MOVIE TO discuss One Flew Over the Nest For the.docx
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This document discusses the film One Flew Over the Cuckoo's Nest and how it relates to concepts in criminal justice. Students are assigned to watch the film and write a 700-word reflection analyzing how the film depicts important concepts and could change public understanding of crime. Responses must apply class materials, include analysis, and cite references. Classmates will also write 150-word response posts discussing others' analyses. One response discusses how the film shows the importance of proving guilt beyond a reasonable doubt, as the prosecution failed to convince all jurors. Another response notes the film explores beyond reasonable doubt, rights, lack of diversity in the courts, and prejudices that could impact a case.
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Chapter 21 - The Investigator and the Legal System1.docx
Chapter 21 - The Investigator and the Legal System
1
The decisions investigators must make involve a great deal of discretion.
Investigators must consider what may be termed risk factors.
2
Investigators must consider what may be termed risk factors.
Some police officers and criminal investigators are not fully aware of the order in
3
which a trial is conducted because time often prohibits them from attending a
complete trail from beginning to end. Also, witnesses are often sequestered from
the courtroom before and after giving testimony. This very common practice is used
to minimize the possibility that a witness’s testimony might be affected by other
witnesses’ testimony.
The courtroom process begins with the selection and swearing in of a jury. Jury
selection can last a few hours or a few weeks, depending on the selection process
and the nature of the case. The jury panel from whom the jurors in the trial will
eventually be picked is called a venire.
The steps in the trial process include: direct examination, cross-examination,
redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing
arguments.
Evidence can be defined as anything that tends logically to prove or disprove
a fact at issue in a judicial case or controversy.
4
a fact at issue in a judicial case or controversy.
The rules of evidence are designed primarily to keep a jury from hearing or
seeing improper evidence, and the first rule of evidence is designed to set
parameters on the above definition of evidence.
Proof may be defined as the combination of all those facts—of all the evidence—in
5
determining the guilt or innocence of a person accused of a crime.
The pie chart above illustrates how several different pieces of evidence can
be put together in order to constitute proof of guilt.
6
be put together in order to constitute proof of guilt.
The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed
7
to speed up the trial and eliminate the necessity of formally proving the truth of a
particular matter when the truth is not in dispute.
Direct Evidence
8
Direct evidence usually is the testimony of witnesses that ties the defendant
directly to the commission of the crime, such as the testimony of an
eyewitness who can positively state that the defendant committed the crime.
Real Evidence
Sometimes referred to as “physical evidence,” real evidence is connected
with the commission of the crime and can be produced in court.
Demonstrative Evidence
Demonstrative, or illustrative, evidence is not identical to real evidence even
though the items introduced are tangible. It consists of maps, diagrams,
sketches, photographs, tape recordings, videotapes, X-rays, and visual tests
and demonstrations produced to assist witnesses in explaining their
testimony.
Circumstantial Evidence
9
It is a myth that one cannot be convicted of a crime solely o.
TWO TRACK CASE DEVELOPMENT. THEME DEVELOPMENT
This article addresses the starting point for the 2nd track – presentation.The starting point is the development of a case theme. Why do you need a case theme?
A STUDY OF THE IMPORTANCE OF AUTHENTICITY OF SET DESIGN IN NARRATIVE FILMS AN...
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1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
Recommended
Chapter 21 - The Investigator and the Legal System1.docx
Chapter 21 - The Investigator and the Legal System
1
The decisions investigators must make involve a great deal of discretion.
Investigators must consider what may be termed risk factors.
2
Investigators must consider what may be termed risk factors.
Some police officers and criminal investigators are not fully aware of the order in
3
which a trial is conducted because time often prohibits them from attending a
complete trail from beginning to end. Also, witnesses are often sequestered from
the courtroom before and after giving testimony. This very common practice is used
to minimize the possibility that a witness’s testimony might be affected by other
witnesses’ testimony.
The courtroom process begins with the selection and swearing in of a jury. Jury
selection can last a few hours or a few weeks, depending on the selection process
and the nature of the case. The jury panel from whom the jurors in the trial will
eventually be picked is called a venire.
