†. In a very means oriented culture people perceive themselves as avoiding risks and making only a limited effort in their jobs, while each workday is pretty much the same. In a very goal oriented culture, the employees are primarily out to achieve specific internal goals or results, even if these involve substantial risks. Local vs Professional In a local company employees identify with the boss and/or the unit in which one works. In a professional organization the identity of an employee is determined by his profession and/or the content of the job. In a very local culture employees are very short term directed, they are internally focused and there is strong social control to be like everybody else. In a very professional culture it is the reverse Internally Driven vs Externally Driven In a very internally driven culture employees perceive their task towards the outside world as totally given, based on the idea that business ethics and honesty matters most and that they know best what is good for the customer and the world at large. In a very externally driven culture the only emphasis is on meeting the customer’s requirements; results are most important and a pragmatic rather than an ethical attitude prevails. This dimension is distinguishable from means versus goal orientation because in this case it is not impersonal results that are at stake, but the satisfaction of the customer, client or commissioning party Open System vs Closed System This dimension relates to the accessibility of an organization. In a very open culture newcomers are made immediately welcome, one is open both to insiders and outsiders, and it is believed that almost anyone would fit in the organization. In a very closed organization it is the reverse Easy Going Work Discipline vs Strict Work Discipline This dimension refers to the amount of internal structuring, control and discipline. A very easy-going culture reveals loose internal structure, a lack of predictability, and little control and discipline; there is a lot of improvisation and surprises. A very strict work discipline reveals the reverse. People are very cost conscious, punctual and serious Employee Oriented vs Work Oriented This aspect of the culture is most related to the management philosophy per se. In very employee oriented organizations members of staff feel that personal problems are taken into account and that the organization takes responsibility for the welfare of its employees, even if this is at the expense of the work. In very work oriented organizations there is heavy pressure to perform the task even if this is at the expense of employees. http://geert-hofstede.com/index.php

Sunday, November 10, 2019

Lactose Intolerance

An inability to digest lactose and foods containing it is called lactose intolerance (milk intolerance, lactase deficiency or dairy product intolerance). Lactose is the main sugar of Milk and milk products. An enzyme called lactase is found in the interstitial cells of small intestine. Lactase acts on lactose to break down it into simpler forms, glucose and galactose. In simpler forms sugar is easily absorbed from the walls of intestine into the blood arteries. This disease is caused due to the abnormal functioning of digestive system. Due to the deficiency of the enzyme lactase, lactose remains indigestable and hence a person may suffer a discomfort after ingesting milk or dairy product, swelling in the stomach, mild to severe diarrhea, nausea, cramps, or gas problem and bloating. Symptoms may appear immediately or any time after 2 hrs of ingestion of milk or dairy products. Tolerance in a person depends on physiological factors In primary lactase deficiency lactase is produced in too small amount that the person is unaware of this deficiency till he reaches an older age. Secondary lactase deficiency results from injury to the small intestine done due to some other diseases like Crohn’s diseases and inflammatory bowel diseases. Primary lactase deficiency is found to be linked to genetic malfunctioning. Different tests are used by the doctor to identify this deficiency. For example, stool acidity test, hydrogen breath test and lactose tolerance test. There is no specific treatment for this disease. However, symptoms can be monitored and controlled by providing preventive diet. A specific diet lacking lactose is given to the patient in order to avoid occurrence of the symptoms. Using certain medicines and drops for the digestion of lactose helps a lot. The patient may start calcium supplements as an alternative for dairy products. References http://digestive.niddk.nih.gov/ddiseases/pubs/lactoseintolerance/ Â  

