Friday, October 25, 2019

gideon v wainright :: essays research papers

GIDEON v. WAINWRIGHT_______________________________________________ 372 U.S. 335 (1975) FACTS: Gideon, the petitioner, was charged in a Florida State Court for breaking and entering into a poolroom with the intent to commit a misdemeanor. This is a felony under Florida State Law. Due to lack of funds, he asked the court to appoint counsel for him and was denied. The court stated that under Florida state law, counsel could only be appointed to represent a defendant when that person is charged with a capital offense. Gideon unsuccessfully represented himself at trial, which resulted in a verdict of guilty. He was sentenced to five years in state prison. Gideon then filed in the Florida Supreme Court this habeas corpus petition (A judicial mandate ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned unlawfully and whether or not he should be released from custody. The petition is brought by a person who objects to his own or another’s detention or imprisonment). He alleged that the courts refusal to appoint counsel for him violated his right to counsel under the Sixth Amendment. In Federal Court, counsel must be appointed to an indigent defendant unless otherwise waived. The Florida Supreme Court denied relief. The United States Supreme Court (USSC) granted certiorari, which gives them the authority to review the case. The court relies on the decision in Betts v. Brady, 316 U.S. 455. Betts was indicted for robbery in a Maryland State Court. He asked the court to appoint counsel for him and was denied. He was found guilty by the judge, sitting without a jury, and sentenced to eight years in prison. The court in Betts held that the Sixth Amendment was not a fundamental right and therefore was not applicable in State Courts under the Fourteenth Amendment. ISSUE: Whether right to counsel under the Sixth Amendment is applicable in state courts under the Fourteenth Amendment depends on whether the right to counsel is considered to be a fundamental right and essential to a fair trial. HOLDING: Here, the USSC overturned the decision in Betts v. Brady and held that appointment of counsel to defendant’s in all criminal prosecutions in federal court, may also be applied to defendant’s in state court under the Fourteenth Amendment. REASONING: Many prior USSC decisions have held that assistance of counsel is one of the safeguards of the Sixth Amendment and is deemed necessary to ensure fundamental rights of life and liberty.

Thursday, October 24, 2019

Betrayal in Hamlet

It is said that â€Å"To be betrayed by ones own blood is unforgivable and one must get revenge. † Betrayal plays a very important role in the Shakespeare's play, Hamlet. Throughout the play, Hamlet is betrayed by his own mother, Gertrude. She betrays her son and her late-husband, the king by immediately marrying Claudius, the king's own brother. Hamlets girlfriend, the lady Ophelia, even breaks the heart of the prince and deludes him. Even Hamlet betrays several people: he misleads Horatio, his friend. He betrays Ophelia by convincing her that he does not love her.Finally, King Claudius betrays his brother, the late king, by murdering him, marrying his wife, and taking his crown. Also betraying Hamlet and Gertrude. Hamlets mother Gertrude betrays her first husband, the first king of Denmark. This betrayal comes in the form of a hasty marriage to the king’s brother Claudius, who we find out later murdered his brother in an attempt to acquire the crown. This is an act of betrayal on Gertrude’s part, because she should be in mourning of the her first husband’s death, but she immediately enters another marriage, with the kings brother.This is a betrayal to Hamlet because his father was killed, and his mother soon marries the man who we find out is responsible for it. We find out that Claudius killed his brother and Hamlets father with poison, we find this out when Hamlet is visited by a ghost in which Horatio cannot identify but shows itself to Hamlet as his father, it is at this time that the ghost tells Hamlet how he really died and who was responsible . When Hamlet learns of this news, he is enraged with the news and he begins looking to get revenge on the murderer Claudius.Hamlet throughout the play begins to doubt his sanity and if he should kill his uncle Claudius or himself â€Å"To be or not to be†¦Ã¢â‚¬ ¦. † (Hamlet), this is an act of betrayal on Hamlets part. As much as Ophelia really loves and cares about Hamlet, she betrays his trust. This was not all her own doing, she was influenced by others around her. She betrays his trust by co-operating in her father's scheme to spy on Hamlet for the king. Ophelia betrays Hamlet because Laerates and Polonius were worldly wise and poisoned her mind.Whenever Hamlet comes nearer to her, she remains silent and then discloses all to her father whatever happened. Simultaneously Hamlet’s behavior is very strange. He is depressed and abhorred his life. The world to him was weary, stale, flat and unprofitable. I believe that Ophelia really loves Hamlet and did not want to do this to him but she didn’t want to betray her brother and father, Laertes and Polonius. Claudius is an extremely shady character. Claudius killed his brother by pouring posion into his ear. He would’ve gotten away with it, if it wasn’t for his brothers ghost.Claudius then quickly married Gertrude and became king. Hamlet knows none of this however, yet already despises his mother and step-father/uncle. In scene 2, Claudius gives a very sly speech, avoiding the fact that he is in the middle of a very incestuous relationship. Claudius tries to beat around the bush and not really explain anything about his marriage to Gertrude. No one questions him because he is King, but the people are not happy about this situation anyway. Claudius’s slick nature somewhat surfaces when he is speaking to Hamlet also.He is obviously uncomfortable with the fact that Hamlet is still mourning the death of his father and almost seems to bully him to stop. Claudius, of course, seems to say this with a face full of smiles as if politely correcting Hamlet, but it seems obvious that he is downright afraid of what Hamlet could do if he discovered the truth. Keeping his enemies close seems to be his plan. Not only will Claudius be able to keep his eye on Hamlet, but he can be sure that Hamlet won’t be able to rise up against him if he stays. Claudius has much to lose if anyone finds out his terrible secret—that he killed the King, his brother.The main characters that betrayed others were Gertrude, Claudius, and Ophelia. Gertrude betrays her late husband, and her son Hamlet by marrying Claudius. Claudius betrays his brother by murdering him, taking his crown, and marrying his wife. Finally, Ophelia betrays Hamlet by listening to her brother and reporting Hamlets actions back to her father. Betrayal plays a huge role in William Shakespeare’s play, Hamlet. Pretty much every character betrays someone and is betrayed by somebody. Some may say that the characters actions were justifiable but I feel like they were all wrong.