The steps in the trial process include: direct examination, cross-examination,
redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing
arguments.
Evidence can be defined as anything that tends logically to prove or disprove
a fact at issue in a judicial case or controversy.
4
a fact at issue in a judicial case or controversy.
The rules of evidence are designed primarily to keep a jury from hearing or
seeing improper evidence, and the first rule of evidence is designed to set
parameters on the above definition of evidence.
Proof may be defined as the combination of all those facts—of all the evidence—in
5
determining the guilt or innocence of a person accused of a crime.
The pie chart above illustrates how several different pieces of evidence can
be put together in order to constitute proof of guilt.
6
be put together in order to constitute proof of guilt.
The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed
7
to speed up the trial and eliminate the necessity of formally proving the truth of a
particular matter when the truth is not in dispute.
Direct Evidence
8
Direct evidence usually is the testimony of witnesses that ties the defendant
directly to the commission of the crime, such as the testimony of an
eyewitness who can positively state that the defendant committed the crime.
Real Evidence
Sometimes referred to as “physical evidence,” real evidence is connected
with the commission of the crime and can be produced in court.
Demonstrative Evidence
Demonstrative, or illustrative, evidence is not identical to real evidence even
though the items introduced are tangible. It consists of maps, diagrams,
sketches, photographs, tape recordings, videotapes, X-rays, and visual tests
and demonstrations produced to assist witnesses in explaining their
testimony.
Circumstantial Evidence
9
It is a myth that one cannot be convicted of a crime solely o.
TWO TRACK CASE DEVELOPMENT. THEME DEVELOPMENT
This article addresses the starting point for the 2nd track – presentation.The starting point is the development of a case theme. Why do you need a case theme?
A STUDY OF THE IMPORTANCE OF AUTHENTICITY OF SET DESIGN IN NARRATIVE FILMS AN...
Essay Writing Service
http://StudyHub.vip/A-STUDY-OF-THE-IMPORTANCE-OF-AUTHENTICI 👈
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
The first part of the final exam itself is an exercise in th.pdf
The first part of the final exam itself is an exercise in the art of active listening, observation,
persuasion, empathy, and self-awareness as you absorb the film Twelve Angry Men. This intense
film is set in a hot, sticky jury room during the dog days of August 1957 located in the Criminal
Courthouse at 100 Center Street, New York City where 12 men are deliberating the fate of a
young man accused of murdering his father.
The film digs beneath the surface of the individual jurors and does a great job of demonstrating
how important it is to remember that facts are facts. No amount of emotion or wishful thinking can
change the nature of a fact. People can interpret facts differently, but that interpretation may not
be supported by the facts. The job of a jury is to determine whether or not the facts presented are
accurate enough to be able to come to a decision on the issue the jury is deliberating. The judge
applies the law. The film also is a portrait of how human frailties and bias can participate in a
decision-making process.
Each of the 12 different juror characters possesses unique peculiarities and biases. If you think
this movie is not relevant to negotiation you would be wrongthis is the ultimate
negotiation...negotiating over whether to strip someone of their liberty and possibly their life. First
and foremost, before a jury can agree on a decision, they must all agree on the facts...that is their
only job.
If possible, watch the film and then step away. Have something to eat or go for a walk or just
change the environment from that of where you watched the film so you can think about what you
just watched and let it sink in. Think about preparing an outline of the interactions you choose to
focus on. It will keep you organized while you write.
B: Compose an analysis of the movie using the information that you have learned in this course
and your own personal life experience. Remember, I am most interested in how you plan to
integrate some of the basic types of negotiation that were presented during the course. What I
mean by that is how you use the correct terminology in context when explaining an
observed interaction and then applying the appropriate concept to that interaction that
supports your reasoning.
Examples:
Was the interaction between the jurors distributive or integrative in nature? Why? Or was it
a combination of those types of negotiation or some other approach? Provide an example to
illustrate your reasoning. Use your course materials for reference.
