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Often times Justice can have a particular perspective on how the Constitution should be interpreted, and two highly qualified jurists can come to opposite conclusion on exactly the same case. Most 5-4 cases are good examples of this. What factor or perspective best describes how we can have this diametrically opposed position of top scholars and jurists? Taking the Roper v Simmons 543 US 551 (2005) case the Rehnquist Court produced some spirited but opposite conclusions by justices. It was a 5-4 Court, with Kennedy writing for the majority. Choose one of the Dissenting Justices and compare the reasoning or perspective between these two giant legal minds. Can you offer an explanation that would reconcile the divergent opinions? Are they really on opposite sides of the issue? Or are they simply following a particular process to determine their vote? PLEASE EXPLAIN WHETHER YOU AGREE WITH MY CLASSMATE RESPONSE TO THE ABOVE QUESTION AND WHY? (A MININUM OF 125 WORDS) CLASSMATE’S POST In the Roper v Simmons case of 2005, Chief justice Anthony Kennedy gave the deciding vote to stay the execution of Christopher Simmons because of the Eighth Amendment cruel and unusual punishment clause. Because the offender was a minor at the time of his crime, the majority voted to overturn the death penalty sentence in favor of life in prison without the possibility of parole. Kennedy decided to promote the people’s opinion that a minor should not face execution even after committing a capital crime. He argued that a 17-year-old is not mature and behavioral patterns at that age can be persuaded or programmed to do things that his/her matured mind would not do. A dissenting judge, Chief Justice Scalia believed there were conditions and cases where a minor should be held accountable for his/her actions. He argued the Eighth Amendment cruel and unusual punishment clause should not protect minors in cases of extreme and calculated behavior. Because Simmons planned the attack on his victim and later bragged to others about the murder, Scalia believed immaturity was not the case, and capital punishment would fit the crime committed. ...

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In the Roper v Simmons case of 2005, Chief justice Anthony
Kennedy gave the deciding vote to stay the execution of
Christopher Simmons because of the Eighth Amendment cruel
and unusual punishment clause. Because the offender was a
minor at the time of his crime, the majority voted to overturn
the death penalty sentence in favor of life in prison without the
possibility of parole. Kennedy decided to promote the people’s
opinion that a minor should not face execution even after
committing a capital crime. He argued that a 17-year-old is not
mature and behavioral patterns at that age can be persuaded or
programmed to do things that his/her matured mind would not
do.
A dissenting judge, Chief Justice Scalia believed there were
conditions and cases where a minor should be held accountable
for his/her actions. He argued the Eighth Amendment cruel and
unusual punishment clause should not protect minors in cases of
extreme and calculated behavior. Because Simmons planned the
attack on his victim and later bragged to others about the
murder, Scalia believed immaturity was not the case, and capital
punishment would fit the crime committed.

