Tuesday, December 24, 2019

Essay on The 5th Amendment - 698 Words

nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;The 5th Amendment nbsp;nbsp;nbsp;nbsp;nbsp;Basically, the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jurys permission, except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You cant be forced to testify yourself. That no one should be executed, jailed, or have property seized without a legal precedent. Also you cant be put through cruel or unusually punishment. If private property is seized for public use, that the owner must be compensated for their losses fairly. It also forbids deprivation of life, liberty, or property†¦show more content†¦nbsp;nbsp;nbsp;nbsp;nbsp;This is also the amendment that protects citizens from manifest destiny. That is the federal government simply taking land or other property of citizens without giving anything back. In fact, the Constitution states that the owner shall be compensated a fair value of the item or items taken will be paid to the former owner. This is called Emient Domain. nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;5th Amendment Supreme Court Cases nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;MIRANDA v. ARIZONA 1966 nbsp;nbsp;nbsp;nbsp;nbsp;The defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney. The defendant was not given a full and effective warning of his rights before the the interrogation. In this case Miranda was not ckarged and was sent free because he had no awarence of his rights. Since that day for the the police had to read your rights. nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;CLARENCE EARL GIDEON v. LOUIE L. nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;WAINWRIGHT, Director, Division of Corrections 1963 The was charged in a Florida state court with having broken and entered a poolroom with intent to commit aShow MoreRelatedThe 5th Amendment706 Words   |  3 PagesThe 5th Amendment Basically, the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jurys permission, except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You cant be forced to testify yourself. That no one should be executed, jailed, or have property seized without a legal precedent. Also you cant be put through cruel or unusually punishment.Read MorePersuasive Essay On The 5th Amendment1174 Words   |  5 Pagescitizens. The framers of the Constitution ensured that the government would be just, and protect its citizens from internal discord. The Bill of Rights is the first 10 amendments in The Constitution and are to be our most basic of rights. The 5th amendment states â€Å"life, liberty, and property without due process of the law†. The 5th Amendment protects people from being held for committing a crime unless properly prosecuted, from being tried twice for the same crime, from being forced to testify againstRead MoreEssay on Double Jeopardy - the 5th Amendment1179 Words   |  5 PagesConstitutional Law Unit 8: Double Jeopardy Jesely Rojas July 13th, 2010 â€Å"The 5th Amendment is an old friend and a good friend, one of the great landmarks in mens struggle to be free of tyranny, to be decent and civilized.† William O. Douglas Prepare a paper analyzing why, under certain circumstances, two state trials in two different states for the murder of the same person will not violate the Double Jeopardy Clause of the U.S. Constitution.   Also, analyze why, under certain circumstancesRead MoreMandatory Inclusionary Zoning Violates The 5th Amendment Essay1748 Words   |  7 PagesTiffany Mason December 7, 2016 BUS 201 – Brown The Unconstitutionality of Inclusionary Zoning Mandatory inclusionary zoning violates the 5th and 14th Amendments. Lack of affordable housing across the country is an issue that has gained national attention, and some areas in the country have resorted to zoning strategies to address the problem. For example, builders in Seattle who take advantage of the Incentive Zoning program will receive additional floor area in exchange for including affordableRead MoreInterpreting The 5th Amendment And The Rights Of A Free State, The Right Of The People1484 Words   |  6 PagesInterpreting the 2nd Amendment and how to define â€Å"A well regulated Militia Being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.† Has been a constant battle between the courts and Citizens for years starting with United States v. Miller, 307 U.S. 174 (1939) In US VS. Miller the defendant Jack Miller and Frank Layton were accused of Knowingly, and Willfully transporting firearms over state borders without proper Documentation. Read MoreThe Impact Of Civil Justice System On The United States1287 Words   |  6 PagesThis paper will provide a written analysis of the impact of the 4th 5th 6th 8th and 14th amendments in the processing of criminals through the justice system, and the impacts it has in the criminal justice system’s due process and processing of an offender. The process of which the criminal justice system protects defendant’s and victim’s rights is called the Due process. I will attempt to explain how the due process is applied to the U.S. Constitution, to include giving examples, explain the proceduralRead MoreKing Case Study Individual Paper978 Words   |  4 Pagesdescription will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices t hat contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regardsRead MoreThe Cell Phone Education Regulation Act872 Words   |  4 Pagesschool