Mark Twain s Clemens Notebook 1904 - 1341 Words

As Samuel L. Clemens, otherwise known as Mark Twain once said, â€Å"Whenever you find yourself on the side of the majority, it is time to pause and reflect.† This was said in Clemens’ Notebook 1904. For generations, many people have lived by this quote. Some whether notorious or any ordinary people. Being politics in the government, or people using their knowledge for their everyday lives. Everyone must make their own individual decisions in any situation. The majority cannot be one person, one person has their own ideas and emotions. Agreeing with everyone else without personal views is basically writing the same thing over and over again. Nothing will be resolved, ever. Our opinions, thoughts, and ideas make us who we are, and it is who we are that makes people different from their societies.. Its views, everything. Lucille Ball chose to be different from other women in the United States, she was an actress, a very notorious and successful one at that. Ball was slow and steady, but eventually became a success. As told in Top 101 Remarkable Women, edited by Jeanne Nagle, Lucille Ball was unsuccessful at first, but she eventually became more and more popular. To the point she and her husband formed Desilu Productions, launching comedies and specials, such as, I Love Lucy and The Lucille Ball-Desi Arnaz Show. (Nagle 8) She may have struggled, but in the end, Ball was heard. She was a legend because of it. More and more, her voice was heard, she became a powerful

Biography on Julius Caesar Free Essays

Julius Caesar was the means to the evolution of the Roman Republic into an empire. This transition extended its significance to more than 60 million citizens through the outcome of the empire, some of which is virtual peace and prosperity. Arriving at this conclusion, we must now ask, was this transition all because of Caesar? It seems to appear that Caesar had intentionally planned to initiate a dominion as the key to all the troubles in the world. We will write a custom essay sample on Biography on Julius Caesar or any similar topic only for you Order Now The events that took place, namely the invasion of Gaul, the combat opposing Pompey, and the dictatorship of Caesar, moved so fast and certain. This viewpoint was equally shared by a few historians; the most expressive of them was the German scholar Theodor Mommsen (1817-1903). He articulated this viewpoint in his Romische Geschichte. For Mommsen, Caesar had cleared all crooked aristocracy and formed an empire that functioned for all of its citizens. Dominion and equality were evenhanded in its foundation. This was a thing that Mommsen would have greatly loved in his own homeland. Mommsen wrote that Caesar’s â€Å"aim was the highest which a man is allowed to propose himself – the political, military, intellectual, and moral regeneration of his own deeply decayed nation [†¦ ] The hard school of thirty years’ experience changed his views as to the means by which this aim was to be reached; his aim itself remained the same in the times of his hopeless humiliation and of his unlimited plenitude of power, in the times when as demagogue and conspirator he stole towards it by paths of darkness, and in those when, as joint possessor of the supreme power and then as monarch, he worked at his task in the full light of day before the eyes of the world. [†¦ ] According to his original plan he had purposed to reach his object [†¦ ] without force of arms, and throughout eighteen years he had as leader of the people’s party moved exclusively amid political plans and intrigues – until, reluctantly convinced of the necessity for a military support, he, when already forty years of age, put himself at the head of an army. †( Romische Geschichte) Many of his actions had sheltered the common citizens against the self-centered rules of the rich. His rules on levies and nationality most likely demonstrate this. On the other hand, were these actions to protect the people his goal or just his instrument to create a solid foundation for a personal cause? The following arguments are the judgments of enormous historians, namely Eduard Meyer and Jerome Carcopino. They believed, as written in their Caesars Monarchie und das Pinzipat des Pompejus and Histoire Romaine, that even as a child, Caesar’s goal was the organization of a dominion in Rome. Caring for the citizens’ welfare was not his aim, instead, he utilized them. According to the German historian Matthias Gelzer, maybe, it was not right to center on Caesar’s guiding principle. He added that Caesar maybe was just an exemplar to a much bigger course. Caesar made history but not in the condition of his own option. He explained further that there had to be profound causes for these actions and it was not right to consider influential men like Julius Caesar as stimulators of social change. Ronald Syme, an Oxford professor, shared the same perspective with Gelzer’s thought that Caesar was just an exemplar to a much bigger course. According to him, Caesar outshined his associate nobles because he established groundwork outside Italy. His abundant allocation of nationality was a significant tool for him to receive this support. He wanted to be the original among his fellows. After World War II, most people agreed with Syme’s abhor of one-man ruling. This resulted in the vanishing of the subject about Caesar. There were articles but there were no improvements. Today, Syme’s ideas were most likely agreed by most historians than Mommsen’s. However, the perspective of Syme deteriorated very fast. His divisions were similar to the elites that managed universities in the 20th century. His principle in family fidelity was not very possible in the real world. (Lendering) At the Capitoline hill in present Rome lies the statue of Caesar. It stares down above the remains of his round-table. What types of accomplishments were left for a man who cared much about his personal heritage to history? Since Caesar’s death, his effect on the history of his country has been continually deliberated. The path he chose in life was obviously notorious. Historians either agreed for his actions or opposed it. Centuries later, uneducated native people who barely knew Rome knew his name. His name is one among some which are often renowned. Those who admire Cicero always oppose the fearless, dignified orator against the striving, monomaniacal demolisher of Rome. Likewise, the ones who look up to Caesar seem to view Cicero