Friday, November 8, 2019

Satire in Great Gatsby (Chapter 5) Essays

Satire in Great Gatsby (Chapter 5) Essays Satire in Great Gatsby (Chapter 5) Paper Satire in Great Gatsby (Chapter 5) Paper In the novel, The Great Gatsby, F. Scott Fitzgerald satirizes how newly wealthy Americans acted during the 1920’s through Jay Gatsby. The 1920’s was nicknamed the ‘Roaring Twenties’, and during this time period, many people were much more wealthy and were only interested in big, extravagant things. Jay Gatsby is an example of this. He was born poor, gained his wealth, and now he throws big parties at his mansion to impress hundreds of people. In the beginning of Chapter 5, Nick arrives at West Egg to find Gatsby’s mansion lighting up the night sky. Nick said to Gatsby, â€Å"Your place looks like the World’s Fair† (81). The significance of Nicks statement shows how Gatsby tries to be â€Å"old money†, when really he is â€Å"new money†. Gatsby tries to show off his wealth by turning on every single light in his mansion, but he lacks the class of those who really are â€Å"old money†. This satirizes how wealthy people were during the 1920s; they were obnoxious and did not have the same class as those who were wealthy before that time period. Another example of this is when Fitzgerald tells the reader what Gatsby is wearing for when Daisy comes over Nick’s house. Fitzgerald wrote, â€Å"Gatsby, in a white flannel suit, silver shirt, and gold-colored tie, hurried in† (84). Daisy knows Gatsby as a poor man that she used to love, but couldn’t be with because her family didn’t approve. Gatsby still loves Daisy, and he dresses like this because he wants to impress her. Newly wealthy people during the 1920’s always wore expensive clothing. Gatsby dressing like this just satirizes those people, and shows he truly isn’t â€Å"old money†, no matter how hard he tries to be. Later in the chapter, Gatsby invited Daisy and Nick over to his house because he wants to show off his mansion to Daisy. Gatsby said, â€Å" I want you and Daisy to come over to my house† (89). Gatsby brought Daisy to his house, and even though she was impressed with what he has become, even Daisy realized that everything he owned is inelegant, and doesn’t have the same type of possessions that â€Å"old money† people have. This satirizes how people during the 1920’s tried to show off their flashy possessions, but they don’t truly have as much worth. Fitzgerald’s use of satire of newly wealthy people during the 1920’s are truly expressed through Gatsby’s actions and belongings.

Tuesday, November 5, 2019

5 Cases of Too Few or Too Many Hyphens

5 Cases of Too Few or Too Many Hyphens 5 Cases of Too Few or Too Many Hyphens 5 Cases of Too Few or Too Many Hyphens By Mark Nichol When it comes to hyphenation, prose often suffers from the Goldilocks effect: either too much or too little, but seldom just right. Here are some erroneously constructed elements along with repaired revisions that let them eat, sit, or sleep with contentment. 1. â€Å"Scientists have found that a second, as-yet smaller wave of mussel extinctions followed in the late twentieth century.† The key point is not a smaller wave that is as yet that makes no sense. The reference is to a wave that is as yet, or up to now, smaller; it’s an as-yet-smaller wave: â€Å"Scientists have found that a second, as-yet-smaller wave of mussel extinctions followed in the late twentieth century.† 2. â€Å"They criticized the arbitrary measures taken so far on the air-travel security front.† The front in question is not a security front pertaining to air travel; it is a front pertaining to air-travel security. For that reason, security should be linked to â€Å"air travel† to modify front as one unit: â€Å"They criticized the arbitrary measures taken so far on the air-travel-security front.† (The progression is â€Å"air travel† to â€Å"air-travel security† to â€Å" air-travel-security front.†) In order to avoid an adjective stack, a writer could, with slightly more formality, conversely relax the sentence to read, â€Å"They criticized the arbitrary measures taken so far in the area of air-travel security† (or â€Å". . . in the area of security during air travel†). 3. â€Å"We offer an industry leading cloud based property management solution.† This sentence seems to cry out for a handout of hyphens to link pairs of words (â€Å"industry-leading,† â€Å"cloud-based,† â€Å"property-management†). But that solution ignores the fact that with or without the requisite hyphens to link words to form hyphenated compounds, this sentence is an adjective-stacking train wreck. Let’s turn this loco locomotive around: â€Å"We offer a cloud-based solution for property management that leads the industry.† (It’s still empty-headed branding gobbledygook, but it’s relaxed empty-headed branding gobbledygook.) 4. â€Å"That’s enough to power about 90 percent of a 1,500-square foot home.† This sentence is not about the energy needs of a foot home that consists of 1,500 squares; it’s about the energy needs of a home that encompasses 1,500 square feet. Those three words pertaining to horizontal area should all be hyphenated to form a three-car train modifying home: â€Å"That’s enough to power about 90 percent of a 1,500-square-foot home.† 5. â€Å"They are turning a blind eye to what their low and middle ranking members do on the streets.† This writer evidently forgot what he or she had ever learned about suspensive hyphenation and simply omitted any hyphens. One more time: â€Å"low and middle rank members† is slight shorthand for â€Å"low-ranking members† and â€Å"middle-ranking members.† To signal that ranking applies to low as well as middle, low retains a hyphen in spite of the omission of the first iteration of ranking: â€Å"They are turning a blind eye to what their low- and middle-ranking members do on the streets.† (Because â€Å"low-[ranking members]† and â€Å"middle-ranking members† are separate items, â€Å"low-and-middle-ranking members† is wrong.) Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Punctuation category, check our popular posts, or choose a related post below:Punctuating â€Å"So† at the Beginning of a SentenceBest Websites to Learn English10 Tips About How to Write a Caption