officials’ decision to keep the cell phones which are confiscated during the random searches, violate the 5th Amendment of the Constitution which guarantees that before any power or authority can take a person’s life, liberty or property, there must be constitutional safeguards set in place? Aren’t the students and their parents afforded due process under the 5th and 14th Amendments of the Constitution which provides the right to receive with ample notice and reason why the Cellular EducationalRead MoreThe Right Against Self Incrimination1184 Words   |  5 Pagesor not they fully understand what is going on. Something that I see people blindly latch on to is the notion of pleading the 5th makes you guilty. While at the surface this may seem like a valid point, the accusation falls apart the deeper you look. This is why I d like to show why pleading the 5th is not an incriminating phrase by giving the history of the 5th amendment, how the Miranda rights came into play, and a case where this theory of automatic guilt was disproven. The right against self-incriminationRead MoreProcedural Due Process Of Law980 Words   |  4 PagesStates, and it is a big deal to many Americans. Think of all the privacy laws, and the personal space that we all like to enjoy, due process plays a key role in securing that freedom. Due process gave way in many amendments one of which would be the sixth amendment. This amendment makes it clear that every American citizen is entitled to a fair, speedy and public trial; the right to an impartial jury; the right to be informed of the nature and cause of the accusation against him or her; the right

Monday, December 16, 2019

A commentary on a passage from Mary Wollstonecraft Shelley’s Frankenstein Free Essays

string(248) " the superior beauty of man† is written in, what is to us an arrogant tone, as we feel that Frankenstein is much too biased towards â€Å"man†, although voicing the general convention of the time that humans were the peak of creation\." The passage from Mary Wollstonecraft Shelley’s â€Å"Frankenstein† is a warning to society that we cannot let science get too far out of hand; that knowledge entails social responsibilities. She writes in the style of the 19th Century Romantic Movement, portrayed though her long sentence structures punctuated with commas, colons and semi-colons. The syntax is often inverted from that of modern writing; word use is also different from that of modern writing. We will write a custom essay sample on A commentary on a passage from Mary Wollstonecraft Shelley’s Frankenstein or any similar topic only for you Order Now The passage is written in first person narration, which means that the reader rarely sees anything outside of the narrator, that is from Frankenstein’s perspective. Hence the tone of the writing is mostly reflective and self-critical, but is frequently changing throughout the passage. The passage is very â€Å"Gothic† and explores indecisiveness, horror and pity. The passage commences â€Å"I sat one evening in my laboratory† which conveys a feeling that there is nothing unusual in his sitting there. The word â€Å"evening† is the height of the line, thus stressing the time of day. The â€Å"evening† is often associated with dying and mystery, and so a sense of murky mystery is immediately created in the passage with the â€Å"the sun had set, and the moon was just rising from the sea† which depicts a clear picture of the atmosphere. It illustrates a time of transition, and is a metaphor reflecting the indecisiveness of the scientist, Victor Frankenstein. It is also a reference to nature, which is, along with the long sentence structures of the passage, typical of the 19th Century Romantics. Shelley often uses this long structure to make our voice rise and fall on certain words, so we accent some of them. It makes us concentrate and pause on certain words of importance. The words â€Å"idle† and â€Å"pause†, which are still a continuation of the long first sentence, slow down the sentence reflecting the actual notion of being in thoughtful pause. Next, the sentence continues on to stress the word â€Å"labour†, which explains to the reader what the scientist was thinking about. His contemplation is described with a metaphor present in the beginning of the next sentence, â€Å"a train of refection†. He is, in particular considering â€Å"the effects of what I was now doing†, which implies that his present work could have major effects, and he perhaps has not yet considered them fully. â€Å"now doing† is an example of inversion, as we are accustomed to write ‘doing now’ in modern English. This again shows a characteristic of writing in the 19th Century Romantic genre. The tone of the passage is soon turned from reflection to one of regret. The phrase â€Å"bitterest remorse† is used to describe the absolute regret that scientist felt for the action which he had been â€Å"engaged in† three years ago. From his thoughts it becomes apparent to the reader that he had â€Å"created a fiend† three years before and that he is currently creating another. From this we can see that Frankenstein is bitter at both the monster, potentially wanting revenge, and also at himself for creating that monster. The uses of the word â€Å"fiend† shows that Frankenstein believes that the monster is an evil, devilish creature. It is here that we feel that Frankenstein has perhaps gone too far with science, misusing the power of knowledge for