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291 CHAPTER 9 Chapter Outline Introduction Double Jeopardy Self-Incrimination and Immunity Due Process and Equal Protection Vagueness and Overbreadth Analyzing Constitutional Claims Ex Post Facto and Bills of Attainder First Amendment and Religion First Amendment and Speech Privacy and Other Unenumerated Rights Privileges and Immunities Ethical Considerations: Are Federal Prosecutors Subject to State Ethics Rules? Chapter Objectives After completing this chapter, you should be able to: • identify and describe specific rights discussed in the chapter, such as freedom from double jeopardy, to speak, to practice one’s religion, from the establishment of a religion by the government, to privacy, to be treated equally, and to substantive and procedural due process. • identify and explain the landmark Supreme Court cases featured in the chapter. • apply the basic principles learned in the chapter to fact scenarios. • identify the material facts and legal issues in two-thirds of the cases you read, and describe the court’s analyses and conclusions in these cases. ConsTiTuTionAl DEfEnsEs 9781305686120, Criminal Law and Procedure, Seventh Edition, Hall - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. F O S T E R , C E D R I C 1 6 9 2 T S 292 Part i Criminal Law IntroductIon By its nature, a constitutional right is also a constitutional defense. After all, a right is something that may be asserted by person without suffering reprisal from the government. Inherently, a right stands as a limit on government. So, when a government inter- feres with speech, one defense may be the protection of speech itself. A variety of defenses arise from rights secured by the U.S. Constitution. Most of these rights are found in the first nine, as well as the Thirteenth, Fourteenth, and Fifteenth Amendments. You have already learned a few of these, such as the First Amendment’s protection of expression. In addition, many rights that are procedural, such as the right to a speedy trial, are discussed later. A few critical defenses have been chosen for discussion in this chapter. The big dogs of criminal procedure, the Fourth, Fifth, and Sixth Amendments, are not examined in this chapter because they receive considerable attention in the chapters that follow. Be aware that each state has its own constitution, which may provide greater protection than the U.S. Constitution. During this discussion you may want to refer to the U.S. Constitution, which is reprinted as Appendix A of this text. double Jeopardy The Fifth Amendment to the U.S. Constitution provides that “no person shall be subject for the same offense to be twice put in jeopardy of life or limb.” The principle of not punishing someone twice for the same act can be found as far back as Black- stone’s Commentaries in the 1700s.1 The Double Jeopardy Clause applies only to criminal proceedings. There are actual.

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Discussion Board Questions 1. Should a defendant be allowed to plead guilty without fully admitting guilt? Would you limit Alford pleas to situations in which the defendant wishes to avoid the death penalty? Would you allow white-collar defendants to enter Alford pleas? Some federal judges will not, because they perceive that high-ranking corporate officials want to end the criminal cases without accepting full responsibility for their actions. 2. In the wake of the O.J. Simpson verdict of not guilty, many commentators spoke about the collapse of the jury system. Were these sentiments driven by the one verdict, or were there other reasons? Classmate Response 1. I firmly believe a defendant should not be allowed to plead guilty without fully admitting guilt. Pleading "no contest" or the Alford plea defeats the purpose of the criminal justice system, the accused must know and understand why they are being punished and accept the consequences of their guilty actions. Utilizing the Alford plea in capitol felony cases where the possibility of the death penalty is present should not be allowed, for a defendant believing they are innocent should not have to accept any plea deal. If one is to believe in our criminal justice system the truth will either condemn them or set them free. The comments made in the wake of the O.J. Simpson's not guilty verdict only highlighted the issues that can arise utilizing the jury system. The jury system did not collapse due to this verdict, but it did show how flawed the system can be and did so while the entire nation watched. This verdict did more damage to the image of justice, and allowed an entire nation to question the accountability of justice in this country. 2. I do feel that Alford pleas have their place in the criminal justice system. There are situations, such as the North Carolina v. Alford 1970 case, where the defendant realized that the evidence presented to him would prove it a difficult task to exonerate him of any murder charges, and thus to avoid the death penalty, plead as he did. With the stark contrast of Alford pleas vs straight-up pleading "guilty", I would not limit the Alford pleas to cases whereas the defendant wishes to avoid the death penalty. It is one scenario to have on your record a "guilty" plea, vs to have an "Alford" plea; that's not to say it would necessarily provide for a "better" outlook once any punishment is served, but it could provide the defendant with a means to move on with his life knowing he was able to maintain his innocence of the act while realizing that due to whatever circumstances, enough evidence was present that he felt it would have led to him being guilty. At the same time, I can foresee this becoming almost abused by the state / federal government when trying to entice subjects of crimes to plead a certain way in order to alleviate the possible more severe punishment they might seek in court. I do not feel the O.J. Simpson verdict al.