Second Part (10 Points)
The following questions are designed to be a self-analysis of sorts. It is very important that
negotiators are completely honest with themselves. Through personal knowledge, negotiators
have learned what environments either support or detract from their performance and prepare
based on that. Example: Are you the type of person that will stick with a decision that you believe
is proper in the face of stiff opposition or be too prideful not to admit an.
Case Study 10.1 Introduction to the Case Study Introduction to.docx
Case Study / 10.1 Introduction to the Case Study
Introduction to the Case Study
This last chapter is different from the others. Instead of introducing a new area of critical thinking, it is a capstone activity in which you will apply the skills you've learned to one contemporary, controversial issue.
The topic for this case study is global climate change. Because it is beyond the scope of this course to thoroughly evaluate a complex scientific topic, you will not be expected to form a position or offer your opinion on this topic. Rather, the material in this chapter is presented for you to practice evaluating arguments, identifying fallacies, and questioning sources—with the hope that you will continue to apply these skills whenever you encounter material aimed to persuade.
This chapter won't present any new exposition. Instead, we provide some relevant review notes that have been excerpted from the earlier chapters. You can consult these notes if you need a refresher as you work through the final videos, articles, and questions in the course.
REVIEW NOTES
Arguments
To say that something is true is to make a claim. But to give reasons to believe that it is true is to make an argument. Thus all arguments consist of at least two parts:
1. premise – one or more reasons to support the claim
2. conclusion – the claim being supported
Common Fallacies
Fallacy:a type of flawed reasoning
1. Begging the question: fallacy where the argument relies on a premise that resembles the conclusion, depends on the conclusion, or is as controversial as the conclusion.
2. Appeal to popularity: fallacy where the arguer attempts to bolster his or her argument by mentioning that "everybody" (or a large group of people) shares the same belief, preference, or habit.
3. Post hoc ergo propter hoc: fallacy where the arguer assumes that because there is a correlation between two events (i.e., one preceded the other), then the first must have caused the second. The phrase is Latin for "after this, therefore because of this."
4. Appeal to ignorance: fallacy where the arguer claims that because something cannot be proven false, it must be true unless the opponent can disprove the conclusion.
5. Appeal to emotion: fallacy where the arguer tries to persuade the audience by arousing feelings such as pity, fear, patriotism, flattery, etc. in lieu of presenting rational arguments.
6. Unqualified authority: fallacy where the arguer tries to get people to agree by appealing to the reputation of someone who is not an expert in the field or otherwise qualified to prove that something is true.
7. Ad hominem: fallacy where the arguer attacks his or her opponent's personal characteristics, qualifications, or circumstances instead of the argument presented. The phrase is Latin for "to the man."
8. False dichotomy: fallacy where the arguer inaccurately portrays a circumstance as having a limited number of possible outcomes, thus setting up an either-or situation with the intent of prese ...
Introduction to Criminal Justice Spring 20161.Name and dis.docx
Introduction to Criminal Justice
Spring 2016
1.
Name and discuss
2
court
cases
that addressed and
defined
a defendant’s
right to an attorney.
(5 Points)
2.
As a tour guide for the justice building, you take the tour group to Court Room A.
As you progress through the tour, you
explain the courtroom actors and their function in the courtroom
.
(Include in your answer a
discussion of the courtroom workgroup and the role
each plays in the courtroom and in the process).
·
Name Explain function of
the three main courtroom actors
·
Discuss the concept of discretion for each major courtroom actor (judge, prosecutor, defense attorneys)
·
For each major courtroom actor, discuss the types of discretion each has and provide examples on how each can exercise discretion.
You are up for a promotion to Head Tour Guide, give your best tour.
(15 Points)
As a defense attorney you need explain the pretrial process to your client, Kasey Jones.
Kasey has an education level equivalent to the 8
th
grade.
