The Value Of A Jury System Essay -- essays research papers

The Value of a Jury System The Founders of our nation understood that no idea was more central to our Bill of Rights -- indeed, to government of the people, by the people, and for the people -- than the citizen jury. It was cherished not only as a bulwark against tyranny but also as an essential means of educating Americans in the habits and duties of citizenship. By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the Framers sought to install the right to trial by jury as a cornerstone of a free society. The Framers of the Constitution felt that juries -- because they were composed of ordinary citizens and because they owed no financial allegiance to the government -- were indispensable to thwarting the excesses of powerful and overzealous government officials. The jury trial was the only right explicitly included in each of the state constitutions devised between 1776 and 1789 . And the criminal jury was one of few rights explicitly mentioned in the original federal constitution proposed by the Philadelphia Convention. Anti-federalists complained that the proposed constitution did not go far enough in protecting juries, and federalists eventually responded by enacting three constitutional amendments guaranteeing grand, petit, and civil juries. The need for juries was especially acute in criminal cases: A grand jury could block any prosecution it deemed unfounded or malicious, and a petit jury could likewise interpose itself on behalf of a defendant charged unfairly. The famous Zenge r case in the 1730s dramatized the libertarian advantages of juries . When New York's royal government sought to stifle its newspaper critics through criminal prosecution, New York grand juries refused to indict, and a petit jury famously refused to convict . But the Founders' vision of the jury went far beyond merely protecting defendants. The jury's democratic role was intertwined with other ideas enshrined in the Bill of Rights, including free speech and citizen militias. The jury was an essential democratic institution because it was a means by which citizens could engage in self-government. Nowhere else -- not even in the voting booth -- must Americans come together in person to deliberate over fundamental matters of justice . Jurors face a solemn obligation to overlook personal differences and prejudices to fairl... ... jury service. If the jury system is to remain a central institution of democracy and citizenship, it must be refined. Jury trials must attract engaged and thoughtful citizens; the rules of the courts must treat jurors as sovereign, self-governing citizens rather than as children. To this end, we suggest a number of reforms. In many instances, these changes would require no new laws, but merely a willingness on the part of the courts to unleash the common sense of the ordinary citizen. References Alschuler, Albert, "Our faltering jury.," Public Interest, Jan 1996, pp. 28. Culp, Douglass, "Do criminal juries let too many defendants loose?," Vol. 12, Birmingham Business Journal, 18 Dec 1995, pp. 15. Curriden, Mark, "Jury reform.," Vol. 81, ABA Journal, Nov 1995, pp. 72. McElhaney, James, "Jury instructions.," Vol. 81, ABA Journal, Nov 1995, pp. 91. Savage, David., "A jury of your peers.," Vol. 81, ABA Journal, Oct 1995, pp. 40. Zobel, Hiller, "The jury on trial.," Current, Nov 1995, pp. 8.

The Continuing Importance of Affirmative Action Essay -- Argumentative

The Continuing Importance of Affirmative Action    Affirmative action is about to take quite a beating. Prominent Republicans from Phil Gramm to Pete Wilson to Bob Dole all plan on making the attack on affirmative action a central plank of their campaign rhetoric. The Clinton administration, perhaps trying to stem the attack before it begins, recently announced that it would reevaluate the merit of all affirmative action programs. And many of those to the left of Clinton oppose affirmative action--albeit probably for different reasons than those to his right. Considering the overwhelming opposition to affirmative action, it seems improbable that affirmative action would have much to recommend it. Yet this contention deserves examination. There are a large number of factors contributing to a given policy's favorability; it seems unlikely that all aspects of affirmative action, from morality to reality to the gray in between, count as strikes against it. Concerns over fairness to white males seem to be at the root of most opposition to affirmative action. This argument is difficult to counter; it seems clear that affirmative action does amount, strictly speaking, to reverse discrimination. For some, this fact alone is enough reason to ring the policy death knell. Yet this conclusion seems to me hasty. If affirmative action hurts white males only a little, yet helps minorities and women significantly, then we might well decide to keep affirmative action around, despite its unfairness. Private universities commonly employ policies of preference which are sometimes euphemistically termed "development policies." Development means that there is a concerted effort on the part of admissions officers to admit students who come fro... ...(If you are unconvinced of this point, do a bit more reading and thinking.) More than lowering the hiring and admissions standard by which minorities and women are measured, affirmative action works to counteract pervasive racism. If an employer harbors racist, heterocentrist, or sexist views, then being forced to take a second look at minorities and women may counteract that prejudice. Affirmative action, then, may have less to do with lowering the standard by which minorities and women are measured, and more to do with equalizing opportunities given. That sounds to me like sound policy even Newt would find difficult to oppose--policies designed to ensure equality of opportunity. For as long as it has been policy, affirmative action has been implemented with an eye towards equalizing opportunity. A more admirable, mainstream ideal is difficult for me to envision.

