Thursday, November 28, 2019
Juvenile and Adult Courts A Comparative Analysis free essay sample
For many years, people have believed that the Juvenile justice system was meant to serve as a way to protect the community. Juveniles who commit crimes are different from adults because many do not understand the complexity of the crime committed. In order to respond to these differences, many states have established a way to treat these adolescents through Juvenile courts and youth-based recovery systems. While most states recognize that Juveniles who commit crimes should not be treated as an dult there are still some that are skeptic that the Juvenile Justice system works. The Juvenile Justice system began In 1899, In Chicago, Illinois where the nations first juvenile system was established. In the beginning the system was informal and often times it was nothing more than a conversation between the juvenile and a judge Cuvenile Law Center, 2013). Over the years the system has changed significantly where Juvenile courts have created a probation system which provided a different method to provide Juveniles with guidance, supervision, and education. We will write a custom essay sample on Juvenile and Adult Courts: A Comparative Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page By the 1920s ll but two states had followed the suit but it was not until the 1 960s where the juvenile Justice system was given several of the same legal rights as the adult court. There are many differences between the Juvenile and adult criminal systems but they also share their similarities. While their differences vary depending on the state, the similarities can be said to be our natural born rights. One of the main similarities Is the right to an attorney (LaMance, 2013). The defendant has the choice of either choosing a public defender to represent them or to hire a paid attorney. Both courts ot only give their defendants the right to cross-examine witnesses but also the privilege against self-incrimination. The prosecution must also provide proof beyond a reasonable doubt before either of the two can be charged and convicted (LaMance, 2013). The two also share the right to receive a transcript of the proceedings and the rights to have an appellate court review the lower courts decision. One of the main differences is the overall goal for both courts. While the goal for the adult court is to punish and convict, the juvenile Justice system prefers the method of rehabilitation nd reformation, thus giving the Juvenile a chance to become a productive citizen (LaMance, 2013). unlike adults, Juveniles do not have the right to a public trial and an adjudication hearing Is required in order for the Judge to determine If the minor Is a delinquent. If considered a delinquent, the court then decides which steps should be taken where the best Interest for the Juvenile Is taken Into consideration. The Juvenile court is still more informal than that of the adult court (LaMance, 2013). An example 0T tnelr InTormall ty Is tne rule Tor aamlsslDlllty 0T evidence wnlcn Is mucn more enient in the Juvenile court. Lastly Juveniles are usually not prosecuted for the delinquent acts that he or she has committed. However depending on the severity of the crime and state laws, Juveniles can be transferred and tried in the adult system (LaMance, 2013). The adjudication process in which Juveniles are transferred to the adult system varies by state. While some states enable the transfer of certain juveniles with a waiver, depending on their age and offense criteria, other states consider the Juvenile to be an automatic adult (OJJDP National Report Series: Juvenile in Court, 2013). Although all states allow Juveniles to be tried as adults in criminal court there are a few circumstances that follow. All states except for Nebraska, New Mexico, and New York provide a Judicial waiver where the Juvenile court Judge has the authority to waive Juvenile court Jurisdiction and transfer cases to the adult court. Other states have a concurrent Jurisdiction where the original jurisdiction for certain cases is shared by both Juvenile and adult courts. The discretion under the concurrent Jurisdiction is left to the prosecutor. Statutory exclusion is the legislative method, which mandates Juvenile prosecution in adult court. Youths charged with certain crimes can be placed in the adult system automatically, thus removing any kind of decision making process from Judges or prosecutors (OJJDP National Report Series: Juvenile in Court, 2013). In recent years states have significantly expanded legislation for allowing the use of Judicial waivers. This trend has increased the number of Juveniles incarcerated throughout the United States and has expectations to rise. Having a Juvenile treated as an adult gives them the possibility of life or death sentences and incarceration in state of federal prisons which can have a tremendous impact on the life and future of a Juvenile (Find Law, 2013). Although it may be served as a deterrent to some, sending Juveniles directly to the adult criminal court gives the Juvenile the impression that there is no room for rehabilitation or second chances, thus paving the way for a life of crime for others. Since the late 1970s, critics of the Juvenile Justice courts have pursued to abolish this ystem with the assumption that this system has failed its purpose, to rehabilitate juveniles (LaMance, 2013). Abolishing Juvenile courts holds ramifications for not only juveniles but also the community. Eliminating these courts would mean that all juveniles, no matter the age or crime, would be treated as an adult. Many Jobs and careers would be lost for those who have committed their lives to making a difference in the Juvenile Justice system, Jobs such as social workers, Juvenile detention guards, and Juvenile probation officers.