Sunday, November 3, 2019

Research Project Essay Example | Topics and Well Written Essays - 3000 words

Research Project - Essay Example Data Analysis 10 IV. Research Design 2 10 A. Research Design 2 11 B. Setting, Participants, and Sampling 11 C. Problem Statement, Research Questions and Null Hypotheses 12 D. Variables/Issues 12 E. Data Collection 12 F. Data Analysis 13 References 13 I. Topic The research aims to determine the factors that contribute to the emergence of environmental problems within the U.S. – Mexico border that pose health hazards to the residents within these areas. From a review of related literature, it was revealed that problems that ensue from the area are enumerated as follows: â€Å"1) rapid urbanization and lack of adequate infrastructure, 2) air pollution from open burning, vehicle emissions, and industrial operations, 3) contamination of surface water and groundwater from open sewers and industrial waste, 4) overuse of aquifers and surface streams, 5) transportation and illegal dumping of hazardous waste, and 6) destruction of natural resources† (Western Sustainability and Po llution Prevention , 2011). As such, the current study aims to examine the repercussions of these environmental issues on the health condition of residents living within these areas and to identify recommendations that would address the dilemma. II. Literature Review A. U.S. ... Likewise, the study written by Warner and Jahnke (2003) revealed that in addition to the abovementioned factors, the passage of the North American Free Trade Agreement (NAFTA) in 1993 provided the impetus for facilitating significant socioeconomic, fiscal and political changes that reported to have spurred disparities and challenges in access to health and in regulating subsequent environmental consequences. Specific details and profile on the states and communities within this border were enumerated in Western Sustainability and Pollution Prevention (WSPP) (2011), to wit: â€Å"The border’s length is approximately 2,000 miles, and there are 14 metropolitan areas on both sides, with 4 states on the U.S. side and 6 states on the Mexican side. The states on the U.S. include Texas, New Mexico, Arizona and California. The states on the Mexican side include Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora and Baja California. There are nearly 14 million people that call this re gion home. Typically, the width of the U.S. Mexico border as defined by the La Paz Agreement is 100 kilometers (62.5 miles) into U.S. territory and 100 kilometers (62.5 miles) into Mexican territory† (Western Sustainability and Pollution Prevention , 2011, par. 2). B. Factors Influencing Health Conditions According to the Environmental Protection Agency (EPA) (2011), the health status and environmental living condition of people residing within the border is influenced by â€Å"trends in population, the economy, and industrial activity† (p. 5). With population projected to increase due to migration to urban and industrialized areas, the report disclosed that

Friday, November 1, 2019

International trade Essay Example | Topics and Well Written Essays - 2500 words - 2

International trade - Essay Example History of Globalization: An Overview Economic historians have better approaches regarding the concept of globalization. According to O’ Rourke and Williamson (1996: 499- 530), the world economic condition was well organized and exceptionally well integrated even by the standards of late 20th century. Next to it, world historians further elaborate that the phenomenon of globalization stretches back to quite a few centuries. According to a famous socialist and economic historian, Andre Gunder Frank (1998), â€Å"there was a single global world economy with a worldwide division of labor and multilateral trade from 1500 onward.† On the other hand, Jerry Bentley (1999: 5-9) argued that ‘single global economy’ even existed before 1500. ... concepts also match with the concept of Adam Smith who considered these two events as the most significant parts of recorded history that had strongly influenced the economy and society of the world (Tracy, 1990: 1- 13). However, the historian of modern period has diverse approach in this regard. For example, according to Menard (1991: 228- 75), the globalization boom appeared with transport revolution and before 1800; the overall world economy was badly integrated while Immanuwl Wallerstein considers that the European economy in sixteenth century brought forward the phenomenon of economic globalization that stood upon the mode of capitalist production (Wallerstein, 1974). He further believes that various countries like Russia, India, West Africa and the Ottoman Empire became the part of ‘one global economy’ somewhere between 1750 and 1850. This was the time period when trade among these countries carried out in bulk. However, whatever the time period of globalization in actual; there are abundant of evidences that support that 19th century held a very huge globalization bang where international trade expanded all over the world. From above mentioned detail, it can be easily observed that the basic aim behind all the process of globalization was just to develop business operations worldwide. This was also to facilitate the global communication which is a result of advancements in technology and technical knowledge. The objective behind the whole process is just to provide a superior competitive situation to an organization with lesser possible operating costs in order to produce greater number of goods and services as well as consumers. In order to gain this approach, resources are diversified, new investment prospects are developed by opening new markets and