as a selfish tool for the oligarchs who, in the first place, had destabilized the Republic even before the arrival of Caesar. In the 19th century, intellectuals raised Caesar’s statesmanship and knowledge into a level that nearly advances into a sect of personality. In Mommsen’s opinion, the Roman Empire was out of power and leads towards devastation. According to him, it was Caesar’s declaration that seized organization of its history and headed towards unwavering years of the Republic. In the 20th century, many historians likened Caesar to Hitler and Stalin due to the unavoidable responses after the end of World War II. Nevertheless, his status has lived two millennia of disordered government and will live the limits of the previous years. For me, Caesar’s path is a breakpoint in the history of Rome and very essential. An obvious misinterpretation of the Roman psyche of his own era is the mistreatment of Caesar as a man preoccupied by his own dignities. To challenge deeply in quest of individual credit was the outcome of as aristocratic whose only immortality rest in eternally touching the history of Rome. Cicero, for all his fully conscious acceptance of the history of Rome, blazed with an unslaked yearning to influence his era and be recalled for his actions. Caesar carried amazing traits to his concluding power of the nation which were not present in his motivated equals. The case was unpersuasive for me because the legislation of his Consulate and the soon after kinds passed while Dictator did not gravely tried to restore mistakes long disregarded by the wrangling rich men who declared that he shattered freedom on his own. Caesar was far more than dreams not like the Gracchis. He was a progressive. Sorting out the applicable comments of his measures from the doubt that a lot of his colleagues were provoked by their personal gluttony and jealousy of his rank among them is hard. Furthermore, the power of Rome was absolutely incompetent of calmly accommodating the transformations of Caesar. It believes with confidence that the Republic was the finest of all potential worlds and that whichever amend was not merely hazardous but completely unpatriotic. Reading the past of Rome from the Gracchi to Augustus is an extensive and disheartening investigation of what prejudice, factionalism, individual goal, aggression, and gluttony had made to Romans. Basically, Rome had turned relatively ensnared in the collapse when men need not describe the universal superior likewise, and where the aspirations of persons or families were dominant. Cicero enclosed his row completely to the advantage of the status quo and the past rulers of Rome for centuries. He probably have profoundly hoped to trust in a concordance of the guidelines and this is the capability of every Roman to work as one. Determining that no one ought to continually accumulate excessive authority or control had get nearer to signify that any reformer was ruined in spite of whether his reorganization was excellent or terrible is the most. It is because to execute them may gain him so much thankful patrons. Probably the most grave in estimating whether the Republic could have viably sustained devoid of Caesar’s measures is to acknowledge this thinking. All of those under pressure to tackle the troubles of the late empire, from the era of Gracchi to Caesar, were all destroyed. Transformation was badly required and no modification appeared probable inside the structure. This perspective is the result of all transformations. Caesar was the only one who lived long enough to start changing the perspective. The main reason why he died is because he did this without enough cruelty. After another war and 20 years of turmoil, the people of Rome acknowledged that dictatorship may be preferable to sovereignty if it conveyed harmony in its way. Unlike Caesar, Augustus was able to make in the course of a technical civil service. This is a vent for the wealthy and determined adolescent noble to perform for his nation devoid of resorting to aggression. (Cross) Reference: Cross, Suzanne. â€Å"Julius Caesar: The Last Dictator; A Biography of Caesar and Rome 100-44 B. C. † 2002-2006. October 27, 2006. http://web. ma/heraklia/Caesar/index. html. Lendering, Jona. â€Å"Gaius Julius Caesar†. 2006. Livius: Articles on ancient history. October 27 2006. http://www. livius. org/caa-can/caesar/caesar01. html. How to cite Biography on Julius Caesar, Papers

Biometric data

Question: What isBiometric data? Explain. Answer: Biometric data is the present trending discussed topic in the past and present also. Previous discussion includes many research papers, proposals for strong biometric information (data) on passports. Many countries like Germany have already implemented this technology in Video Stores for authentication, fingerprint sensor integrated in laptops and even banks started using this biometric devices as well. Even though having wide range of trail uses and proposals, in many countries, this biometric data systems are not widely used for authentication purpose. In this report, we have discussed why biometric authentication is not a standard technique till now. We also analyzed that these biometric devices will make system safety and much more secure. Even though these devices cost high, it is also worth spending much more amount of money on these systems. Our results leads to a conclusion that in most of the cases, the trade-offs which need not to be consider users biometric data for authen tication as compared to other alternative methods like password authentication. Introduction: Security is the most important aspect in the software industry. Many scientists have been proposed different methods like login/password, Personal Identification Number (PIN) etc. But if we look into the present security problems, these methods cannot prevent those problems. In order to overcome the problems, a new security system has been implemented i.e. Biometric data for authentication. Now a days, this technology is used in many places, like banks, market stores, companies, institutions, etc. Even we find finger print sensors in laptops (integrated with it) and also for computers connected as external device. Systems using biometric data introduces a new concept authentication paradigm i.e. based on something like fingerprint, face ,iris etc. or you can do such as handwriting, voice etc. What is Biometric: It is study of automated method for genuinely recognizing things based on one or more