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10 ROPER v. SIMMONS SCALIA, J., dissenting 14 ROPER v. SIMMONS SCALIA, J., dissenting Cite as: 543 U. S. ____ (2005) 15 SCALIA, J., dissenting (Slip Opinion) OCTOBER TERM, 2004 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ROPER, SUPERINTENDENT, POTOSI CORRECTIONAL CENTER v. SIMMONS CERTIORARI TO THE SUPREME COURT OF MISSOURI No. 03–633. Argued October 13, 2004—Decided March 1, 2005 At age 17, respondent Simmons planned and committed a capital murder. After he had turned 18, he was sentenced to death. His direct appeal and subsequent petitions for state and federal postconviction relief were rejected. This Court then held, in Atkins v. Virginia, 536 U. S. 304, that the Eighth Amendment, applicable to the States through the Fourteenth Amendment, prohibits the execution of a mentally retarded person. Simmons filed a new petition for state postconviction relief, arguing that Atkins’ reasoning established that the Constitution prohibits the execution of a juvenile who was under 18 when he committed his crime. The Missouri Supreme Court agreed and set aside Simmons’ death sentence in favor of life imprisonment without eligibility for release. It held that, although Stanford v. Kentucky, 492 U. S. 361, rejected the proposition that the Constitution bars capital punishment for juvenile offenders younger than 18, a national consensus has developed against the execution of those offenders since Stanford. Held: The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. Pp. 6–25. (a) The Eighth Amendment’s prohibition against “cruel and unusual punishments” must be interpreted according to its text, by considering history, tradition, and precedent, and with due regard for its purpose and function in the constitutional design. To implement this framework this Court has established the propriety and affirmed the necessity of referring to “the evolving standards of decency that mark the progress of a maturing society” to determine which punishments are so disproportionate as to be “cruel and unusual.” Trop v. Dulles, 356 U. S. 86, 100–101. In 1988, in Thompson v. Oklahoma, 487 U. S. 2 ROPER 815, 818–838, a plurality determined that national standards of decency did not permit the execution of any offender under age 16 at the time of the crime. The next year, in Stanford, a 5-to-4 Court referred to contemporary standards of decency, but concluded the Eighth and Fourteenth Amendments did not proscribe the execution of offenders over 15 but under 18 because 22 of 37 d ...

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0 Running Head: NON-VERBAL COMMUNICATIONS 1 0 NON-VERBAL COMMUNICATION Contributor, N. T. (2019, December 23). Communication skills 3: non-verbal communication. Retrieved from https://www.nursingtimes.net/clinical-archive/assessment-skills/communication-skills-3-non-verbal-communication-15-01-2018/ Non-verbal communication is primarily about body language, but other factors such as the layout or decoration of a room, or someone’s clothing or appearance, can also communicate messages. Non-verbal communication can be a supplemental for verbal communication and can reinforce or substitute a spoken message. The non-verbal communication can be different in each situation and each encounter. It is affected by the patient’s sensitivities, how one is regarded and the situation itself. it is very important to facilitate the positive non-verbal interactions in the health care settings. Body language can be crucial as it aids in communication and also helps to decode and react appropriately to other people’s visual and cues. Also, the cultural differences can affect the non-verbal communication as some non-verbal communication can be considered appropriate in some cultures. Thus, it is required to have some knowledge regarding cultural differences and cultural competence. Liu, Calvo, A., R., Lim, & Renee. (2016, June 7). Improving Medical Students' Awareness of Their Non-Verbal Communication through Automated Non-Verbal Behavior Feedback. Retrieved from https://www.frontiersin.org/articles/10.3389/fict.2016.00011/full The non-verbal communication of clinicians has an impact on patients’ satisfaction and health outcomes. Yet medical students are not receiving enough training on the appropriate non-verbal behaviors in clinical consultations. Computer vision techniques have been used for detecting different kinds of non-verbal behaviors, and they can be incorporated in educational systems that help medical students to develop communication skills. We describe EQClinic, a system that combines a tele-health platform with automated non-verbal behavior recognition. The system aims to help medical students improve their communication skills through a combination of human and automatically generated feedback. EQClinic provides fully automated calendaring and video conferencing features for doctors or medical students to interview patients. We describe a pilot (18 dyadic interactions) in which standardized patients (SPs) (i.e., someone acting as a real patient) were interviewed by medical students and provided assessments and comments about their performance. After the interview, computer vision and audio processing algorithms were used to recognize students’ non-verbal behaviors known to influence the quality of a medical consultation: including turn taking, speaking ratio, sound volume, sound pitch, smiling, frowning, head leaning, head tilting, nodding, shaking, face-touch gestures and overall body movements. The results showed that students’ awareness.