Rabindranath Tagore Selected short stories Essay

Profit and Loss This narrative briefly describes the short, sorrowful life of Nirupama. The name signifies ‘peerless one’ and was given to her by her parents, who were gratified with a daughter after having had five sons. Being treasured, her father searched long and hard to find a groom he deemed suitable enough for her. He engaged Nirupama to the son of a â€Å"grand† Raybahadur who asked for a dowry of 10,000 rupees. Even though he had no way of paying the large sum he found such a chance hard to refuse and he procured a way to borrow the money. However once this fell through the prospective husband, despite the wishes of his parents, still insisted on marrying. Once married, the bride’s father, Ramsundar Mitra had to beg to visit his daughter. She was treated spitefully and Ramsundar heard of the contempt and shame that his daughter was suffering and so attempted to sell the house, without the knowledge of his other children. Unluckily these found out and protested, ha lting his plans. Later she asked to come home for a few days, so he gathered a portion of the owed amount, yet the in-laws denied his request. At last he made up his mind to not return until he was in possession of the full sum. Finally he managed this, foregoing the wishes and needs of the rest of his household, however his daughter discovered this and forbade him to pay another single paisa, otherwise she warned that he would never see her again. Her sacrifice infuriated her new family even more, and she became more like a servant of the household, than a member of the family. She no longer cared, neglected her well-being and became seriously ill. Her in-laws refused to believe her illness was legitimate and only pitied her enough to call the doctor the night she died. Unlike their treatment of her while she was alive, her funeral pyre was said to be magnificent. Soon after, the family found a new wife for their son, the dowry this time was 20,000 â€Å"cash down†. Little Master’s Return Little Master’s Return tells of the life of a servant, Raicharan whose life is formed through his duties. He brings up his rich employer’s son, Anukul and in turn his son. During the monsoon season the little boy is insistent to go out for a walk one day, tempted by the gurgling water, he drowns. The dedicated servant is devastated and when the mistress, the mother to the boy suggests that it is perhaps he who stole him for the sake of the gold he was wearing, he leaves out of shame. Returning home, his old wife gave birth to a son. His wife died, and due to his contempt towards the boy, his sister looked after him and called him Phelna. Over time Raicharan convinced himself that this was in fact the little boy returning, ‘little master cannot do without my love: he has been born again in my house’. This conclusion came from several proofs: firstly the interval between the death and birth was short, his wife was thought to be beyond a child-bearing age and the child seemed to crawl, toddle and call his aunt ‘Pishi’ just as his little master had done. With this belief he no longer hated the child, but reared the child like that of a high born, not allowing him to play with the village children and even selling all his possessions in order to enable the child to go to a school for the high class in Calcutta. His fatherly affection to his son was un-doubtable but his devotion was more that of a servant. His son never even told his friends that this was his father and made fun of him behind his back. Due to his age Raicharan resigned his job in the city he had taken to pay for the school and went back to the village, to his old employers. He admitted that it was him who stole their child, but that he was to return in two days. The day came and the family was convinced that the boy, brought up in a manner similar to their own, was theirs. After all, how could have Raicharan have acquired such a boy? Why would the old servant mislead them now? Raicharan described the birth of the boy as ‘fate’, Anukul became angry at Raicharan blaming God yet Phelna asked for his pardon. Raicharan was now to receive a monthly allowance, but when sent to his village the money returned, no one had heard of Raicharan. Wealth Surrendered The story tells of Yajnanath, who although wealthy, lived like the old sages; on impossibly little. His son, Brindaban Kunda, bore with his father’s choice of