intrinsic behavioral or physical traits. It is also described as study of Biometrics that discover ways to compare and make difference between things (individuals) using personal things (that we do) and physical characteristics (things we are). The general physical features used are eyes (IRIS and retina), facial features, hand geometry and fingerprints. The common examples for personal traits are handwriting and voice that are used to distinguish between persons. As these characteristics and traits are unique and universal for all individuals, these are commonly used in this system. Biometric authentication Before going into the detailed explanation about biometric authentication, Let us discuss the general view of access control model that is useful to understand how to keep the authenticaiton system secure. If we look at the following diagram, fig 2, it gives an overview about the model. Fig 2. Overview of access control model. The guard in the middle will give grant for the access to the system. For the decision, the guard uses the data to identify the authorization information and requesting source to find out if the given source is equal to the identified source. If it is equal, then the user was allowed to get access to the requested resource. If necessary, The decision taken by the guard is given to log in, so that it can be able to backtrack decisions. In this report, we talk about the authentication process of the systems that is marked with the darker colored parts in the diagram. In this case, The source is biometric information provided by the person along with combination with other identification information. This information is sent to the guard. The guard use algorithms and it will perform a comparison with the stored information. If it matches, the user was allowed to get access. If not, no grant for the access. Biometric identification is the process of presenting the unknown person biometric data to the system. Then the system use the algorithms for processing the data and compares the data with the stored database until one matches. By this, the system will be able to identify the unknown personality (one to many). So there are many process to run, it takes a little time than that of biometric verification. Biometric verification is the process of providing biometric data to the system and it claims whether the particul ar identity belongs to this data or not (one to one). In most of the authentication processes, biometric verification is used[2]. Working of Biometric system: Coming to the working of biometric system, A biometric system consists of a testing and an enrolment phase. The sample biometric data sets are produced and saved in enrollment phase, that are used for comparison in the authentication process. Each authorized user has to go with this step. In this phase, examples like fingerprints are as in digital information and saved in a database as PIN. If we come to the testing phase, when the person requested for the access of the system, the saved sample in the enrollment phase is used by the guard for decision whether to give grant access to the system or not. The important process for a biometric system is enrollment phase. This can be explained with an example. Suppose if the given sample data taken from a user for authentication, is not good enough, then there will be a high chance of refusing the access to that person[3]. Performance and security considerations: In this section, we will look at the performance and security considerations. We know that as the technology gets improved, the old systems gets replaced by the new systems.[3] It is difficult to measure the performance of a biometric authentication. The main factor that tells about the system is accuracy that indicate whether the performance is good or bad. There are also other factors that need to be considered like speed, cost, storage and ease of use are also considered as well.[5] Sometimes, biometric devices are not perfect and produces errors. If we look at an example, sometimes there are chances of authorized person is rejected by the system and also will get access for a non- authorized person. The probability of the rates of these errors are named as False acceptance and False rejection. In short they are called as FA and FR. For most of the systems, it is possible to tradeoff these types of errors against each other. This is done by increasing the threshold that is used for decision to make a match for these two biometric data. The FA and FR are dependent on each other. For a perfect system, there will be no errors and these rates (FA and FR) are almost zero. For a very secure system, the probability of FA rate is increased to almost zero that results in a high FR rate. The time needed for the authentication process depends on the accuracy and thereby with the security of the system. If the system needs high security, i.e. high rate of FA, then the system could use more characteristic points that need to be compared for an authentication process. So for a more security system, the authentication time will be more as compared with the one with lower security. Therefore authentication systems having a FR and FA rates that affects the time of the authentication process. The below list presents some factors that should be considered in decision process: Amount of support for the running system. Distinctiveness and uniqueness of the biometric trait or characteristic. Intrusiveness of the system Variation of the biometric trait or characteristic Cooperation of the customer Vulnerability to fraud the system Now lets discuss the results of several optical, thermal and capacitive fingerprint scanners, one face recognition and iris scanner system. There are 3 scenarios about how to fool the biometric system.[4] For regular sensing technology, the artificial created data can be used to trick the system. The 2nd scenario is about the artificially created data which is time gained by sniffer programs. The 3rd scenario is if about the directly attack of the database. All fingerprint scanners are able to trick by using artificial gained data. The following methods are used in tricking the fingerprint recognition system: Reactivate the finger fat traces left on the sensors surface by breathing on it. The latent fingerprint is dusted with normal graphite powder, and Adhesive film is slightly pressed on the sensors surface to gain access to the system.