self-indulgences, and now reaps the product of this self-indulgence. It portrays how unpredictable and potentially disastrous playing with nature and creation can be. This was a conventional belief of the 19th Century Romantic movement. The narrator then goes on to describe the â€Å"fiend† as having â€Å"unparalleled barbarity†, an example of hyperbole, which implies that the monster he has created is so hideous that he is even odd in his barbarity. However, it can be felt that Frankenstein does not directly blame the monster for his devilish character, but rather its â€Å"unparalleled barbarity†. This implies that the monster became barbaric and evil through circumstances, such as not belonging or being able to relate to anything or anyone, rather than through his basic nature. Frankenstein’s uncertainties are further expressed when he illustrates that he is â€Å"ignorant† of his female creation’s potential disposition. He hypothesizes that â€Å"she might become ten thousand times more malignant than her mate†, displaying how evil the creature could be. Shelley makes us pause on the word â€Å"delight† to further describe the possible evil of the creature, as she continues in the sentence to describe that the â€Å"delight† is in â€Å"murder and wretchedness†. This is the first time in this extract that the gender of the new monster becomes apparent. Also, while it is implied that the original monster, was involved in â€Å"murder and wretchedness†, it took no delight in it nor did it for its own sake. As well, to get his point across, Frankenstein again uses hyperbole in order to create an impression of his fear and uncertainty as â€Å"ten thousand times more malignant† implies that any atrocity could occur. â€Å"He had sworn to quit the neighbourhood of man, and hide himself in deserts†. In this line the reader realises that the monster has asked Frankenstein to create a female mate for him, because of his loneliness and desperation; and for this we have pity for the monster. Frankenstein suggests that the female monster might refuse to leave human civilisation, further expressing his doubts in persevering with his â€Å"labour†. Frankenstein’s thoughts reflect the fact that this female creation â€Å"in all probability was to become a thinking and reasoning animal†, but at the same time lower her to the status of a savage â€Å"animal†, and so, once again, demonstrating his loathing of the original monster. â€Å"the creature who already lived loathed his own deformity, and might he not conceive a greater abhorrence for it when it came before his eyes in the female form?† – is Frankenstein’s consideration for the fact that the two monsters might have a loathing for each other. This view is probably originating from 19th century social belief that the female’s main function was to look attractive and be obedient. â€Å"She also might turn with disgust from him to the superior beauty of man† is written in, what is to us an arrogant tone, as we feel that Frankenstein is much too biased towards â€Å"man†, although voicing the general convention of the time that humans were the peak of creation. You read "A commentary on a passage from Mary Wollstonecraft Shelley’s Frankenstein" in category "Papers" Thus, we feel even more pity for the monster. In a way, this is once again Shelley’s way of reflecting society’s view of women in her time. Women, like the monster created, were lonely, helpless and had no power. The monster has no choice for a mate other than another of his kind, a kind whose appearance he finds horrible. He is helpless. Frankenstein also suggests that â€Å"she might quit him, and he be again alone, exasperated by the fresh provocation of being deserted by one of his own species.† This suggests that the monster is destined to be alone, deserted by even his own kind, simply because of his appearance. The second paragraph of the passage mentions the â€Å"deserts of the new world†, which returns us to the theme of the Romantic writer’s exploration of nature, with the idea of â€Å"new world†. Even so, the tone of the paragraph soon changes to one of fear. There is a shift from the sympathy of the previous paragraph, and Frankenstein’s fear becomes apparent. He soon talks about how one of the first â€Å"sympathies for which the daemon thirsted would be children†. The description of the monster as a â€Å"daemon†, once again depicts Frankenstein’s view of the monster as being purely malicious. He fears that a whole â€Å"race of devils would be propagated upon the earth†. Frankenstein fears that this â€Å"race of devils† would make the human race â€Å"full of terror† or, at worst, destroy the human race. Then, changing into a tone of nobility, and even a hint of egoism, he asks himself – â€Å"Had I a right, for my own benefit, to inflict this curse upon everlasting generations?