Wednesday, October 23, 2019

Deception Point Page 33

â€Å"Advanced stages of lymphoma,† the doctors explained. â€Å"Rare in people her age, but certainly not unheard of.† Celia and Tolland visited countless clinics and hospitals, consulting with specialists. The answer was always the same. Incurable. I will not accept that! Tolland immediately quit his job at Scripps Institute, forgot all about the NBC documentary, and focused all of his energy and love on helping Celia get well. She fought hard too, bearing the pain with a grace that only made him love her more. He took her for long walks on Kingman Beach, made her healthy meals, and told her stories of the things they would do when she got better. But it was not to be. Only seven months had passed when Michael Tolland found himself sitting beside his dying wife in a stark hospital ward. He no longer recognized her face. The savageness of the cancer was rivaled only by the brutality of the chemotherapy. She was left a ravaged skeleton. The final hours were the hardest. â€Å"Michael,† she said, her voice raspy. â€Å"It's time to let go.† â€Å"I can't.† Tolland's eyes welled. â€Å"You're a survivor,† Celia said. â€Å"You have to be. Promise me you'll find another love.† â€Å"I'll never want another.† Tolland meant it. â€Å"You'll have to learn.† Celia died on a crystal clear Sunday morning in June. Michael Tolland felt like a ship torn from its moorings and thrown adrift in a raging sea, his compass smashed. For weeks he spun out of control. Friends tried to help, but his pride could not bear their pity. You have a choice to make, he finally realized. Work or die. Hardening his resolve, Tolland threw himself back into Amazing Seas. The program quite literally saved his life. In the four years that followed, Tolland's show took off. Despite the matchmaking efforts of his friends, Tolland endured only a handful of dates. All were fiascos or mutual disappointments, so Tolland finally gave up and blamed his busy travel schedule for his lack of social life. His best friends knew better, though; Michael Tolland simply was not ready. The meteorite extraction pit loomed before Tolland now, pulling him from his painful reverie. He shook off the chill of his memories and approached the opening. In the darkened dome, the melt water in the hole had taken on an almost surreal and magical beauty. The surface of the pool was shimmering like a moonlit pond. Tolland's eyes were drawn to specks of light on the top layer of the water, as if someone had sprinkled blue-green sparkles onto the surface. He stared a long moment at the shimmering. Something about it seemed peculiar. At first glance, he thought the gleaming water was simply reflecting the glow of the spotlights from across the dome. Now he saw this was not the case at all. The shimmers possessed a greenish tint and seemed to pulse in a rhythm, as if the surface of the water were alive, illuminating itself from within. Unsettled, Tolland stepped beyond the pylons for a closer look. Across the habisphere, Rachel Sexton exited the PSC trailer into darkness. She paused a moment, disoriented by the shadowy vault around her. The habisphere was now a gaping cavern, lit only by incidental effulgence radiating out from the stark media lights against the north wall. Unnerved by the darkness around her, she headed instinctively for the illuminated press area. Rachel felt pleased with the outcome of her briefing of the White House staff. Once she'd recovered from the President's little stunt, she'd smoothly conveyed everything she knew about the meteorite. As she spoke, she watched the expressions on the faces of the President's staff go from incredulous shock, to hopeful belief, and finally to awestruck acceptance. â€Å"Extraterrestrial life?† she had heard one of them exclaim. â€Å"Do you know what that means?† â€Å"Yes,† another replied. â€Å"It means we're going to win this election.† As Rachel approached the dramatic press area, she imagined the impending announcement and couldn't help but wonder if her father really deserved the presidential steamroller that was about to blindside him, crushing his campaign in a single blow. The answer, of course, was yes. Whenever Rachel Sexton felt any soft spot for her father, all she had to do was remember her mother. Katherine Sexton. The pain and shame Sedgewick Sexton had brought on her was reprehensible†¦ coming home late every night, looking smug and smelling of perfume. The feigned religious zeal her father hid behind-all the while lying and cheating, knowing Katherine would never leave him. Yes, she decided, Senator Sexton was about to get exactly what he deserved. The crowd in the press area was jovial. Everyone held beers. Rachel moved through the crowd feeling like a coed at a frat party. She wondered where Michael Tolland had gone. Corky Marlinson materialized beside her. â€Å"Looking for Mike?