Constitution Essay Example | Topics and Well Written Essays - 750 words

Constitution - Essay Example It has become a fundamental right that is universally recognized by the courts and public alike. Under this presumption, defendants are entitled to a presumption of innocence. Defendants do not have to prove their innocence. The government must establish guilt ‘beyond a reasonable doubt.’ This right and others are outlined in four Amendments, the Fourth which protects against searches and seizures without benefit of a court warrant, in addition to the Fifth, Sixth and Eighth. These aforementioned four Amendments are essential to the U.S. criminal justice system functioning as the framers of the Constitution envisioned it. (Twining v. New Jersey, 1908). The Fifth Amendment guarantees the defendant’s right to ‘due process of law’ and from being subjected to ‘double jeopardy’ or testifying against themselves. Double jeopardy means being put on trial twice for the same offense (U.S. Department of State, 2001). The ‘Miranda Rightsâ€℠¢ are covered by the Fifth Amendment. The Eighth Amendment prohibits courts assessing ‘excessive bail’ and implementing ‘cruel and unusual punishments.’ It is the Sixth Amendment that offers the most protection for citizens. Defendants are guaranteed the right to a ‘speedy trial’ and an ‘impartial jury’ by the Sixth Amendment. ... Today, the courts interpret this Sixth Amendment right to include appointing an attorney for defendants that can’t pay for one. Prior to the Gideon v. Wainwright ruling in 1963, courts had generally understood that legal representation would be appointed in special situations only such as when the defendant was not capable of comprehending the charges brought against them because of a mental deficiency. This was accepted as being fair and just but disregarded the indigent who could not afford legal counsel. Gideon was a compelling affirmation that both groups, those that could not understand the charges and those that did not have the financial means to retain counsel, were at equal disadvantage and that all citizens had a fundamental right to be represented by legal counsel. â€Å"The underpinning of Gideon is the notion that a fair trial requires a balance of power, and to the extent that the government spends money in support of the prosecution, it should also spend money on defense† (Black, 1963). The Bill of Rights does not include specific or even ambiguous instructions regarding victim protections. Interestingly, the Sixth Amendment, which outlines the most important rights for the defendant also addresses rights, of sorts, for the victim. Because this Amendment stipulates that the defendant be â€Å"confronted with the witnesses against him† (â€Å"Bill of Rights†) it allows for victims to confront the person who wronged them. The accused must be able to confront their accuser which cannot happen unless, of course, the victim confronts the accused. Confronting the person who perpetrated the crime is therapeutic for the victim and is a practice that has grown in popularity in recent years. The First Amendment

Confucious and the golden rule, East meets west Coursework

Confucious and the golden rule, East meets west - Coursework Example From the Chinese philosopher’s perspective, a person who does not want to be hurt should not hurt others. On the other hand, Jesus implies that if you do not want to be harmed, do good to others because if you are good, then other people will give you back the same treatment. As an individual, I live by the same rule of Jesus because I strongly agree that people should be active participants in their community in making it a peaceful and harmonious place to live in. I recognize the view of Confucius that people should not do to others what they do not want others do to them. However, I am more inclined to strongly concur with Jesus’ point of view because it is not only stated positively but it also encourages an active participation of a person. I firmly believe that we need to stay away from doing dreadful things as Confucius interjects but in order to minimize if not eliminate awful situations, we have to actively do excellent things. According to Tao, the best man benefits all things just like water does. Where there is water, life abounds and the same is true with the best man. Tao says that the best man is selfless, able to benefit the people around him and does not compete with them. Instead, he is able to see identify a need and does something to meet the need without thinking about what he should gain from it or what he is going to lose if he needs to spend a lot of time and money in accomplishing the task. The best man, despite his commendable attributes will remain humble and simply continues to exist influence his community in a positive manner. Humility is that place which Tao says the water goes to which all disdain. Indeed, through the different centuries, only a handful strove to do good and still remain quiet about what they did. Most people set their goals high and do mighty works and above all their achievements, they want to be recognized and exalted. Nevertheless, the best man takes a different route. He gives

Analysis of Competition Bikes Inc Term Paper Example | Topics and Well Written Essays - 1500 words