[3] Placing a bag filled with warm water on the fingerprint sensor so as Reactivate latent fingerprints. Artificial silicon fingerprints can be produced which can be used for the optical and thermal scanners to access the system successfully. Advantages: The useful advantage of the biometric data is, it cant get lost, duplicated, stolen, forgotten like keys. And also they cant be shared, observed, forgotten, guessed or forgotten like PINs, secret codes. People need not to change the authentication data for every 3 months. This type of authentication systems can increase the security much more as compared to the other systems. The system hardware cant be cheated, If the accuracy of the system is very high. Disadvantages: Acceptability is one of the advantage of the these authentication systems. people are afraid about the light used in the IRIS scanner as it can be harmful for the eyes. These biometric authentication technologies are of high cost. Another disadvantage of biometric systems is varying reliability. Conclusion : If we look at the above results and discussion, it seems to exist more advantages as compared to the disadvantages for biometric authentication systems. The biometric authentication is an interesting and presently the trending topic that has a lot of research going on and to be done on this area. It is also advised to use biometric authentication with other different authentication technologies. This use of multi factor authentication is more secure and research has to be made to improve the techniques and increase the applications of this technology. References: Birgit Kaschte(2005), Biometric authentication systems today and in the future, University of Auckland. Renu Bhatia(2013), Biometrics and Face Recognition Techniques, IJARCSSE, Volume 3, Issue 5, May. Vaclav Matyas, Zdenek Riha, Biometric Authentication Security And Usability. J. Phillips, A. Martin, C.L. Wilson, and M. Przybocki. An introduction to evaluating biometric systems. Computer, 33:56632, February 2000. Anil K. Jain, Lin Hong, Sharath Pankanti, and Ruud Bolle, An identity- authentication system using à ¯Ã‚ ¬Ã‚ ngerprints. In Proceedings of the IEEE, volume 85 of 9, September 2007.

Lincoln Douglas Debate free essay sample

In agreeing to the debates, Lincoln ND Douglas decided to hold one debate in each of the nine congressional districts in Illinois. Because both had already spoken in two, Springfield and Chicago, within a day of each other, they decided that their joint appearances would be held only in the remaining seven districts. The debates Were held in seven towns in the State Of Illinois: Ottawa on August 21 , Freeport on August 27, Joneses on September 15, Charleston on September 18, Eagleburger on October 7, Quince on October 13, and Alton on October 15.The debates in Freeport, Quince and Alton drew especially large numbers of people from neighboring states, as the issue of slavery was of monumental importance to citizens across the nation. Newspaper coverage of the debates was intense. Major papers from Chicago sent stenographers to create complete texts of each debate, which newspapers across the United States reprinted in full, with some partisan edits. Newspapers that supported Douglas edited his speeches to remove any errors made by the stenographers and to correct grammatical errors, while they left Lincoln speeches in the rough form in which they had been transcribed. We will write a custom essay sample on Lincoln Douglas Debate or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the same ay, pro-Lincoln papers edited Lincoln s speeches, but left the Douglas texts as reported. After losing the election for Senator in Illinois, Lincoln edited the texts of all the debates and had them published in a book.The widespread coverage of the original debates and the subsequent popularity of the book led eventually to Lincoln nomination for President of the United States by the 1860 Republican National Convention in Chicago. The format for each debate was: one candidate spoke for 60 minutes, then the other candidate spoke for 90 minutes, and then the first candidate was allowed a 30-minute rejoinder. The candidates alternated speaking first. As the incumbent, Douglas spoke first in four of the debates. Before the debates, Lincoln said that Douglas was encouraging fears of amalgamation of the races with enough success to drive thousands of people away from the Republican Party. Douglas tried to convince, especially the Democrats, that Lincoln was an abolitionist for saying that the American Declaration of Independence applied to blacks as well as whites. Lincoln called a self-evident truth the electric cord that links the hearts of patriotic and liberty-loving men together. Lincoln argued in his House Divided Speech that Douglas was part of a conspiracy to nationalize slavery.Lincoln said that ending the Missouri Compromise ban on slavery in Kansas and Nebraska was the first step in this direction, and that the Dried Scott decision was another step in the direction of spreading slavery into Northern territories. Lincoln expressed the fear that the next Dried Scott decision would make Illinois a slave state. Both Lincoln and Douglas had opposition. Although Lincoln was a former Whig, the prominent former Whig Judge Audiophiles Lyle Dickey said that Lincoln was o closely tied to the abolitionists, and supported Douglas.But Democratic President James Buchanan opposed Douglas for defeating the Locomotion Constitution, and set up a rival National Democratic party that drew votes away from him. Lincoln used a number of colorful phrases in the debates, such as when he said that one argument by Douglas made a horse chestnut into a chestnut horse, and compared an evasion by Douglas to the sepia cloud from a cuttlefish. Lincoln said that Douglas Freeport Doctrine was a do- nothing sovereignty that was as thin as the homeopathic soup that was dad by boiling the shadow of a pigeon that had starved to death. The October surprise of the election was the endorsement of the Democrat Douglas by former Whig John Accredited. Former Whig comprised the biggest block of swing voters, and Criterions endorsement of Douglas rather than Lincoln, also a former Whig, reduced Lincoln chances of winning. On election day, the Democrats won a narrow majority of seats in the Illinois General Assembly, despite getting slightly less than half the votes. The legislature then re-elected Douglas.However, the widespread media coverage f the debates greatly raised Lincoln national profile, making him a viable candidate for