Monday, November 25, 2019
Sequence of Tenses in Spanish
Sequence of Tenses in Spanish Spanish has two basic tenses of the subjunctive mood in everyday use, the present subjunctive, and the imperfect subjunctive. (Although a future subjunctive form exists, it generally isnt used in speech, its use being limited primarily to formal legal documents.) Fortunately, knowing which tense to use is fairly easy to remember. Verbs in the subjunctive mood are typically in a part of a sentence (a dependent clause) that begins with que, which follows a verb in the indicative mood. The tense of the subjunctive verb depends on the tense of the verb in the first part of the sentence, as indicated in the following list of sentence structures. Present indicative verb que present subjunctive verb.Preterite indicative verb que imperfect subjunctive verb.Imperfect indicative verb que imperfect subjunctive verb.Future indicative verb que present subjunctive verb.Conditional indicative verb que imperfect subjunctive verb. Distinctions in the above list are often referred to as the sequence of tenses. Although there are exceptions as well as instances where the subjunctive mood is used with other sentence structures, these rules take into account the vast majority of cases where the subjunctive mood is used. Here are examples of sentences using each of the above structures: Present Indicative/Present Subjunctive Recomiendo que no estudies cuando comas. I recommend that you dont study when you eat.à ¿Es buena idea que duerma con mi bebà ©? Is it a good idea for me to sleep with my baby?Todo est listo para que inicie el foro. Everything is ready for the forum to begin. Preterite Indicative/Imperfect Subjunctive Intentà © que ellos me entendieran. I tried to get them to understand me.Nunca mereciste que te amara, hasta ahora. You never deserved for me to love you, until now.Era mejor que te ensuciaras las manos. It was better that you got your hands dirty. Imperfect Indicative/Imperfect Subjunctive Yo querà a que cantaran juntos. I wanted them to sing together.Estaba yo en casa y esperaba que lloviera. I was at home and hoping it would rain.No aparecà a que hubiera tomado alcohol o sustancias tà ³xicas. It didnt appear that she had taken alcohol or poisonous substances. Future Indicative/Present Subjunctive Negarà © que seas mi hijo. I will deny that you are my son.Si suspende el examen, dudarà © que estudie mucho. If he flunks the test, I will doubt he studies much.Esperars que llegue la hora del dormir. You will hope that bedtime will come. Conditional Indicative/Imperfect Subjunctiveââ¬â¹Ã¢â¬â¹ Hay 10 cosas que las mujeres desearà an que los hombres supieran sobre el amor. There are 10 things that women would want men to know about love.à ¿Quià ©n dudarà a que tuviera un puesto en el equipo cubano? Who would doubt that he had a position on the Cuban team?Nunca querrà a que le quitaran la medalla. I would never want them to take the medal from him.