0Running Head NON-VERBAL COMMUNICATIONS 10NON-VERBAL C.docx

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"... all men are created equal ... they are endowed by their Creator with certain unalienable Rights, ... among these are Life, Liberty, and the pursuit of Happiness." – Preamble to the Declaration of Independence (National Archives, 2020) Imagine that you are Thomas Jefferson during the eventful days of 1776 (the year the Declaration of Independence was signed), when protest and revolt energized the air. If Thomas Jefferson looked into the future, he might not have realized just how important and revered the Declaration of Independence would become. The Declaration is studied and admired all over the world, and its importance continues to grow. Read more about the Declaration and its importance in this article . For your Discussion Board post complete the following: Explain why you think the Declaration has become the revered document that it is. Discuss whether you think the Declaration of Independence is relevant in your life today and why .

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1 How to Overcome Public Perception Issues on Potable Reuse Projects Michael R. Markus, P.E., Orange County Water District, Fountain Valley, CA Eleanor Torres, Orange County Water District, Fountain Valley, CA Abstract The purpose of this paper is to provide an overview of how the Orange County Water District (the District; OCWD) was able to insulate itself from public opposition to its potable reuse project, the Groundwater Replenishment System (GWRS). To understand what challenges the District would be facing it is important to first understand what was happening with other projects that were being developed at the same time in Southern California. Second, it is important to understand the process by which the outreach program was developed and how it was executed. That program was ongoing and changed with the project to help anticipate and react to various issues that developed. Finally, it will be shown how important it is to continue the outreach efforts and outline the various steps the District has taken to educate people on the benefits of reuse. Introduction The Orange County Water District manages a very large groundwater basin (basin) in central and north Orange County in the state of California, U.S.A. It was created by the State Legislature in 1933 for that purpose and is governed by a 10-member Board of Directors that sets policy, establishes the amount of pumping out of the basin and sets tariffs. The District currently has set the amount of groundwater that can be pumped out of the basin at 77% of the total water demands for its 19 retail agencies which serve 2.5 million people. The remaining 23% of its water supply is dependent on water that is imported into the region. The Southern California region has a semi-arid climate, which receives approximately 355 mm of rainfall per year. Most of its water is imported from two primary outside sources, the Colorado River and the Sacramento-San Joaquin Delta (the Delta) in Northern California. The Metropolitan Water District of Southern California (MWD) built a 320 km aqueduct in the 1930’s bringing water from the Colorado River into Southern California and then participated in the building of a 640 km aqueduct in the 1960’s from Northern California to bring water from the Delta to Southern California. These supplies are enough to meet the water demands in most years, but they are variable and the amount of water through these systems is dependent on hydrology and certainly in the future, climate change. Groundwater basins provide an important source of supplemental supply to the imported water provided by MWD. A sustainably managed basin can provide a reliable source of low-cost water, with groundwater costing half as much as imported water. The Orange County Water District relies on rainfall, stormwater capture, Santa Ana River flows, untreated imported water and recycled water for refilling its basin. This amount of water.