nomination as the Republican candidate in the upcoming 1860 presidential election. He would go on to secure both the nomination and the presidency, besting Douglas (as the Northern Democratic candidate), among others, in the process. The Lincoln-Douglas debate format that is used in high school and college competition today is named after this series of debates. Modern presidential debates trace their roots to the Lincoln-?Douglas Debates, though the format today is remarkably different from the original. Lincoln Douglas Debate free essay sample Leslie, Law Professor from the Benjamin Carload School of Law, wrote, Consequently, the contents of attorney-client communications are extraordinarily relevant and reliable evidence. If the point of litigation is to deduce the truth, why exclude attorney-client communications? Most evidentially rules further the search for truth. Hearsay is excluded as unreliable, character evidence as unduly prejudicial. The law of privileges is a stark exception because it conceals evidence that is highly reliable and probative.We tolerate attorney-client privilege because we suppose that without it, fear or ignorance would cause clients to omit, slant, or falsify information when consulting attorneys. Perhaps unwittingly, clients would refit the opportunity to obtain sound legal advice. The privilege, therefore, enables clients to function effectively in the legal system. The price is the exclusion of relevant and reliable evidence. In a fair trial, both the defendant and the accuser swear to tell the truth, the whole truth, and nothing but the truth. We will write a custom essay sample on Lincoln-Douglas Debate or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This cannot occur if the defendant tells the attorney of the heinous crime, and the attorney covers up the tracks for his guilty client. This breaks the oath by not telling the whole truth under oath, and May possibly let a guilty man be let free even tough he is in all rights guilty. The reviled even excludes evidence that is related to but not necessarily a part of what is covered in by the privilege. As a democracy the U. S is formed around the idea of the social contract in which idea that citizens will give up certain rights, to a certain degree, in order for the government to protect the populace and effectively serve justice.The way the government upholds its end of the contract is through its laws, meaning that breaking the law will result in consequence. If the laws are broken and there is no punishment then the laws dont serve their purpose meaning the government cant serve TTS purpose either. Attorney client privilege makes it harder for the guilty to be convicted and result in a larger number of incorrect verdicts. Therefore the law isnt upheld, the guilty go free and the law process ineffective. More importantly, however, the innocent arent protected and therefore this undermines the purpose Of the social contract.As a democracy the U. S is formed around the idea of the social contract in which idea that citizens will give up certain rights, to a certain degree, in order for the government to protect the populace and effectively serve justice. The way the government upholds its end of the contract is through its laws, meaning that breaking the law will result in consequence. Fifth laws are broken and there is no punishment then the laws dont serve their purpose meaning the government cant serve its purpose either.Attorney client privilege makes it harder for the guilty to be convicted and result in a larger number of incorrect verdicts. Therefore the law isnt upheld, the guilty go free and the law proves ineffective. More importantly, however, the innocent arent protected and therefore this undermines the purpose of the social contract. With this essentially immoral, albeit perfectly legal arrangement, we have surrounded ourselves with lies, and locked ourselves up within a system that perpetuates further lies.Our jails are filled with people who are incarcerated for all the wrong reasons, a miasmas haze of generalized guilt unspecified and totally disconnected from the actual events themselves. They sit in jail, and the story of what happened sits with them. And no one seems to care, as long as jails have low vacancy rates. We have bargained away the sanctity of truth for the certainty of a jail sentence. Indeed, the official courthouse records of criminal suppositions are distorted, because they reflect false punishments. A rape IS reduced to an assault.Something that is felonious suddenly, magically, becomes merely mischievous. A first-degree offense is lessened to a crime with a lower degree of culpability, stripped down to something less ominous- and less true. We are all ultimately the unwitting victims off system that subordinates truths to its narrow vision of justice. But constituencies all about discovering the truth? Moral and historical justice cant be accomplished without knowing what happened. This is what people assume courthouses re for: truth telling, truth seeking, justice embodied in the very nature, and in all the delicate nuances, of truth itself.Some proponents of the privilege argue that abandoning the privilege will discourage people from seeking legal advice, but this is not empirically proven. Edward J. Malingered, Law Professor at U. Cal Davis, writes, There have been a number of studies on the effect of the attorney-client and psychotherapist-patient privileges. It is certainly dangerous to extrapolate from the available data, because there have been only a few handfuls of studies. However, the findings in the studies re relatively uniform.The researchers have fairly consistently found that: Even absent a privilege, only a small minority of laypersons would be deterred from consulting the professional; without a privilege, perhaps a significant minority of the laypersons would be somewhat more guarded in their communications, particularly written communications, with the confidant; but the vast majority of laypersons would still consult and communicate with their confidants to roughly the same extent. On reflection, these findings should not come as a surprise. As professor paschal pointed UT in the Senate hearings on the proposed Federal Rules of Evidence, most laypersons communicating with confidants are engaged in primary, pre- litigation activities. Typically, at the time of the communication they have little or no concern about subsequent litigation. Moreover, they often have