How would you
explain each major
PRETRIAL stage
, and
what happens at each stage
? (be specific and include a discussion of Kasey’s Rights during this stage) (10 Points)
4. Defense Attorneys (Use Course Material/”Gideon’s Army Video) (10 Points)
a. Using examples from the film and from the
textbook discuss two unique challenges public
defenders face.
b. After viewing the documentary about public defenders, and discussing issues with court overload and processes, what specific recommendations (at least 2) would you make to
increase the effectiveness of the public defender system
?
State Recommendation and Explain how/why will increase effectiveness.
5.
Using real world examples (real cases)
- identify four main goals of punishment and how each sentence is reflective of the goal.
(8 Points)
For example, Jean Jones was
required to write an obituary for her infant daughter
as punishment for not keeping her child in a car seat on repeated occasions.
This is example of
specific deterrence
, the goal of the punishment is directed
only towards her and is designed to prevent her from reoffending
.
6.
Considering that over 90% of cases are plea-bargained,
would you argue the system is adversarial
?
Explain and Support (4 Points)
7.
After reading about and reviewing the advantages and disadvantages of plea-bargaining,
discuss and explain 2 reasons to support and 2 reasons to oppose plea-bargaining.
(8 points)
...
First Part A The first part of the final exam itself is .pdf
First Part
A: The first part of the final exam itself is an exercise in the art of active listening, observation,
persuasion, empathy, and self-awareness as you absorb the film Twelve Angry Men. This intense
film is set in a hot, sticky jury room during the dog days of August 1957 located in the Criminal
Courthouse at 100 Center Street, New York City where 12 men are deliberating the fate of a
young man accused of murdering his father.
The film digs beneath the surface of the individual jurors and does a great job of demonstrating
how important it is to remember that facts are facts. No amount of emotion or wishful thinking can
change the nature of a fact. People can interpret facts differently, but that interpretation may not
be supported by the facts. The job of a jury is to determine whether or not the facts presented are
accurate enough to be able to come to a decision on the issue the jury is deliberating. The judge
applies the law. The film also is a portrait of how human frailties and bias can participate in a
decision-making process.
Each of the 12 different juror characters possesses unique peculiarities and biases. If you think
this movie is not relevant to negotiation you would be wrongthis is the ultimate
negotiation...negotiating over whether to strip someone of their liberty and possibly their life. First
and foremost, before a jury can agree on a decision, they must all agree on the facts...that is their
only job.
If possible, watch the film and then step away. Have something to eat or go for a walk or just
change the environment from that of where you watched the film so you can think about what you
just watched and let it sink in. Think about preparing an outline of the interactions you choose to
focus on. It will keep you organized while you write.
B: Compose an analysis of the movie using the information that you have learned in this course
and your own personal life experience. Remember, I am most interested in how you plan to
integrate some of the basic types of negotiation that were presented during the course. What I
mean by that is how you use the correct terminology in context when explaining an
observed interaction and then applying the appropriate concept to that interaction that
supports your reasoning.
Examples:
Was the interaction between the jurors distributive or integrative in nature? Why? Or was it
a combination of those types of negotiation or some other approach? Provide an example to
illustrate your reasoning. Use your course materials for reference.
Second Part
The following questions are designed to be a self-analysis of sorts. It is very important that
negotiators are completely honest with themselves. Through personal knowledge, negotiators
have learned what environments either support or detract from their performance and prepare
based on that. Example: Are you the type of person that will stick with a decision that you believe
is proper in the face of stiff opposition or be too prideful not to admit .
Writing a Documentary Treatment
Class lecture introducing basic Documentary Film concepts and setting up information to prepare students to write a simple treatment. Most information from Bill Nichols and Anthony Friedmann
Jordan Best's Media Criticism Paper
A lengthy thesis paper discovering the hidden themes behind films. Here I use the cluster criticism methodology on the film "Sunshine" to argue that the filmmakers unknowingly and unconsciously added their own personal beliefs to the film through imagery.
How To Write A Good College Application Essay The K
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Tattoo Essay Topics. Online assignment writing service.
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Answer these questions in a paragraph or more. Use teh prompts below
Answer these questions in a paragraph or more. Use teh prompts below for assistance.