living until he married. The frequent rows became worse when his wife, who had been seriously ill, died. Brindaban blamed his father for her death as he had refused to pay for expensive medicines as he believed that like before, one should not try to ‘cheat’ death. With this Brindaban left taking with him his four-year-old son. Yajnanath greatly missed his troublesome grandson and when one day a particularly plucky boy was pestering him, he decided to adopt him. Yajnanath spoiled the young Nitai Pal and when a passerby mentioned that a Damodar Pal was looking for his son, he resolved to hide him. During the dead of night the old man took Nitai to the outskirts of the village to an abandoned temple. Lifting up a stone slab he leads him down to a secret cellar in which Yajnanath had hidden all his wealth. He worshipped Nitai in order to leave him his inheritance and left the boy safely hidden. Around dawn he found his own son, Brindaban who, in his shame for his father had changed his name to Damodar. Alarmed the old man collapsed asking, â€Å"If you strain your ears, can’t you hear someone crying â€Å"Father†?† Damodar could not. From then on when Yajnanath asked â€Å"Can you hear the crying?† everyone laughed at his madman’s words. Four years later he died. Skeleton What could have been a tragic love story starts with the account of three young boys studying anatomy from a skeleton. Years later one of the children, now older, is forced to sleep in the room that previously housed the carcass due to guests in the house. In his sleepless desperation he imagines to be able to feel a presence. Knowing that the footsteps he thinks he can hear are simply a fabrication, he calls out. Unexpectedly he receives a reply. The voice belongs to the owner of the skeleton, and is now looking for it. The ‘presence’ lonely and missing human company requests to tell him the story of her life. She starts by briefly describing her short unhappy marriage in which her husband died after two months. Brought back to her father’s house she embarks upon a long tale of her rare beauty and how she was aware of its influence. She even appeared to influence her brothers only friend, a young doctor, who when she was sick would feel her pulse and she would imagine his to equally race. Growing obsessed she fantasized only about him. Not only did she love this young doctor, whose name was Shashishekhar, but she worshipped him and became enraptured. However she soon found he was to be married and benefit a sum of 12,000 rupees. Feeling hurt and betrayed she confronted him and insisted on throwing a grand ceremony. On the night of the wedding she poisoned his drink and dressing her finest in a Benares sari, all the ornaments from her jewellery chest and vermillion in her hair (in order to symbolize that she was married) lay down to die under her favourite bakul tree (the one she used to daydream under) and died. She woke up to find the three young boys playing with her skeleton. And when finally he spoke in the rising dawn, there was no answer. Housewife Housewife is a account of how one’s experiences when young can deeply impact you for a long times. Shibanath, who was clean-shaven, with closely cropped hair except for a short pigtail is a teacher. He terrifies his pupils and is described as a ‘man-god’. Shibanath would give each of his student’s new names. The author’s theory is that ‘people generally love their names more than their own selves’. This is the story of how Ashu, a studious, good-natured boy in his class, acquired his name. Precisely at one each day a servant-girl would bring him a few sweets wrapped up in a leaf, and a little bell-metal pot of water, a daily occurrence which he found extremely embarassing. On a holiday the kind Ashu was playing with his sister who had no other play companions. On this particular day it was the wedding of her doll, however she found no one to be the priest. She asked a passerby, through unfortunate luck this was Shibanath, who was sheltering from the rain under the porch. Alarmed Ashu raced inside, utterly embarrassed. The next day this incident was described to the entire class, so when at exactly one the servant-girl came Ashu usual gentle smile gave way to a deep blush. The veins in his forehead began to throb and he broke down into a flood of tears. He was mocked mercilessly, ‘Housewife, housewife!’ From this he gathered that playing with one’s sister on a holiday was the most shameful thing in the world and no one would ever forget it. The Divide The Divide is a narrative of how a friendship ends between two distantly related cousins. Despite their distant blood connection and difference of ages Banamali and Himangshumali lived next door to each other. Banamali being older, he doted on Himangshumali, pouring all his love and affection on the younger boy. As Himangshumali grew he became interested in reading anything which came his way, through this he acquired his knowledge. Everyday Banamali would sit smoking his hookah on the little garden patio, waiting for Himangshumali to come home from school. As soon and the younger boy had washed and changed they would stroll in the garden together talking. They both loved gardening, Banamali with his heart, Himangshumali with his intelligence. When it became dark Himangshumali talked about the things he read, he thought and what came into his imagination; some correct, some not. Banamali would listen solemnly adding his own thoughts and listening to Himangshumali’s objections, pondering what was said the previous night quietly while he smoked. As it happened the gardens of these two neighbours were simply separated by a ditch, within which grew a lime tree. When the fruit grew and was ripe for harvesting the servants of the two households had a quarrel over whose tree it was. Eventually the fathers of each of friends got involved; this grew into a fully fledged argument between the two. Lawyers and barristers were hired to legally dispute the case. Overall more money was spent than the floods that ran through the ditch and in the end it was Banamali’s father that won. Throughout the court-case the two neighbours sons had managed to remain friends, however once this battle was over Himangshumali no longer came. When Banamali asked at his house, his father responded that no one was home. For a week Banamali waited, and no one came. Taraprasanna’s Fame A highly intelligent and intellectual writer, Taraprasanna spent his time at home writing with weakening eye’s and a bent back. Although thought to be talented, he was shy and socially awkward. He did not understand usual social interactions and would instead stare and wonder. Unlike his wife, the writer was never eager to publish his work, however when the oldest of his four daughters was old enough to soon be seeking a groom, he grew worried and fretful. How was he to raise enough money to marry off four daughters? As a fervent admirer of his work although she did not understand a word, his wife urged him to go to Calcutta in order to publish his work. As she could not go herself, he was accompanied by a ‘worldly-wise man’ from the village in order to assist him due to his peculiar behaviour and remind him of his chores. While there, Taraprasanna published his book, The Radiance of Vedanta and sent it to every editor for review. He also personally sent one to his wife by registered mail, in the fear of it getting lost. She was so overjoyed that Dakshayani invited all the women she knew in the village round for a meal. Taraprasanna even sent one to all the libraries requesting one, as many wrote ‘your thoughtful book has met a great need in our country’, from his own expenses. He even received a joyful letter from his wife, telling him she was once again with child. However he found that as many copies he had sent out, he had sold not a single copy, so finally at a loss he returned home. He brought back with him all the reviews of his book, however his wife as pleased as she was, was eager to see how successful he had been in terms of money. He only returned with five rupees. Dakshayani was heart-broken; all her faith in the honesty of the world had been destroyed. It was around this time that Dakshayani’s health worsened as her confinement approached, the village worried recognised her need for a midwife. So Taraprasanna, desperate approached his friend Bishvambhar, who at his own expense travelled to Calcutta in search of one. As the birth was drawing nearer his wife impelled him to promise and vow on several matters , she also requested that her daughter be called, Vendantaprabha, â€Å"The Radiance of Vedanta†. She thought, ‘ I came into his house to give him nothing but daughters. Perhaps his misfortunes will end now.’ As the midwife exclaimed at the newborn girl, Dakshayani whispered her daughter’s name one last time before dying.