strong, even impelling, reasons to communicate. For example, if a patient is in intense pain or fears that he or she is dying, the patient is likely to disclose any information requested by the physician regardless of the existence veil non of a medical privilege in that jurisdiction. And even if it were true that abandoning the privilege will discourage some from seeking legal advice, only those who are guilty would be discouraged from doing so. The innocent have nothing to hide. All societies are formed around the social contract. All social contract theories are based off of the idea that the people will give up certain rights, to an extent, in order for the government to protect the populace in some way.The mechanisms for a government to uphold its end of the social contract are its laws. However, for laws to mean anything, they must have authority, meaning that if someone breaks a law, they must be punished, otherwise it would be as if no laws existed at all. The mechanism is simple, but its implementation is difficult. Modern jurisprudence, including attorney client privilege, makes it substantially more difficult for the guilty to be convicted, causing a net decrease in the number of correct verdicts.In these circumstances, the law is not upheld, and the guilty go free, undermining the authority of the law in the process, and, by extension, the social contract itself is undermined. Negative The primary argument in favor of retaining the attorney- client privilege is hat it facilitates effective representation, which is important to justice. The purpose of the attorney-client privilege is to enable clients to make full and frank disclosures to their attorneys so that those attorneys can provide effective advice and candid representation.Without the privilege, people would not be able to use attorneys effectively because they would be deterred from sharing critical information with their attorneys out of fear that it could be used against them in trial. Ronald Goldberg, Attorney states protection O f attorney-client communications a modern form Of proof reductionism toward which courts are especially solicitous? Historical privilege has benefited from judicial deference and understanding. Court reported, It is out of regard. .. O the administration of justice, who cannot go on without he aid of men skilled in jurisprudence, in the Para the courts, and in those matters affecting rights and obligations which the subject of all judicial proceedings. If the privilege did not exist at a one would be thrown upon his own legal resources. Deprived of all professional assistance, a man would not venture to consult ay skillful or would only dare to tell his counselor half his case. And without off representation, it would be difficult to achieve justice. One of the basic tenants of the U. S. System is a strong defense without all the knolled: possible a defense attorney cannot give a defendant the best defense possible. The absence of Attorney-Client privileged would cause defend to actually not tell their attorneys the truth resulting in the opposite e the intent of the Resolution. One could actually argue that Attorney CLC preventable is essential to truth seeking therefore they should have CE precedence. On one scenario, we have truth seeking, which does not serially bring justice at all and is incredibly difficult to discern.Our scenario is the attorney-client privilege, which allows the defendant to professional advice on what is the right action, and thereby just. This the defendant to more accurately decide what is just, and therefore, b the attorney client privilege brings a higher chance of justice, should etc precedence over truth seeking in the United States criminal justice sys How can a government be legitimate if its violating peoples basic hung rights t o privacy, did we not found this country to preserve our basic h eight?Also why would a client tell his attorney anything if he knows HTH information would immediately be released, it doesnt allow lawyers etc there job, and if they know the full and unedited truth it can help bring! A correct verdict rather than also letting peoples rights be infringed u Negative debaters can question the value Of truth seeking. While that the privilege excludes evidence that is important for truth seeking important to note that this evidence would not exist in the first place v the privilege. Its not as if the privilege is covering up evidence that wool tennis be known.

buy custom General Introduction to the Case essay

buy custom General Introduction to the Case essay The case involves Carol Howes, who is a Warden of the Lakeland Correctional Facility in Michigan as the petitioner. Randall Fields who is a prisoner at the Lakeland Correctional Facility is the respondent. Randall Fields is sentenced to imprisonment for ten to fifteen years. He is serving the sentence under state convictions for criminal sexual conduct of the third degree. According to the petition side of the case, two sheriffs deputies removed Randall Fields from his cell without advice on his Miranda rights. However, Fields was informed that he was at liberty to leave if he was not willing to continue with the interrogation. Nonetheless, the respondent did not leave or ask to be escorted back to the cell. The petitioner argues that a bright-line Miranda rule that was applied in this case gives convicted criminals more rights even than ordinary citizens (American Bar Association 12). The petitioner further asserts that the Court should endorse Miranda context-specific test especially where prisoners are involved and thus should revert the new bright-line approach of the Sixth Circuit. According to the respondent side of the case, Fields Miranda rights were violated since he was not duly instructed of these rights before the interrogation and removal from the jail as is legally expected. Although he was informed of his liberty to leave if he was not willing to continue with the interrogation, there was actually no one to escort him back to the cell since he was not familiar with the building. Randall Fields had no alternative but to sit and continue with the interrogation since there was no one to escort him back to the cell. Therefore, whereas he was at liberty to leave, this was not absolutely guaranteed. This is contrary to the provisions of the Fifth Amendment law that guarantees the application of the bright-line test in relation to cases involving custodial interrogations (American Bar Association 