From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point
The use of diction and syntax in this section creates an irritating atmosphere to stress the annoyance of the Columbian Guards. Larson’s evocative word choice for “disease” emphasizes the visitors' contagious curiosity as if they were part of a newspaper press. This displays to the readers as a stressful event for the Columbian Guards as they’re continuously “hammered with questions.” Furthermore, syntax was used in “the fair was so big, so beyond grasp” to create a fragmented and tiring effect for the readers due to the unimaginable pool of people inside of the fair. The fragmented phrases were embedded again in “it was a disease, a rhetorical smallpox” to convey the Columbian Guards harsh depiction of the visitors' nuisances.
“Rough Justice,” V. “New York Times,” The article “Rough Justice” by Alejandro Reyes and the New York Times editorial “Time to assert American values” analyzes the debate about Michael Fay’s caning case. Michael Fay, a teenager living in Singapore, received a canning for vandalism. The author of the editorial believes this punishment is too harsh, while Reyes believes America has no right to impose its values on another country. In the editorial, the author is more persuasive while in “Rough Justice” there are more rhetorical appeals. In the editorial, the author used rhetorical devices to persuade the audience.
“Home Court,” by Jose Olivarez, is a poem that emphasizes the pain and suffering that all the kids had, after the loss of Cesar and Oscar’s dad. They play basketball to get out their anger and heal their suffering. The poem uses different forms of figurative language. One form of figurative language is a simile, it is used to express the grief of the children. One example is “we held the ball like rosary beads and prayed with our hands.”
Textualism, as Antonin Scalia describes it, is inconsistent in its nature. While he first claims that a good textualist would never interpret the law with the legislator’s intent in mind, Scalia later violates his own convictions by allowing for corrections of Scrivener’s errors. In principle, correcting Scrivener’s errors requires the judge to think about what the original writer meant to say with the statute, not the literal meaning of the text. This may mean adding a single additional word to the statute, but something as deceptively simple as one word could have drastic effects on the meaning of the law. Therefore, Scalia cannot claim to account for Scrivener’s errors while also chastising methods of interpretation that consider what the
The film does an effective job in accurately portraying the events that occur in a criminal court case, which consist of “choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury deliberation and verdict” according to FindLaw.com. To begin, Dawson and Downey are charged before the trial can take place, with the murder of Private William Santiago. This demonstrates the pre-trial step of arraignment or initial sentencing. Although the process of selecting a jury is omitted, it is briefly referenced. Kaffee does in fact mention that the jury will be made up of other Marines and officials qualified to preside over the case.
Though the supreme court ruled in favor of the Majority Opinion, Chief Justice Roberts created a very effective argument by molding his logos carefully and taking a more objective stance in comparison to his counterpart, Justice Scalia. Roberts begins his dissent by asserting what the true exigency at hand actually is. For his audience to properly interpret his argument, it is crucial for him to differentiate the court’s responsibility from the claims of what it may be. Roberts denies that the court has any place to be deciding whether or not true at this moment in time. He states, “Such a conclusion involves no judgement on whether global warming exists, what causes it, or the extent of the problem.”
The Martian Chronicles written by Ray Bradbury has many different types of stories that all revolve around each other and each are based upon the same idea. They are based upon Earth becoming a place where people no longer want to live and how they expand to the planet Mars to live. In his stories Ray Bradbury shows the dark side of life in many different ways. He uses the theme of change, the imagery of fire and dryness, the fear created from isolation and sadness and the greed humans to show the dark side of life. Some of Ray Bradbury’s stories show the dark side of life in different ways.
Mark was working his normal day job when he was given an assignment to find the missing person and the money that is part of the law firm’s private account. He has to quell the situation and be clandestine with it, so it does not end up on the news. In the novel Pleading Guilty, Mark Malloy has to go on a mission to get back the law firms money and be inveterate searching until everything is found. The title of the book fits the novel for three crucial reasons, which are what happens towards the end of the novel, the setting the court, and Mark hunting down the evidence.
Parker, Emma English 254 Experiment 3, Draft 2 14 May 2024 Experiment 3 Common interests, specialized vocabulary, and unique communication patterns define a discourse community in the criminal justice sector. The genre of legal briefs is essential to this community because it shapes discourse and has an impact on system decision-making. This experiment examines how legal briefs function as a key aspect of discourse within the criminal justice community, focusing on their role in representation and reception, and their contribution to the community's specialized vocabulary and communication practices. The criminal justice system is a complex organization with many different stakeholders, such as legislators, police personnel, attorneys, and
Introduction Finders keepers, losers weepers is a childhood adage that means whatever is found on the school playground can be kept but there is no principle of law that supports an individual is entitled to keep something he finds, while the original owner bears the loss. The premise when something is lost by one individual and found by another has been expressed in various ways over the centuries.
500 English Sentences Case Study 1. Discuss the differences types of frame used by Scott and Mr. Honda in the conflict situation. In this case, Scott is an American who is a qualified person in the teaching of English and being asked by Mr. Honda to do some editing of the textbook for republication. He was willing to help Mr. Honda to improve the manuscript because he thinks that there are many errors in the textbooks
Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.
(Give example of this leading to confusion). Professor JC Smith upholds that the law is a “rag bag of offences, put together with no thought”. Yet, the Law Commission issued a draft bill suggesting reforms to the structure. This draft replaces the offences with four clauses in order for the law to be in one place making it easier to follow and apply. For example, s.18 will be replaced by clause 1: intentionally causing serious injury to another person.
There are unquestionable sections of offences taken into consideration when determining the facts and giving orders in court. These can be an action of wrong doing or a crime which an individual did up to his/her choice without a conscious thought. Diminished responsibility can minimise a crime from a maximum sentence to a lower sentence of manslaughter. Diminished responsibility involves a person murdering another person and the person who committed the crime will not be declared guilty of murder, if they are declared mentally unstable. For example, a less advanced state of mind or someone who might have been involved in an accident and his or her mind persuades them to commit a crime.