1)
Describe how the Daubert Standard differs from the Frye Standard.
The
Frye Standard
involves the general acceptance of a theory or technique within the field of science. Basically, if it’s good enough for the scientific community, it’s good enough to be presented in court. This is still the standard in many states.
The
Daubert Standard
has been accepted at the federal level and is the standard in several states. The
Daubert Standard
uses the
Frye Standard
as one of its prongs of its reliability component (in addition to whether the theory can be tested, whether the error rate is acceptable, and whether the theory has faced peer review). In addition to reliability, the court must decide whether the testimony is relevant to the case and whether its probative value outweighs the potential prejudice it will produce.
Although several answers discussed that
Daubert
was an “improvement” over
Frye
, it really just added more requirements without increasing the scientific rigor. Some of these requirements are redundant. For example, if a theory is
generally accepted
within a
scientific discipline
, it’s going to be (a) peer reviewed and (b) testable. The requirement of “an acceptable error rate” sounds nice, but because no one has ever defined what constitutes an acceptable error rate, it’s kind of meaningless. The biggest actual difference involves the “relevance” and “legal sufficiency” components. These are both determined by the court. Thus, even if the science is sound, the court can prevent the testimony if the court wants to. In practice, this can be very subjective. In fact, in cases like
Daubert
, the court often prevents scientific testimony about increased vulnerability or rates of exposure because it views the relationship between the cause and effect as tenuous. For instance, I’ve read cases where an epidiomological analysis of the effect of a particular chemical on a particular health issue was judged to be too prejudicial (e.g., “You say that Chemical X causes cancer, but people who have no exposure to Chemical X get cancer, so how do you know that this particular chemical caused this particular case of cancer? Maybe the plaintiff would have gotten cancer anyway.”). So, the biggest difference between the two standards is that a lot of the deference to science has been decreased in favor of the discretion of the judge.
Now, I don’t expect you to know or state all of these things, but I do expect you to do more than copy and paste information from the PowerPoint slides. You should give some analysis.
2)
What are some advantages that Science has over other ways of knowing?
The main difference between science and other ways of knowing is that it involves a falsifiable test. In fact, several elements of science can appear in logical deduction; that’s why hypotheses have to be logical and based on previous observation. To some e ...
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The first part of the final exam itself is an exercise in th.pdf
The first part of the final exam itself is an exercise in the art of active listening, observation,
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film is set in a hot, sticky jury room during the dog days of August 1957 located in the Criminal
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The film digs beneath the surface of the individual jurors and does a great job of demonstrating
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be supported by the facts. The job of a jury is to determine whether or not the facts presented are
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applies the law. The film also is a portrait of how human frailties and bias can participate in a
decision-making process.
Each of the 12 different juror characters possesses unique peculiarities and biases. If you think
this movie is not relevant to negotiation you would be wrongthis is the ultimate
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only job.
If possible, watch the film and then step away. Have something to eat or go for a walk or just
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Was the interaction between the jurors distributive or integrative in nature? Why? Or was it
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The following questions are designed to be a self-analysis of sorts. It is very important that
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Case Study 10.1 Introduction to the Case Study Introduction to.docx
Case Study / 10.1 Introduction to the Case Study
Introduction to the Case Study
This last chapter is different from the others. Instead of introducing a new area of critical thinking, it is a capstone activity in which you will apply the skills you've learned to one contemporary, controversial issue.
The topic for this case study is global climate change. Because it is beyond the scope of this course to thoroughly evaluate a complex scientific topic, you will not be expected to form a position or offer your opinion on this topic. Rather, the material in this chapter is presented for you to practice evaluating arguments, identifying fallacies, and questioning sources—with the hope that you will continue to apply these skills whenever you encounter material aimed to persuade.
This chapter won't present any new exposition. Instead, we provide some relevant review notes that have been excerpted from the earlier chapters. You can consult these notes if you need a refresher as you work through the final videos, articles, and questions in the course.