† From this he implies that the world depended on his action, and that he should not be selfish for his own safety, which is a change from his previously self-centred thoughts. He refers to the monster as a curse, an indication of its perceived position, and perhaps also the theological implications of the monster’s presence. However, Frankenstein does not mention the best possibility of his situation – that the monster would just quietly go, and remain out of the reach of human civilisation. The description, nevertheless portrays Frankenstein’s view of the monster as being malevolent, as well as his discontented belief that the monster would show any sympathy to the human race. Frankenstein realises how craftily the monster had lured him into making the female monster, with the â€Å"sophisms† put forth. Despite all of the disastrous results of Frankenstein’s creation of the original monster, and Frankenstein’s fear and horror, the monster managed to persuade Frankenstein through a combination of sophisms and â€Å"fiendish threats† to create him a female mate. Again Frankenstein realises the potential importance of his actions, and the fact he could become famous for his self-centred actions. Here the cunning of the monster becomes apparent to the reader, but a sense of pity is still felt for the monster, who could relate to no one. The next paragraph is commenced with an ambiguous statement, â€Å"I trembled, and my heart failed within me†. We are left with a sense of uncertainty as to the source of all this terror – was it the fear of creating the monster he was working on, or the fear of the monster that already lived? This is answered later on in the fifth paragraph of the passage where we find that it is the thought of resuming his â€Å"labours† that is the cause. On â€Å"looking up†, Frankenstein sees the monster at the window. The tone of the passage at this point changes to one of fearfulness and absolute terror, reflecting how weak Frankenstein is compared to his creation. This fear is reflected through the description of how â€Å"a ghastly grin wrinkled his lips†. The word â€Å"ghastly† reflects the fact that the monster is not ‘human’, rather a mythological savage. The monster is described as having ‘allotted’ the task of creating the female monster to Frankenstein. The use of the word ‘allotted’ implies that the monster has gained power over Frankenstein, through terror and cunning. Frankenstein’s fear is further conveyed when we find that the monster is, through his desperation, ‘stalking’ Frankenstein, to ensure that he attains his female companion. Frankenstein then tells us that the monster had an expression of â€Å"the utmost extent of malice and treachery.† At this point of the paragraph, Frankenstein kills all sympathy that we had previously felt for the monster, portraying him in the dimmest, most horrific light. Hyperbole is also being used, to exaggerate this effect. This treacherous look leads Frankenstein, to come to his senses and destroy the monster in a fit of rage. He describes himself as â€Å"trembling with passion†. He is so overcome with rage and fear that he trembles. His enraged strength is enough to tear the monster to pieces, again demonstrating the intensity of his anger, fear and horror. The destruction of this female creation was the destruction of all chances of happiness that the existing monster could grasp. The monster is now referred to as â€Å"The wretch†, making him seem helpless. Calling him this also projects the fact that all happiness has been destroyed. This is a contrast to his previous descriptions as a â€Å"daemon†, an image of strength. The monster again becomes subject to the sympathy of the reader. The monster is described as giving a â€Å"howl of devilish despair†. By howling, he is reduced to being almost an animal. The fact that he is howling with revenge implies that he has not yet been defeated, and Frankenstein has perhaps secured his own downfall. As well, the device of alliteration is evident here: the two ‘d’s in â€Å"devilish despair† emphasising the plight of the monster. The fifth paragraph switches back into a tone of reflection. He speaks of never resuming his labours again, making a â€Å"solemn vow†. From this we see the absolute remorse Frankenstein feels in his heart for creating the first monster, as well as his sense of absolute helplessness. The next paragraph is a contrast to the rest of the passage. It is written in a lighter, Romantic tone, presenting a sense of calmness and tranquillity. It is a description of nature, another trait of the 19th Century Romantics when he describes a ‘few fishing vessels alone speckled the water†, portraying how nature can overcome man. A sense of mystery is created as the paddling of oars and a person landing their boat near Frankenstein’s house interrupts this calm. The arrival of the boat is shortly followed by the slow opening of a door, the creaking of the door suggests the slowness, which creates a sense of imminent peril. We are left with a sense of mystery, as even though we predict that it is the monster, we do not know who is at the door. How to cite A commentary on a passage from Mary Wollstonecraft Shelley’s Frankenstein, Papers

Sunday, December 8, 2019

Community Development and Human Dignity