Analysis of Competition Bikes Inc - Term Paper Example Income Statement is one of the fundamental financial statement that provides results of revenues, earnings, and EPS (Earning Per Share). The income statement provides a consolidated view of the revenue a company earned, the expenses it incurred and its effect on the bottom line, i.e. the profit during a certain period of time. It is a mirror to the investors reflecting on company performance and its potential to perform. Essentially a company should be earning more than it is spending and thus signal profit earning opportunity to the investors. The horizontal analysis of the Income Statement of Competition Bikes Inc. would compare the performance of the company during the year 2006-2008. The following is a snapshot of the Income Statement of company during 2006-2008 along with its horizontal analysis. We have compared the Income Statement of 2007 keeping 2006 as the base year and then analyzed the performance of 2008 keeping 2007 as the year of reference. Horizontal Analysis of Incom e Statement 2006-2007 As we have mentioned earlier, there are two major sections of an Income Statement: Revenue, Expenses, and Profit. Revenue minus the expenses is the profit and we would look at the company’s change in revenue and overall expenses during the period of 2006-2008. As it is evident from the horizontal analysis of 2007 with 2006 as the base year, revenues have increased by 37.5% during the year 2006-2007 due to the increase in Net Sales by 33.3%, which shows that the company is strong in its area of operation. The Cost of Goods Sold also increased by 31.8%, which is very close to the percentage change of Sales during the year, thus indicating that it is not a negative sign. It is a concern for the company even if the profits are high when the increase in Cost of Goods Sold is not relative to the increase in Sales. A definite weakness for any company is its increasing expenses, specifically administrative expenses. The Selling expenses also increased during the year by 33% including the expense on advertising that increased by 37% and administrative expenses increased by 20.4%. A major chunk of the administrative expense is the expenditure on Research and Developed which increased by 37.5%. The company believes in bringing a superior product to the market that has quality as well as first movers advantage with it, and it provides the company a strong selling potential. Thus, the overall increase in the expenses was by 24%, which is not a positive sign for any company, specifically increment in administrative expenses exhibit operational inefficiencies as the company cannot justify the expenses with any particular expansion project. However, a more clear idea of selling and administrative expenses as compared to the sales would be evident in the vertical analysis of the company. The operating income of the company, which is the revenue minus expenses increased by 154.6% and the overall profit before income tax and the Net Earnings increase d by more than 300% showing abnormal but phenomenal growth. A horizontal analysis of year 2007 keeping 2006 as the base year reveals positive growth for the company in terms of Sales and the overall Net Earnings that shows that Competition Bikes Inc. is moving in the right direction and growing. The major strengths of the company lies in the increase in S

The Different Scial Status for Ancient Chinese Women Research Paper

The Different Scial Status for Ancient Chinese Women - Research Paper Example This essay stresses that the place of women in the society has always been an issue of concern for many decades. It is of crucial significance to note that in earlier days, women were considered less superior in many aspects of life. This consideration built a lot of misconception in the minds of the people, especially men in the society. The chauvinism aspects of the male species majorly reinforced these forms of misconceptions and ill beliefs towards the women. It is of crucial significance to note that male chauvinism as well as the ingrained mental misconceptions and ill beliefs led to several forms of oppressions to the women. It is important to note that these oppressions and sufferings that women underwent were a global ordeal in the ancient times. This paper makes a conclusion that it is critical to note that in the ancient days, the women were only expected to play domestic roles, limited to good mothering as well as performing other domestic chores. However, other roles within the society were preserves for men. Women were never allowed to run the families for this was purposefully a man’s role. In addition, women were not allowed to hold any offices. Moreover, the women were never allowed to take part in any constructive debates, discussions or sharing ideas in the society concerning certain issues. However, it is of crucial significance to note that with revolution as well as modernization, the situation has changed considerably. In the current world, women have been empowered to an extent that they perform same roles as men.

Writing Female Heroism Essay Example | Topics and Well Written Essays - 1250 words

Writing Female Heroism - Essay Example Based on various textual evidences in the above narratives, they claim that Indians were a bunch of inhuman creatures. In as much as I would like to agree with both Kinnan’s and Rowlandson’s perspective on the animosity portrayed by the Indians, I believe beyond reasonable doubt that the Indians were forced to behave inhumanly based on their earlier advances by Whites. Kinnan and Rowlandson provide a first-hand account of the experiences which they underwent when in captivity by the Native Indians. From my perspective, any person who would face such an ordeal and heartening experience among the Indians would basically call them savages. Kannan for instance had her husband and child killed by the Indians, while Rowlandson had her beloved daughter die while she was in captivity by the Indians (Rowlandson 108). From the perspective of a mother, seeing one losing beloved ones is a hurtful experience that can manifest as post-traumatic stress resulting in fixed hatred towards the murderers. Any reader, mother or wife who reads this part in the narrative written by Mary Kinnan, â€Å"My child, scalped and slaughtered, smiled even then; my husband, scalped and weltering in his blood, fixed on me his dying eye†¦Ã¢â‚¬  would develop hatred towards the perpetrators as it touched deeply into family (Rowlandson 108). In Mary Rowlandson narrative, †Å"There was one who was chopped into the head with a hatchet and stripped naked, and yet was crawling up and down†¦Ã¢â‚¬  (Kinnan 4). Such a narrative and description of the event that conspired on that fateful night would totally describe the Indians as inhuman. Both Kinnan and Rowlandson are biased while they give the accounts of their narratives as they were siding with the colonialists. However, from my perspective, I believe the Indians were not inhuman creatures as Kinnan and Rowlandson portrayed them. The Native Indians had their reason why they waged such violent wars on the white colonialists. During the same