1 How to Overcome Public Perception Issues on Potable R.docx

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. Thoroughly complete each part of the prewriting process. . Create a strong thesis statement. . Analyze quotations and supporting evidence. Remember that the purpose of researched information is to prove your own point--not to make that point for Include strong supporting evidence, if required. Once you've done some research, you'll probablAll essays must have a main ide ) Is my name clearly on the assignment EXACTLY the way it is documented in StraighterLine’s system? (E.g., if your middle initial is in the system, is it on your paper?) 2.) If applicable, have I used one of the required topics for the paper? 3.) Am I uploading the correct assignment? 4.) Have I met the minimum word requirement? 5.) Have I submitted my own work ? Plagiarized essays WILL BE FLAGGED and you will need to resubmit a revised version. 6.) Have I used both in-text and bibliographic citations as appropriate? 7.) Have I saved my paper in a format Turn It In can open? 8.) Have I removed any previous comments I got from tutors? DRAF1): Descriptive Paragraph (Optional) 7(2) FINAL: Descriptive Paragraph (Required) d (3)Annotated Bibliograph y (Required , 8(4) DRAFT: Compare/Contrast (Optional) (5) FINAL: Compare/Contrast (Required (6) DRAFT: Personal Narrative (Optional) (7) FINAL: Personal Narrative (Required) 0 D(8)RAFT: Persuasive (Optional 0(9) FINAL: Persuasive (Required) 12/13/18, 1:051 0 5 (Required) 1 REQUIRED DRAFT: Researc 0 1(12)4 FINAL: Research (Required) (12) d) 1 Descriptive Paragraph (Optional) Descriptive Paragraph ( (1) Annotated Bibliography ( : (3)Compare/Contrast (Optional) L: C ompare/Contrast (Required) , T: Personal Narrative (Optional L: Personal Narrative Persuas : Persuasive (Required) T: Argumentative (Optional) , L: Argumentative (Required 0 11 REQUIRED DRAFT: Research : Research (Required) .

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. Research Paper Give a behaviorist's response to the charge that: a. Behavior therapists ignore the past. b. Behavior therapy is coercive. c. Rewarding behavior causes children to refuse to do anything unless a reward follows. d. If one child is reinforced, another child might increase his negative behavior to get a reward. Address each one of these charges separately, and give research evidence to support your statements and arguments. the doc must have 5 minimum page length. .

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1. Often times Justice can have a particular perspective on how the Constitution should be interpreted, and two highly qualified jurists can come to opposite conclusion on exactly the same case. Most 5-4 cases are good examples of this. What factor or perspective best describes how we can have this diametrically opposed position of top scholars and jurists? Taking the Roper v Simmons 543 US 551 (2005) case the Rehnquist Court produced some spirited but opposite conclusions by justices. It was a 5-4 Court, with Kennedy writing for the majority. Choose one of the Dissenting Justices and compare the reasoning or perspective between these two giant legal minds. Can you offer an explanation that would reconcile the divergent opinions? Are they really on opposite sides of the issue? Or are they simply following a particular process to determine their vote? PLEASE EXPLAIN WHETHER YOU AGREE WITH MY CLASSMATE RESPONSE TO THE ABOVE QUESTION AND WHY? (A MININUM OF 125 WORDS) CLASSMATE’S POST

2. In the Roper v Simmons case of 2005, Chief justice Anthony Kennedy gave the deciding vote to stay the execution of Christopher Simmons because of the Eighth Amendment cruel and unusual punishment clause. Because the offender was a minor at the time of his crime, the majority voted to overturn the death penalty sentence in favor of life in prison without the possibility of parole. Kennedy decided to promote the people’s opinion that a minor should not face execution even after committing a capital crime. He argued that a 17-year-old is not mature and behavioral patterns at that age can be persuaded or programmed to do things that his/her matured mind would not do. A dissenting judge, Chief Justice Scalia believed there were conditions and cases where a minor should be held accountable for his/her actions. He argued the Eighth Amendment cruel and unusual punishment clause should not protect minors in cases of extreme and calculated behavior. Because Simmons planned the attack on his victim and later bragged to others about the murder, Scalia believed immaturity was not the case, and capital punishment would fit the crime committed.

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