Question: Discuss about the Community Development and Human Dignity. Answer: Introduction The term human dignity means behaving and respecting other people in ways that make them feel, important and valued (Hartman Kiely, 2014). This is irrespective of their religion, race, gender, capacities or other traits that make people different. Community development is a profession that involves social work. Community development is a way of working with communities to increase their ability and capacity to find solutions of their own to issues that they encounter with. Concerns to do with human dignity are what community developers do on a daily basis. Community developers in the in the course of their caring and professional relationships with associates, poor and other clients and complete strangers, they are supposed to treat each and every life that is touched by every human life that is part of their activities with dignity. Dignity is one of the essential values that drive the community development profession. Other values include service to humanity, social justice, compe tence and integrity (Hugman, 2013). Working with indigenous communities is a unique role undertaken by community developers since many of the indigenous communities struggle with problems which are enormous. The problems that community developers face are challenging, and intervention at individual level becomes necessary. For instance, when a child from an indigenous community comes to the community developer attention at the child protection service, then the community developer has to decide what to do. This occurs when the child looks underfed, is of ill health and the living standards at home are poor. The most significant thing that the community developer should do is to ensure that the child is safe and meets their interests. In practice, this means that the community developer is in addition to dealing with the child also should scrutinize their parents concerns in a broader social and community patterns. In a situation like this, there is a likelihood that the employment opportunities in the community are few , alcohol consumption is high which results in violence making the cycle of a cycle of destruction restart all over again. It is the role of community developers to help communities find the strengths and solutions which are consistent with human rights (Hartman Kiely, 2014). There are interventions that community developers should consider to find solutions to protect children from indigenous children (Hartman Kiely, 2014). One of the ways is to consult the communities their opinion on how the problem may be solved. This enables community developers to understand what the people in a community want so as to know the measures that one can take. Some people may bring an argument that the end justifies the means and that community developers need to act immediately to stop any violence against child abuse that comes to their attention (Hugman, 2013). This means that community participation and consultation get forgotten and are time-consuming or disregarded intentionally. However, community developers in such a case believe that the ends do not simply justify the means. One thing we can learn from good community development is that the process is equally important to the outcome because communities learn to solve their issues (Cecilia Deneulin, 2012). Community development profession addresses issues related to indigenous communities and people in various ways now and the future. Today community development curriculum spends a lot of time identifying skills for working with indigenous communities and people in the context of social, historical, cultural and economic considerations. Future community developers will well verse with problems that indigenous clients encounter and will be able to identify a way to solve them (Lee, Kjaerulf, Turner, Cohen, Donnelly, Muggah, Waller, 2016). Today more indigenous people are joining the community development profession, and this is encouraging since they are accessible to their communities which certainly will result in a positive attitude toward the profession. In the future community, developers need to enhance partnership with indigenous communities and people since they clearly understand human rights and issues of their communities better than everyone else. Today Community developers are finding ways to deal with abuse and violence among indigenous communities. Some of these ways are counselling services and community development program. The stories used to educate the communities are inspiration and communities learn valuable lessons. However, these forums do not help communities deal with child abuse and family violence which occur day to day sand this need to be considered by the social workers in future (Swanepoel Beer, 2012). Conclusion Human rights based community development there helps in maintain human dignity especially to indigenous communities and people. International law recognizes the rights of indigenous people without discrimination. It also states that without the collective rights of indigenous people being recognized indigenous people can never be equal and free. This is the point in which community developers can offer support to these communities by empowering them. References Cecilia Dinerstein, A., Deneulin, S. (2012). Hope Movements: Naming Mobilization in a Postà ¢Ã¢â€š ¬Ã‚ development World. Development and Change, 43(2), 585-602. Ghimire, K. B., Pimbert, M. P. (2013). Social change and conservation (Vol. 16). Routledge. Hartman, E., Kiely, R. (2014). Pushing boundaries: Introduction to the global service-learning Special section. Michigan Journal of Community Service Learning, 21(1), 55-64. Hugman, R. (2013). 19 An ethical perspective on social work. Social Work: A Reader, 136. Lee, B. X., Kjaerulf, F., Turner, S., Cohen, L., Donnelly, P. D., Muggah, R., Waller, I. (2016). Transforming our world: Implementing the 2030 agenda through sustainable development goal indicators. Journal of public health policy, 37(1), 13-31. Reid, D. (2013). Sustainable development: an introductory guide. Routledge. Swanepoel, H., De Beer, F. (2012). Community development: Breaking the cycle of poverty. Juta and Company Ltd.