Culture and Anthropologists Essay

The problems that faced by anthropologists in the fieldwork are adaptation to new culture, maintain objectivism and get access to all information from their subjects. Adaptation to new culture is hard, since they have to stay for a period of time and try to live in the way their subjects’ do. Adaptation that done by anthropologists is not only adapt new lifestyle, but also learning their cultural norms and language in order to be accepeted by their subjects as a part of them, not only as a foreigner. For instance, M. N. Srinivas was got disapproval for shaving before bath since in that community, people are shaving after bath (Srinivas, 2002). However, by adapting the culture, anthropologists not only gain knowledge about how the culture is, but they will have better understanding on the culture. Knowing why do people in certain culture do certain activity, how the culture has impacted the people on that community and the historical of the culture as well. On top of that, a better understanding of the culture may assist the anthropologists to produce an unbiased ethnography by avoiding ethnocentrism. Having different cultures, people tend to make a comparison among the culture. It could be inevitable when living with people with different cultures in which values, norms and behavioural acceptance are in different manner. This objectivism is needed when anthropologists faced problem with what they observe. Remain objective could be a bit hard when the anthropologists have an emotional involvement on problems that their subjects’ face. For example, when Claire did the observation on prostitutes lifestyle and have emotional pressure, at some point she need to out from the field, so that her objectivism is remain stable (Sterk, 2009). Other than avoiding ethnocentrism, maintaining objectivism is also required to build a good relationship with their subjects. By the example on what Claire done, the thing that can be learned is anthropologists should not interfere too much on their subjects’ life, and also anthropologists should be able to set a boundaries to limit to what extend they can emotionally interfere with their subjects (Sterk, 2009). The other problem that faced the most by anthropologists is get access to all information from their subjects. In order to find the respondents, anthropologists need to show their respects to gain trust from the leader of that community. The importance of key respondents is to open a path to ommunicate with other members in that community to get more perception of how the norms and culture affect their life. However, the problem is, sometimes anthropologists wrongly identify the key repondents. According to Calire E. Sterk (2009), anthropologists need to be able to find the right person as their key respondents, if not, then the access to information is too narrow, which could cause misinterp retation on the data. For instance, during fieldwork in Rampura village, M. N. Srinivas observed a community that led by a headman that very strict on cultural rules(Srinivas 2009). The headman always watch whatever Srinivas did and limited the access to the members of that community , till the time when he realize that there are two faction and apparently the second faction is more open to foreigners than the first faction (Srinivas, 2009). By reading this case, there is something that can be a learning experience which is before anthropologists do participant observation, they need to know how is the structure of that society, what are the cultural values, norms and belief that they believe in and the most important thing is to know what are motivations to do such a cultural activities and how they do it.

Work and Non-Work Relationship Essay Example | Topics and Well Written Essays - 3000 words

Work and Non-Work Relationship - Essay Example From the discussion it is clear that  for the purposes of explaining the relationship between job responsibilities and family responsibilities, various kinds of conceptual models have been proposed in this regard, and these conceptual models symbolize the diverse viewpoints on how we carry out our respective job responsibilities and family responsibilities. Although, various conceptual models have been introduced for the purpose of explaining the relationship between job responsibilities and family responsibilities, but the five major conceptual models which have been introduced in this regard, includes, segmentation model, spillover model, compensation model, instrumental model and conflict model.  This paper declares that  different methodologies have been used by the researchers for the purpose of assessing the relationship between enhanced work loads of dismissed survivors and their respective work-life balance and work and life contentment. As per a research, employees who face extremely heavy workload, have to face heavy overall role overload as well, and this eventually creates a negative influence on their work-life balance.   Another research was carried out for the purpose of discovering the fact that whether contented employees maintain an effective work-life balance or not, and in this research, the researchers found that flexible functioning approach facilitates employees to stay aggravated, which eventually helps them to accomplish their respective professional and personal goals effectively and efficiently.