Blog 1 Essay Example | Topics and Well Written Essays - 750 words

Blog 1 - Essay Example His work is important because he invites readers to think about the definition of the â€Å"barbarian† and how this affected international politics. From International Relations in Political Thought by Brown, Nardin, and Rengger (2002), â€Å"The History of the Peloponnesian War† aimed to faithfully narrate the causes and events of the Peloponnesian War. Boucher (1998) presented his analysis of empirical realism through â€Å"Chapter 4: Thucydides’ Peloponnesian War.† These authors have college students, who are studying politics and international history, as their audiences. Their works are important because they provide different perspectives in analyzing political history works. My question involves enthnocentricism and realism. Is ethnocentricism the main root of realism? If Spartans and the Athenians interacted more as a one cultural community, would they have avoided these anxieties against each other? Ethnocentricism is about one culture thinking that their cultural system is better than others, and it is one of the primary causes of realist thought in the Peloponnesian War. It is interesting that ancient Greeks were like the ancient Egyptians; they were colorblind in terms of their discrimination. Instead of racism, they practiced Greek-centricism, where they believed that their culture was superior to others. Keene (2005) maintained: â€Å"Blood, language, religion and custom†¦are the foundations of Greek Hellenic identity, and it is accordingly along these axes that the identity of the barbarian is conceived† (p.27). The Greeks saw themselves as the â€Å"better† race, while foreigners were seen as â€Å"barbarians.† The â€Å"Other† has become a form of Orientalism, a way of denigrating and fearing what is not known. Brown, Nardin, and Rengger (2002) noted the words of Thucydides, who believed that the causes of the Peloponnesian War are: â₠¬Å"growth of Athenian power and the fear which is caused in

Management Strategies Wal-Mart should undertake for Successful Global Essay

Management Strategies Wal-Mart should undertake for Successful Global Presence - Essay Example Decrease in government restriction resulted in increased opening up of the China retail market. Global retailers such as Wal-Mart took advantage and opened store in China. Though Wal-Mart started as a small, store in Arkansas, it spread rapidly and dominated the retail sector in United States. Wal-Mart’s founder, Walton, believed that discounting was crucial in retail business. He opened stores in neglected areas and sold goods at considerably cheap prices (Glass, 2012). The use of â€Å"Everyday low prices† gave Wal-Mart a competitive advantage over its competitors. Additionally, Wal-Mart developed a strong marketing culture such that it remained popular even when its competitors, Kmart and Woolco, closed down. However, Wal-Mart’s entry into China was not successful. China opened up its market for foreign retailers in 2005, which Wal-Mart saw as a great opportunity. This is because China’s thriving economy provided a great opportunity for profitable retailing. Despite Walton’s insistence on discount prices, Wal-Mart remained less popular in China (Farhoomand & Wang, 2006). One of the main drawback was the resignation of Cassian Chueng, the president of Wal-Mart China, which happened at the time when the entry plan was at the initial stages of implementation. Irrespective of being the world largest retailer, Wal-Mart is ranked at position twenty in China in terms of its sales (Glass, 2012; Wang, & Jha, 2011). One of issues facing Wal-Mart is managements’ refutation of employee’s unionization. Sam Walton opposed formation of union by War-Mart employee’s rights from the initial stages. ... The Wal-Mart employees have attempted to demand for salary increment and they feel that such grievances have not been clearly addressed (Wang, & Jha, 2011). To create a successful global presence and ensure the success of Wal-Mart in meeting its goals and mission, the management must address the issue of Unionization. This issue has been criticized strongly, which could affect Wal-Mart performance. Additionally, the success of any organization greatly depends on the level of satisfaction among the employees. It is thus inevitable that Wal-Mart should consider accommodation unionization to ensure the employees’ grievances are addressed accordingly (Glass, 2012; Farhoomand & Wang, 2006). Another issue that has affected Wal-Mart’s entry into China is their expansion strategy. In United States, Walton preferred opening stores in small towns, which gave Wal-Mart a competitive advantage. However, Chinas economic growth is more rampant in large cities, particularly those along the coastal region. It is thus significant for Wal-Mart to reconsider the positioning of its store in China. Although there are existing barriers such as resistance from China authorities to let Wal-Mart expand in large cities, the management should consider forming venture in such regions (Glass, 2012; Farhoomand & Wang, 2006). An alternative that would enable Wal-Mart to retain cheap prices and expand its operations would be to change their marketing strategies. The US market environment is quite different from that of China. This is mainly due to cultural differences. Wal-Mart should thus consider exposing its employees to Chinese culture to understand the needs of their consumer appropriately. As opposed to US where the