Thursday, November 21, 2019
Valuation at acquisition (operational assets) Essay
Valuation at acquisition (operational assets) - Essay Example Tangible operational assets generally include assets that may be covered under the broad category of ââ¬ËProperty Plant and Equipmentââ¬â¢ like land and buildings, machineries and equipments, vehicles, and others. Such assets may be acquired by purchase or gift, or the entity may construct its own assets. Regardless of the method of acquisition, decisions need to be made as to which costs should be capitalized and which cost which should be expensed with. In addition the amounts at which such assets should be capitalize is not clear. Intangible assets have the main characteristic is that they lack physical substance. It is generally difficult to estimate the value of intangibles and there is high degree of uncertainty regarding the length of time over which they will provide revenue or future benefits to the entity. ââ¬Å"In general, the value of an intangible asset lies in its future use, and can be estimated from the incremental profits that such use will through off.â⬠(Farok J. Contractor,2001, page 10)1 The initial accounting for intangibles is largely dependent on whether they are purchased or developed internally. Intangible assets include patents, goodwill, copyrights, trademarks, franchises, organizational costs and others. The general rule to capitalized costs is that the purchase price of an asset and all costs incurred in preparing the asset for its intended use are capitalized as part of cost of the asset. Let us examine the capitalization aspect under both tangible (Property Plant and Equipment) and intangible assets Cost of Land that needed to be capitalized is all the expenditure on its acquisition that is incurred for getting it ready for its intended use. Such costs are purchase price and the closing costs like legal fees, fee of the attorney and registration charges. Some time an old structure exists on land being acquired. Then costs of demolishing such structure and also the expenditure relating to clearing, filling, and
Wednesday, November 20, 2019
Childhood Vaccinations Are they really needed Essay
Childhood Vaccinations Are they really needed - Essay Example Flanders (2000), states the two examples of child's deaths which are connected with vaccination and non-vaccination. According to her article, one of the girls died of Hepatitis B, which kills about 5,000 thousand people in the US each year and the other died after being vaccinated against polio. The main question, asked by Flanders (2000), is whether it should be obligatory to go through childhood vaccination, or should parents be able to refuse from immunization 'to avoid rare, but sometimes, serious, reactions' 'All sides of this debate have the same concerns at heart. They all want children to be healthy and protected. It's just the ways to achieve this goal that are contentious. The fact that vaccines prevent a huge number of illnesses, but have some side effects, makes for a difficult policy question, but not one that hasn't been solved in other areas.' (Allen 2002) At the same time, according to the Allen's article, 'the compensation program provides financial assistance to families to care for children injured by vaccines and helps those families who have lost a child to a severe side effect'. But it should be remembered, that the mentioned system is designed as 'non-fault', which means that it is no need in defining whether vaccine has been defective or the doctor didn't have enough medical skills to prevent side effects. In case no other specific medical reasons for child's death are found, it is supposed that the vaccine has caused it. But it should also be remembered, that ' if the injury or cause of death is not one of a list of known vaccine side effects, the families must provide proof that the ailment was caused by the vaccine'. (O'Meara, 2003) Using the MEDLINE database, it was possible to find the following data: 'There's been a huge decline, and disease rates in adults are now higher than in children," said Dr. Beth P. Bell, chief of epidemiology in the Centers for Disease Control and Prevention (CDC)'s Division of Viral Hepatitis and senior author of a report that appears in today's Journal of the American Medical Association. There were 25,000 to 35,000 cases of hepatitis A per year in this country before the era of vaccination. But in 2003, about 7,600 cases were reported, and the total for 2004 will probably be around 6,000.' (http:/nurseworldmag.com/articles-on-nursing/healthcare.htm) Research methodology The present research is based on comparing the existing literary sources and data in terms of positive and negative effects of childhood vaccination, for finding out the objective and profound conclusion. Theoretical framework The theoretical framework of the present research should be based on the analysis of the available data in relation to positive and negative effects of the vaccinations. At the same time, the main hypothesis of the work is that health care for both groups of children (those who have received their vaccinations according to the schedule and those who didn't) will not be different. The independent variable here is presented by the presence or absence of vaccination among children, while any differences in health medical care for them