† Rachel startled. â€Å"Well†¦ no†¦ sort of.† Corky shook his head in disgust. â€Å"I knew it. Mike just left. I think he was headed back to go grab a few winks.† Corky squinted across the dusky dome. â€Å"Although it looks like you can still catch him.† He gave her a puggish smile and pointed. â€Å"Mike becomes mesmerized every time he sees water.† Rachel followed Corky's outstretched finger toward the center of the dome, where the silhouette of Michael Tolland stood, gazing down into the water in the extraction pit. â€Å"What's he doing?† she asked. â€Å"That's kind of dangerous over there.† Corky grinned. â€Å"Probably taking a leak. Let's go push him.† Rachel and Corky crossed the darkened dome toward the extraction pit. As they drew close to Michael Tolland, Corky called out. â€Å"Hey, aqua man! Forget your swimsuit?† Tolland turned. Even in the dimness, Rachel could see his expression was uncharacteristically grave. His face looked oddly illuminated, as if he were being lit from below. â€Å"Everything okay, Mike?† she asked. â€Å"Not exactly.† Tolland pointed into the water. Corky stepped over the pylons and joined Tolland at the edge of the shaft. Corky's mood seemed to cool instantly when he looked in the water. Rachel joined them, stepping past the pylons to the edge of the pit. When she peered into the hole, she was surprised to see specks of blue-green light shimmering on the surface. Like neon dust particles floating in the water. They seemed to be pulsating green. The effect was beautiful. Tolland picked up a shard of ice off the glacial floor and tossed it into the water. The water phosphoresced at the point of impact, glowing with a sudden green splash. â€Å"Mike,† Corky said, looking uneasy, â€Å"please tell me you know what that is.† Tolland frowned. â€Å"I know exactly what this is. My question is, what the hell is it doing here?† 39 â€Å"We've got flagellates,† Tolland said, staring into the luminescent water. â€Å"Flatulence?† Corky scowled. â€Å"Speak for yourself.† Rachel sensed Michael Tolland was in no joking mood. â€Å"I don't know how it could have happened,† Tolland said, â€Å"but somehow this water contains bioluminescent dinoflagellates.† â€Å"Bioluminescent what?† Rachel said. Speak English. â€Å"Monocelled plankton capable of oxidizing a luminescent catalyst called luceferin.† That was English? Tolland exhaled and turned to his friend. â€Å"Corky, there any chance the meteorite we pulled out of that hole had living organisms on it?† Corky burst out laughing. â€Å"Mike, be serious!† â€Å"I am serious.† â€Å"No chance, Mike! Believe me, if NASA had any inkling whatsoever that there were extraterrestrial organisms living on that rock, you can be damn sure they never would have extracted it into the open air.†

Tuesday, October 22, 2019

How to Perform the Dancing Gummi Bear Demonstration

How to Perform the Dancing Gummi Bear Demonstration Place a Gummi Bear candy into a test tube containing potassium chlorate and watch it dance amidst purple flames. This stunning demonstration is an example of a strongly product-favored reaction, plus its a lot of fun. Its easy and takes no time at all. What You Need Gummi bear candyPotassium chlorateLarge test tubeRing standBunsen burner or other heat sourceTongs Here's How Set up a large test tube over a heat source, such as a bunsen burner. Add a small amount of potassium chlorate to the test tube and heat it until it melts. The exact amount isnt important... aim for a small scoop.Using long-handled tongs, drop a Gummi Bear candy into the test tube.Its just that simple! The reaction between the sucrose in the Gummi Bears, potassium chlorate, and oxygen produces carbon dioxide, water, and potassium chloride. Tips Use proper safety precautions, including safety goggles and a lab coat. Be advised, the reaction is vigorous enough that the test tube may shatter. Adult supervision is required.The Instant Fire demonstration is very similar to the Dancing Gummi Bear demo.Another way to do this demonstration is to set the Gummi Bear on top of cold potassium chlorate. When you are ready to start the reaction, it can be initiated by adding a couple of drops of sulfuric acid to the contents of the test tube.