18). The Supreme Court law also requires that Miranda rights be given to an inmate removed from prison population for interrogation outside the prison and where the officers involved are unaffiliated with the prison (American Bar Association 18). The case requires the Supreme Court to determine the applicability of Miranda rights rules and whether or not Fields was entitled to these rights during his interrogation away from the general prison population. It also involves determination of whether or not the Fifth Amendment law absolutely applies where custodial interrogations are involved (American Bar Association 12). The Supreme Court is thus to determine whether, in line with the Fifth Amendment law and the bright-line Miranda principle, Fields rights were actually violated during the interrogation away from the prison population. Ideological issues in the Case The liberal side of this case would support Fields on grounds that he was not informed of his Miranda rights even as he was being removed from the general prison population for interrogation in the conference room in unusually odd hour. Although he was informed that he had the option of leaving back to the jail, one of the deputies admittedly testified that thedefendant was not escorted back to the cell (Dominguez 2011). The liberal side would thus support the respondent and base their decision on the grounds that his rights as provided for in the Fifth Amendment law and the bright-line test approach to Miranda warnings were violated. The conservative side would favor Carol Howes, the petitioner by resorting to the provisions of Mathis (American Bar Association 10). The conservatives would endorse Miranda context-specific test approach in this case. Hemmes et al (550) posits that this provision holds that Miranda rights are applicable but do not expressly establish that such individuals in custody be automatically entitled to Miranda warnings every time they are to be interrogated away from the general prison population (Brody and Acker 245). Supreme Courts Possible Ruling Generally, the Court would adopt a liberal decision in its ruling. This decision is influenced by the provision of the Fifth Amendment and the application of the bright-line test approach to Miranda rights. Further, the Supreme Court law provides that Miranda rights be given to any inmate removed from prison population for interrogation on occurrences outside the prison and where the officers involved are unaffiliated with the prison (American Bar Association 18). This right was violated by the petitioner. This explains why the decision is likely to be liberal and in favor of the respondent. Personal Opinion about the Case In the petition case involving Carol Howes and Randall Fields, I would rule in favor of the respondent. This is because the Sixth Circuits Mathis provides that Miranda warnings must be issued whenever a law enforcement officer removes any inmate from the general population for any custodial interrogations (Dominguez 2011). Fields was not entitled to the Miranda rights at the time of his removal from the jail. Precedent and Impact of the Case The precedent in this case is founded on the general provisions for Miranda rights. In the case of Oregon and Mathiason, 429 U.S. 494 (1977), the court considering Mathis, decided that Miranda principle is absolutely applicable based on the bright-line approach in the contexts where interrogation of a prisoner takes place in a setting away from the prison population (American Bar Association 21). In Oregon versus Mathiason, the Court decisively stated that Miranda rights are very applicable where there is restriction on a prisoners freedom and where the interrogation is coercive. This was the same in the case of Fields versus Howes. In this respect, the role of stare decisis will be very critical in the Supreme Courts decision in this case. The Court will also rely on the results of the precedent case involving Rhodes Island versus Innis, 446 U.S. 291, 301 (1980). In this case, the Court was to decide on a matter where there was dispute between application of bright-line test principle and the contextual test approach to Miranda provisions (Hemmes et al 550). In this case the Court decided that the coerciveness of the interrogation environment is a separate question from the matter involving custody. Therrefore, where the prisoner is already in custody, the bright-line approach to Miranda is applicable in line with the provisions of the Fifth Amendment law that the Supreme Court refers to in cases of a similar nature (Brody and Acker 245-246). Considering the precedent and evaluating the impact of this case, United States versus Menzer of 1994 could be used as a reference. In this case, the officers that were doing the interrogations worked hard to ensure that the interrogations were as non-coercive as possible. The inmate was also given the option to decide whether or not he wanted to meet the officers for interrogations (Brody and Acker 245-246). This is why the Court ruled in favor of the petitioner. On the contrary Fields was not granted this right. His interrogation was openly coercive. This explains why the Supreme Court must not go on the contrary in consideration of the precedent cases and the stare decisis. The precedent cases and the role of stare decisis would be very critical in determining the outcome of this case. This is because in principle, the Supreme Court does not contradict itself. The provision of Sixth Circuit that holds that routine questioning does not require advice on the rights would thus be ignored in this case (American Bar Association 32). Instead, the Court would refer to Mathis and the Fifth Amendment law as the controlling precedent in this case. The outcome of this case would be very critical especially in terms of setting precedence for the future cases involving interrogation of prisoners and where the Miranda warning provisions are involved. Besides, it will be very significant especially considering the fact that bright-line and Miranda context-specific test approaches have been crowded by differences in interpretation in the lower Courts. The decision of the Supreme Court in Fields versus Howes would thus be used as a referent case to guide future rulings in cases involving rights of prisoners that are being interrogated away from the general prison population. Relevance of the Case to Class Learning Context The case is very relevant to the course content as it involves determination