Monday, November 18, 2019
Rally Round the Trade Name Essay Example | Topics and Well Written Essays - 1000 words
Rally Round the Trade Name - Essay Example Despite the fact that Gabbyââ¬â¢s surname is Rally, it is not lawful for her to use it for her piazza business in the same jurisdiction as occupied by Rally motors. This is because, for one, a trade name is given under two different laws; common law and trade name registration law according to Tatum (2010). Under common law, an individual who first uses a certain trade name in a particular region for a particular purpose has exclusive rights for that name in the particular areas for that specific purpose. As a result, Gabby is not supposed to use her surname in conjunction with her business in the region. Doing this amounts to violating the law and infringing on trade name rights. According to intellectual property law, it is illegal to infringe on a trade name whether one posses the name or not. The issue of trade name protection goes beyond zones of reputation, expansion, and marketing despite being the first to be used in the region. Since Rally is linked with both pizza and motors, it is not a big conflict as it would happen if Gabby had decided to name her car dealership business as Rally Used Cars. It is unlawful for a similar business owner to possess two confusing names for his/ her business. Therefore, there is no problem with Rallyââ¬â¢s association with pizza if only she does not use her name confusingly. This is because using this name does not imply that people might confuse pizza with cars. However, when two business uses the same trade name in a similar market region this can lead to a lot of confusion. The truth that Herman started utilizing the name Rally around forty years ago, protects him under both trade name registration law and the under the common law. He is also protected by the fact that he started using the trade name in the region first, before Gabby.
Friday, November 15, 2019
Ethical Debates on Cloning
Ethical Debates on Cloning Introduction Over the past few years human cloning has become a great concern, this is mainly because of ethics. There are many great reason that have been presented about why to clone or why not to clone. There have been great results produced by animal cloning. This has made some people suggest that human clones should also be produced. Lots of sources have highlighted the fact that there is a possibility that we can clone a human to replace someone who has died. But there are many moral concerns raised when we speak of cloning humans. Defining Human Cloning Before discussing the topic of cloning we must know what cloning is. There are many views on how cloning can be defined. For example the American Medical Association (AMA) defined cloning as ââ¬Å"the production of genetically identical organisms via somatic cell nuclear transfer. ââ¬ËSomatic cell nuclear transferââ¬â¢ refers to the process which the nucleus of a somatic cell of an existing organism is transferred into an oocyte from which the nucleus has been removedâ⬠(Council on Ethical and Judicial Affairs 1). So basically a clone has the same genes as the cloned. In order to clone you wold take an egg, without a nucleus, then insert the DNA of the person that is to be cloned into the egg. This process is to be done by fussing the egg with the cell, or by nuclear transfer. Then we would make the egg become and embryo by means of electricity or by chemicals. Then we would implant the egg inside the mother for the egg to grow. There are other definitions to cloning. Som e say that cloning is also the production of tissues and organs through growing cells or tissues in cultures along with the actual producing of embryos to be born. This process would be done by using stem cells. When a fertilized egg begins to divide, all the cells inside are similar. However, when the cells start to divide the cells start changing and become stem cells, stem cells are cells that produce different types of tissues and then those tissues will produce organs. We can clone organs by producing stem cells which will then create that organ. But we must understand that when we clone we donââ¬â¢t not get exact copies of the cloned. When we clone, the DNA of the cloned will transfer to the clone but the person will not be an exact copy becausethe clone will grow up in a different environment than the cloned and the clone will have different experiences and different opportunities. And since an individual also adapts based on experiences and the surroundings, the clone will look and do different things than the cloned. How It All Started Before we speak of the good and bad of cloning we must see how cloning started. The idea of cloning was just science fiction until February 1997, when Ian Wilmut, an embryologist, found a way to clone a lamb, its name was Dolly. After this experiments conclusion was published we were introduced to a new possibility.Previously, cloning was thought to be unachievable but because of this experiment there has been proof that cloning can be accomplished and we have the