Hepatitis C-write on a surgery related to a disorder or condition Research Paper

Hepatitis C-write on a surgery related to a disorder or condition liver transplant chronic hepatitis C can cause liver failure, which would result in liver transplant - Research Paper Example Liver also makes components of bile, which is essential for fat digestion and absorption of fat-soluble vitamins from the gastrointestinal tract. This dominating organ is a hub of all detoxification processes and it is a reservoir for glucose storage, which can be utilized by the human body even many hours after a meal. Considering all these roles of the liver, the devastating consequences can be easily predicted if liver does not work efficiently. Diseases having pathologies, which disrupt the architecture and physiological functional tendency of the liver are those that lead to cirrhosis of the liver. They include Hepatitis B and C, excessive intake of alcohol for several years, deposition of excessive iron in liver, and Wilsons disease. Development of Varices and Ascites is a strong indication of Cirrhosis, leading to liver failure (Chakravarty, 2010). Here, the demand of transplanting normal functioning liver lobe from a compatible healthy donor, steps in. Liver Transplantation becomes essential for survival in cases of Liver failure. Apart from the chronic causes mentioned above, transplantation needs may also arise in acute cases, which are mainly due to intake of drugs having acetaminophen. Liver damage due to autoimmune disease and liver cancers also ultimately require liver transplantation (Chakravarty, 2010). This transplantation surgery becomes the ultimate solution of liver failure, as these patients experience malabsorption of fats and fat soluble vitamins, steatorrhea, hyperbilirubinemia causing yellowish appearance of skin and sclera, and generalized edema due to lack of albumin production. It also causes buildup of toxic ammonia due to lack of deamination process leading to hepatic encaphalopathy, hyperhosphatemia and hypocalcemia causing tetany dua to lack of active vitamin D, variceal hemorrhages and

What does news do and why is it important Essay

What does news do and why is it important - Essay Example Granted that it is the most pervasive, forceful, and most influential force in human societies today, news sources can be a channel of passing ideas unto the public, thereby influencing its viewpoints accordingly. For instance, as indicated by Iyengar and Kinder (1989) television news can be so forceful and influential in shaping the public’s viewpoints concerning the politics of the day. News can influence societies either positively or negatively, but either way, news plays a significant role in society. Brighton and Foy (2007) stated that the relationship between news sources and society has socio-cultural aspects, and the role of news can be explained using three perspectives namely the ‘common sense, the practitioner, and the academic perspective. This paper will examine what news does, and why it is important, using an illustration from the Guardian news organization. News is very important because it informs the general population of happenings in their immediate environment, which might be of primary concern to them because they may be directly affected by these events. According to Manning (2001), news sources have a moral obligation to undertake the task of gathering and communicating to the public what is happening both in their local environs, and across their borders. Focus on local matters enables people to have a fundamental awareness of matters o f importance to them, and in response to news, people may prepare to take actions; for instance, a news report of fatal road carnage at a dangerous hotspot can be a cause for lobbying to fix the problem. News may also cover stories that have a national perspective in distant cities and towns, especially in the context of countries with diversified population centres. Focus on national matters in other cities and towns enables people to get a national outlook or perspective on crucial issues such as trade opportunities and resources for economic empowerment available in other places. Nonetheless, news stories may also be international by covering events in other countries that are not only geographically isolated, but also culturally different and distinct. In this regard, events that may be happening in distant places where people are unable to reach may also be of interest to them; for that matter, news bridges the geographical gap between people and events in distant places, makin g them to feel connected too. News from foreign cultures can be very inspiring and insightful, leading to a fruitful exchange of positive cultural aspects and ideas between different people and societies in general. In this case, news plays not only an entertainment and informative role of relaying distant happenings to local audiences, but also a transformative role by influencing cultural movements within the wider society. Generally, news plays significant functions in society, including raising awareness on local happenings, giving people a national perspective on matters within their borders, as well as regional perspectives in other countries, leading to cultural and ideological exchanges. Consequently, as stated by Schadson (1996) the awareness created through communication of news invokes critical debates and discussions in the audiences concerning crucial issues in society such as policy. In addition, it empowers people to question and even challenge governments by holding them accountable to their policy choices and actions. One example of a news organization that performs its role of informing the masses or the general population of the happenings in their environments and holding those who hold