of violation of Miranda rights or the absence of the same. It is further interesting to explore how this connects with the provisions of the Fifth Amendment law that guides cases involving custodial interrogations. The Fifth Amendment law reinforces the bright-line test and Miranda principles as it relates to custodial interrogations. Therefore, proper considerations must be made so as to help a person understand and exploit all the privileges that the case settings provide. Fields was not guaranteed this right and privilege during his interrogation. The Fifth Amendment law also provides that the defendant in a custodial case be made aware of the right to remain silent in the interrogation process. This is quite contextual in this case especially considering that Randall Fields was not absolutely given this right. This is despite the fact the Fifth Amendment and the provision of Miranda warning and rights safeguards his rights since he is in legal custody until he has fully served his ten to fifteen year sentence. Buy custom General Introduction to the Case essay

Timberland and City Year Case Study Example | Topics and Well Written Essays - 2500 words

Timberland and City Year - Case Study Example The Timberland brand had existed since 1973 and had shown steady growth since then. When Jeffery Swartz took over in 1991, he applied some basic business expertise to the organization, reducing overheads, cutting inventory, and improving customer service significantly. The result was an increase in revenues from $196 million in 1990 to $650 in 1994. Alongside, Swartz made considerable effort to associate the company and the brand with community service. Swartz developed a distinct relationship with City Year, a fledgling community service corps for young people in the Boston area. Between 1991 and 1994, this relationship strengthened from a supply of 70 boots to a level where Timberland stood committed to providing five million dollars to City Year over a five-year period and Swartz taking a position on its Board. City Year in the meantime increased its spread to six major cities across the US and gained recognition as a national community service receiving 50% of its funds through F ederal grants. Timberland's practice of modern day philanthropy, although good hearted, cannot go without both challenges and criticisms. In the subsequent analysis, we find that the partnership generated benefits and negatives for Timberland because of the inherent and sometimes acute difference in agendas of a for-profit company and a non-profit organization. However, the most drastic problems surfaced in late 1994, early 1995. The loss for Timberland was financial, leaving many employees worried about an uncertain future. Timberland was forced to scale back its operation, laying off a number of employees and outsourcing labor. City Year also faced funding problems, as Congress threatened to withdraw federal funding. Community service with City Year became a major source of tension within the company as employees found it difficult to accept diversion of major amounts to City Year while colleagues lost their jobs in the company. The problem now became whether and how to maintain commitment to co mmunity service in the face of financial difficulties. Literature Review Mason (1993), states that customers may not perceive companies as doing enough even when they are providing good quality at competitive prices. There is increasing emphasis on environment and social involvement among businesses as part of strategy (Fellman, 1999). This concern has been at the root of corporate responsibility discussions that took shape in the Sarbanes Oxley Act, requiring transparency in operations and for companies to demonstrate their commitment to the environment and society through positive action. Studies have shown that customers buy from their business not only based on criteria such as price, quality, and availability, but also other socially responsible acts. According to L&G Business Solutions, a 2001 Hill & Knowlton Harris Interactive poll showed that 79% of Americans consider corporate citizenship when deciding whether to buy a particular company's product; 36% of Americans consider corporate citizenship an important factor when making purchasing decision s. Cause related marketing (CRM) is an accepted and key strategy in

Potential impact of Chimps making spears for hunting on American Term Paper - 1

Potential impact of Chimps making spears for hunting on American Culture - Term Paper Example e developing into a human form, the study of this behaviour of the chimpanzees gives a great deal of insight into the hunting skills and the weapons that might have been used by the early man. (Pruetz JD and Bertolani, 2007) The research was conducted by two anthropologists Jill Pruetz and Paco Bertolani. Dr. Jill Pruetz who specializes in Biological Anthropology is an associate professor of Anthropology. Her research work has taken her to places including Peru, Costa Rica, Kenya, Nicaragua and Senegal. (www.terradaily.com, 2007) The research mainly focussed on the behaviour of spider monkeys, chimpanzees and howling monkeys. The observation of chimpanzees exhibiting predatory behaviour to hunt food has increased her interest to study the influence that ecology might have exerted in developing feeding habits and social behaviour of early man. (news.nationalgeographic.com) She is currently in Senegal undertaking a research funded by the National Geographic Society and the National Science Foundation. Its aim is to study the behaviour of chimps in an environment that is as simulated and close to the condition that existed during the times of the early man. She also co-founded DANTA which is a non-profit organization and is also actively involved in teaching and other conservation activities. (www.anthr.iastate.edu, 2011) Paco Bertolani is a Phd student and an anthropologist of great promise who successfully conducted these research experiments with Dr. Jill and has formulated several key aspects on behavioural policies exhibited by chimpanzees. A dissertation presented in 1994 dealt with the challenges faced by primates in food consumption and their social interaction. In 1997 another dissertation on adoption scenarios being taken up by chimpanzees was also a major achievement. (www.human-evol.cam.ac.uk) Paco also has a wealth of field experience. He was present in 1994-1996 to study the behaviour of forest chimpanzees. In 1998-2000 field studies were also