knowledge and technology to do so. The first successfully cloned mammal was Dolly and since then there scientists have made improvement to the cloning technology and procedure and know people have been able to create clones such as; mouse, cattle, goat, pig, deer, rabbit, cat, mule, and horse clones. Even though technology has improved he chances of successful clones is very slim. For every 100 experiments only one, two, or if lucky, perhaps three appear to produce a viable offspring in surrogate mothers. There has been no actual proof of why the chances are really low but some researchers say that this is only because we have recently been introduced to cloning, and it will take a while for our technology to evolve so that there is slight chances of error. There has been no evidence that we can successfully create a human clone. But recently is South Korea some scientists were successful in creating stem cells from human embryos that were cloned. This experiment has started to make people think that a world were cloning humans is common, is not far away. Positives of cloning We could kill bad genes:Genetic illnesses are deadly killers and soon they might just be the thing that causes most deaths. Since humans will continue to reproduce and create life the damage to DNA lines will increase. Damages to DNA line cans create mutations and dangerous genes, but this threat to our life could be easily eliminated if we clone healthy human cells. We could recover faster after life threating injuries:After someone has been in a terrible accident the complete recovery of that person will be near impossible but that person may be able to heal properly by cloning their own cells to recover the damaged area. No more infertility:Even though there are infertility treatments, what would happen if an infertile couple had a child? The couple would then be able joyfully experience having a family without join through painful procedures, to make themselves fertile. Potential Harms and Disadvantages We could age faster:à Because an older cell is often being used to create a human clone, there is the possibility that this imprinted age could be placed on the growing embryo. This would then create premature aging issues and potentially even premature death, all because of the cloning process. Less individuality:à Even though a human clone is only a genetically exact copy of the cloned person the cloned person might have a loss of individuality since a clone is basically a genetic twin of themselves, not matter how different the two might look. Value of human life might be reduced:If we do clone there will be a possibility the some people might that humans are more of commodity than they are priceless. For example if a couple does not like their child they could just clone a better one, to suit their needs. It might also create a social hierarchy where perfect humans are at the top and the other humans, naturally made are at the bottom. We Should Clone A lot of people have difficulties having children but if we could clone then there would be no difficulty. For example; a couple has their first child but then they find out that they are now infertile and wonââ¬â¢t be able to have more children. The process of cloning would let the couple have more children and if they want they could even have a genetic twin of their first child. We Should Not Clone If we do clone there is a chance that the clones will be looked down upon.If we create a clone just so the cloned might get a kidney or bone marrow we have to ask out selves if the parents will look down upon the clone because the only reason he was born was to give a kidney. If the parents do think lower of him then that will result in negative self-esteem and might lead to more homelessness. But there is an even bigger problem what if someone creates perfect soldiers? If this does happen then the world will become corrupted because people will attack others more often and we would start wars. And if the one who wins the war at the end will rule the world and it is not a good thing to let someone who has committed genocide take over the world. Alternatives to cloning Cloning organs for others and for research Advantage(s) Since there are people in the world who need organs, we could transplant cloned organs so no natural human needs to donate an organ. By cloning organs we could replace non-functional organs with going to the trouble of finding a proper donor. If we clone humans and get clones, we can do studies on their bodies to see how a normal human body works because we are not actually harming a real human just a clone. Disadvantage(s) If we create clones or even parts for research most will consider it unethical. We should not look down upon clone, clones are also living creatures and they should be treated just like their cloned counter-parts. Cloning cells Advantage(s) Some scientists believe that by injecting cloned healthy heart cells into damaged heart tissue will lead to healing of the heart (Human Cloning Foundation). If we clone and create stem cells we could inject those cells into the human body and prevent things Alzheimerââ¬â¢s or Parkinsonââ¬â¢s disease. There are many great things that could come from cloning but if