REVIEW NOTES
Arguments
To say that something is true is to make a claim. But to give reasons to believe that it is true is to make an argument. Thus all arguments consist of at least two parts:
1. premise – one or more reasons to support the claim
2. conclusion – the claim being supported
Common Fallacies
Fallacy:a type of flawed reasoning
1. Begging the question: fallacy where the argument relies on a premise that resembles the conclusion, depends on the conclusion, or is as controversial as the conclusion.
2. Appeal to popularity: fallacy where the arguer attempts to bolster his or her argument by mentioning that "everybody" (or a large group of people) shares the same belief, preference, or habit.
3. Post hoc ergo propter hoc: fallacy where the arguer assumes that because there is a correlation between two events (i.e., one preceded the other), then the first must have caused the second. The phrase is Latin for "after this, therefore because of this."
4. Appeal to ignorance: fallacy where the arguer claims that because something cannot be proven false, it must be true unless the opponent can disprove the conclusion.
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7. Ad hominem: fallacy where the arguer attacks his or her opponent's personal characteristics, qualifications, or circumstances instead of the argument presented. The phrase is Latin for "to the man."
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Introduction to Criminal Justice Spring 20161.Name and dis.docx
Introduction to Criminal Justice
Spring 2016
1.
Name and discuss
2
court
cases
that addressed and
defined
a defendant’s
right to an attorney.
(5 Points)
2.
As a tour guide for the justice building, you take the tour group to Court Room A.
As you progress through the tour, you
explain the courtroom actors and their function in the courtroom
.
(Include in your answer a
discussion of the courtroom workgroup and the role
each plays in the courtroom and in the process).
·
Name Explain function of
the three main courtroom actors
·
Discuss the concept of discretion for each major courtroom actor (judge, prosecutor, defense attorneys)
·
For each major courtroom actor, discuss the types of discretion each has and provide examples on how each can exercise discretion.
You are up for a promotion to Head Tour Guide, give your best tour.
(15 Points)
As a defense attorney you need explain the pretrial process to your client, Kasey Jones.
Kasey has an education level equivalent to the 8
th
grade.
How would you
explain each major
PRETRIAL stage
, and
what happens at each stage
? (be specific and include a discussion of Kasey’s Rights during this stage) (10 Points)
4. Defense Attorneys (Use Course Material/”Gideon’s Army Video) (10 Points)
a. Using examples from the film and from the
textbook discuss two unique challenges public
defenders face.
b. After viewing the documentary about public defenders, and discussing issues with court overload and processes, what specific recommendations (at least 2) would you make to
increase the effectiveness of the public defender system
?
State Recommendation and Explain how/why will increase effectiveness.
5.
Using real world examples (real cases)
- identify four main goals of punishment and how each sentence is reflective of the goal.
(8 Points)
For example, Jean Jones was
required to write an obituary for her infant daughter
as punishment for not keeping her child in a car seat on repeated occasions.
This is example of
specific deterrence
, the goal of the punishment is directed
only towards her and is designed to prevent her from reoffending
.
6.
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?
Explain and Support (4 Points)
7.
After reading about and reviewing the advantages and disadvantages of plea-bargaining,
discuss and explain 2 reasons to support and 2 reasons to oppose plea-bargaining.
(8 points)
...
First Part A The first part of the final exam itself is .pdf
First Part
A: The first part of the final exam itself is an exercise in the art of active listening, observation,
persuasion, empathy, and self-awareness as you absorb the film Twelve Angry Men. This intense
film is set in a hot, sticky jury room during the dog days of August 1957 located in the Criminal
Courthouse at 100 Center Street, New York City where 12 men are deliberating the fate of a
young man accused of murdering his father.
The film digs beneath the surface of the individual jurors and does a great job of demonstrating
how important it is to remember that facts are facts. No amount of emotion or wishful thinking can
change the nature of a fact. People can interpret facts differently, but that interpretation may not
be supported by the facts. The job of a jury is to determine whether or not the facts presented are
accurate enough to be able to come to a decision on the issue the jury is deliberating. The judge
applies the law. The film also is a portrait of how human frailties and bias can participate in a
decision-making process.