cloning is not allowed then we could never be able to stop terrible diseases. Disadvantage(s) We donââ¬â¢t have a clue about the negative effect of cloning in the long run.Before cloning we should figure out what could go wrong and try to fix it.In an evolutionary standpoint, cloning is not good. Evolution relies on a continual mixing and matching of genes to keep the gene pool alive (McCormack). With cloning, the natural process of selection of genes would be bypassed and evolution would be impaired. Cloning animals that can be useful for our lives Advantage(s) We already give animals no rights and think we are better than them so why not continue? By cloning animals to create a perfect animal we can get what we want. For example if we clone a poisonous animal we can take its poison and study it and we can also invent medicine to cure poisons form a clone animal so we wonââ¬â¢t have to harm a real animal life. Disadvantage(s) If we do clone it would lead to loss of individuality, even for animals. This will be because the animal that is cloned will have its genetic conditions known. This could be a great stress to the clone and possibly even the loss of ability to choose for itself (Council on Ethical and Judicial Affairs 5). When a farmer knows if an animal has a genetic problem or not he will then decide to keep the animal or to kill it. After all animals do have a mind of their own and they should be allowed to be free in this world My Personal Recommendation After doing some research on the possibilities of cloning, I think finding out how we can clone was a great advancement of knowledge. Even though I think cloning is something that could be helpful for us I donââ¬â¢t think we should find ways to make life besides to natural way. I think we should use the knowledge of cloning to create new organs and cells. I am on the side of cloning cells and organs because I donââ¬â¢t think of it like cloning complete creatures.If we do this it would increase our knowledge of the human body as well as letting us save lives. Conclusion The knowledge of cloning that we have could change the world for ever or if it is banned it could have minimal effect on our daily lives. Cloning is a process that would create human life form asexually. When a clone is born it will have the same genetic material as the cloned, this could be a great thing for humans. But some think that it is unethical to clone. And because people think that cloning is unethical, many countries have banned cloning. In turn it has caused advancement in technology for cloning to slow down. Even though there is still a lot we donââ¬â¢t know about cloning I think it can be used for the good and will one day benefit us.
Wednesday, November 13, 2019
Arthur Koestlers Darkness At Noon :: essays research papers
Arthur Koestler: ‘Darkness at Noon’ Revolutionary and political ethics ‘Darkness at Noon’ is the second novel of a trilogy, which revolves around the central theme of revolutionary ethics, and of political ethics in general: the problem whether, or to what extent, a noble ends justifies ignoble means, and the related conflict between morality and expediency. The theme of the novel relates to the ever-present predicament faced by the leaders of any political party or revolutionary movement, from the slave revolt in the first century to the Old Bolsheviks of the nineteen thirties. Revolutionary ethics or the issues faced in revolutionary movements are timeless, and as an incentive to writing his novel, Arthur Koestler was troubled by this theory, and also by the regime of terror that was governed by Stalin this century. This issue of whether a noble end justifies ignoble means is the revolutionary predicament that Koestler refers to, and was the question that he aspired to resolve. From the sixth hour until the ninth hour darkness came over all the land. About the ninth hour Jesus cried out in a loud voice, ‘Eloi, Eloi, lama sabachthani?’ – which means, “My God, My God, why have you forsaken me?’ (Matthew 27:45-46) Darkness at Noon is a fictional account of the truth behind the Stalinist State at the close of the infamous Moscow Show Trials in 1938, where forty-eight of the fifty-four on the executive of the Communist Party were dead. All members of the party knew that Lenin and Trotsky had been the real leaders of the Revolution and consequently they did not accept Stalin as the successor to Lenin. So accordingly, as Stalin was aware of the aspirations against him, as he consolidated power it became more dangerous to have known Lenin. The result of this was that over 70% of the Seventeenth Party Congress, which was held in 1934, had been arrested and executed; in Stalin’s opinion, these people had outlived their usefulness. Through the thoughts and actions of the main character, Nicolas Salmanovitch Rubashov, an Old Bolshevik, the Soviet politics between 1917 and the Stalin era were outlined. The party’s transformation disturbed Rubashov, as a member of the party, but he did not wish to be expelled, so he continued to work with the Party against his conscious. Rubashov did everything that was asked of him, and therefore in essence he was a loyal Party member.
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