Each of the 12 different juror characters possesses unique peculiarities and biases. If you think
this movie is not relevant to negotiation you would be wrongthis is the ultimate
negotiation...negotiating over whether to strip someone of their liberty and possibly their life. First
and foremost, before a jury can agree on a decision, they must all agree on the facts...that is their
only job.
If possible, watch the film and then step away. Have something to eat or go for a walk or just
change the environment from that of where you watched the film so you can think about what you
just watched and let it sink in. Think about preparing an outline of the interactions you choose to
focus on. It will keep you organized while you write.
B: Compose an analysis of the movie using the information that you have learned in this course
and your own personal life experience. Remember, I am most interested in how you plan to
integrate some of the basic types of negotiation that were presented during the course. What I
mean by that is how you use the correct terminology in context when explaining an
observed interaction and then applying the appropriate concept to that interaction that
supports your reasoning.
Examples:
Was the interaction between the jurors distributive or integrative in nature? Why? Or was it
a combination of those types of negotiation or some other approach? Provide an example to
illustrate your reasoning. Use your course materials for reference.
Second Part
The following questions are designed to be a self-analysis of sorts. It is very important that
negotiators are completely honest with themselves. Through personal knowledge, negotiators
have learned what environments either support or detract from their performance and prepare
based on that. Example: Are you the type of person that will stick with a decision that you believe
is proper in the face of stiff opposition or be too prideful not to admit .
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How To Write A Good College Application Essay The K
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Tattoo Essay Topics. Online assignment writing service.
Assignment Writing Service
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Answer these questions in a paragraph or more. Use teh prompts below
Answer these questions in a paragraph or more. Use teh prompts below for assistance.
1)
Describe how the Daubert Standard differs from the Frye Standard.
The
Frye Standard
involves the general acceptance of a theory or technique within the field of science. Basically, if it’s good enough for the scientific community, it’s good enough to be presented in court. This is still the standard in many states.
The
Daubert Standard
has been accepted at the federal level and is the standard in several states. The
Daubert Standard
uses the
Frye Standard
as one of its prongs of its reliability component (in addition to whether the theory can be tested, whether the error rate is acceptable, and whether the theory has faced peer review). In addition to reliability, the court must decide whether the testimony is relevant to the case and whether its probative value outweighs the potential prejudice it will produce.
Although several answers discussed that
Daubert
was an “improvement” over
Frye
, it really just added more requirements without increasing the scientific rigor. Some of these requirements are redundant. For example, if a theory is
generally accepted
within a
scientific discipline
, it’s going to be (a) peer reviewed and (b) testable. The requirement of “an acceptable error rate” sounds nice, but because no one has ever defined what constitutes an acceptable error rate, it’s kind of meaningless. The biggest actual difference involves the “relevance” and “legal sufficiency” components. These are both determined by the court. Thus, even if the science is sound, the court can prevent the testimony if the court wants to. In practice, this can be very subjective. In fact, in cases like
Daubert
, the court often prevents scientific testimony about increased vulnerability or rates of exposure because it views the relationship between the cause and effect as tenuous. For instance, I’ve read cases where an epidiomological analysis of the effect of a particular chemical on a particular health issue was judged to be too prejudicial (e.g., “You say that Chemical X causes cancer, but people who have no exposure to Chemical X get cancer, so how do you know that this particular chemical caused this particular case of cancer? Maybe the plaintiff would have gotten cancer anyway.”). So, the biggest difference between the two standards is that a lot of the deference to science has been decreased in favor of the discretion of the judge.
Now, I don’t expect you to know or state all of these things, but I do expect you to do more than copy and paste information from the PowerPoint slides. You should give some analysis.
2)
What are some advantages that Science has over other ways of knowing?
The main difference between science and other ways of knowing is that it involves a falsifiable test. In fact, several elements of science can appear in logical deduction; that’s why hypotheses have to be logical and based on previous observation. To some e ...
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