Monday, October 21, 2019

Lakota essays

Lakota essays The Lakota/Dakota/Nakota Nation is also known as the Great Sioux Nation. The word Sioux was adopted by the United States government from the term (Nadowesioux), which comes from a Chippewa (Ojibwa) word which means little threatened snake or enemy. This was because the Ojibwa or Chippewa learned to respect and fear the respective territories and hunting and fishing grounds set in place by the Sioux. The people of the Sioux Nation refer to themselves as Lakota or Dakota which means friend or ally. The French traders and trappers who worked with the Chippewa Ojibwa people latter shortened the word to Sioux. The Black Hills are a sacred land to the Lakota and are located in the center the Great Sioux Nation. The Black Hills are spiritually connected to the Lakota/ Dakota people and are now considered an important part of their sacred lives. The 7th Cavalry led by General George A. Custer entered the Black Hills in violation of an 1868 treaty, the center of the Great Sioux Nation and discovered gold. This was the catalyst that sparked The Gold Rush in the Black Hills opening the conflict between the United States and Great Sioux Nation. The United States Government recognizing the value of the land wanted to buy or rent the Black Hills from the Lakota people. The Great Sioux Nation refused to sell or rent their sacred lands. They believed that this land was given to them by the (White Buffalo Women) and that they had always been a part of the Black hills. This did not stop the United States from moving forward to seize the land. General George Custer was assigned the task of relocating the Lakota onto constricting reservation lands that had very little use and lacked substantial natural resources. This is the premise for one of the more famous Indian battles known as the Battle of the Little Big Horn, one of the great blunders of the military. General George Custer full of bravado greatly underestimated his adversaries result...

Sunday, October 20, 2019

The Old Man and the Sea Questions for Discussion

The Old Man and the Sea Questions for Discussion Written by Ernest Hemingway,  The Old Man and the Sea is a famous novel about man versus nature and the determined struggle against inevitable aging and death. While Hemingway is known to be the master of brevity, his concise works also are much more complex than they would first appear, and  The Old Man and the Sea  is no exception. A literary classic, this novel is a great pick for a book club and a part of many schools curriculum. Here are questions related to The Old Man and the Sea that will get the discussion going.   Start From The Top: What is important about the title?   Plot Development: What are the conflicts in The Old Man and the Sea? Would you describe them in terms of physical, moral, intellectual, or emotional conflict?How does Ernest Hemingway reveal character in the novel? Symbolism: What are important themes in the story? How do they relate to the plot and characters?What are some of the symbols in the novel, and what do they represent?How universalare the ideas in  The Old Man and the Sea?  Does the story end the way you expected? How? Why? How realistic is the story?Where does The Old Man and the Sea take place? Is the setting important to the ideas in this book? Whats Your Opinion? Would you recommend this novel to a friend?

Saturday, October 19, 2019

Claims that management's pursuit of efficiency and effectiveness have Essay

Claims that management's pursuit of efficiency and effectiveness have been at the expense of labour's welfare are not valid - Essay Example Only then, they might become motivated towards the responsibilities of work, thereby enhancing the profit margin and revenue of the organization. Therefore, the success of the organization might prove effective for the management or the employer to meet the goals and aims in long run. As a result, the sustainability and competitiveness of the organization might remain in the market among other rivals. Hence, it may be depicted that the free flowing of an organization would only be possible with the combined effort of both employee and employer. Arguments Theories and Concepts that highlights that employee welfare is essential Labour welfare is one of the most vital facets of an organization without which an organization may not prosper in long run. According to Phipps (2011), labour welfare is described as the measures that should be adopted by the management of an organization for the achievement of the physical, social, psychological and general needs of the employees. It might hel p to improve the dedication level of the employees towards their working responsibilities and duties. Along with this, it might also help in improvement of the economic condition of the worker resulting in amplification of stability and consistency. Apart from this, it also helps in reduction of rate of absenteeism thereby improving the efficiency and effectiveness of the workers. Therefore, it might be clearly stated from the above mentioned points that labour welfare is essential for the organizational improvement and up-gradation (Phipps, 2011). This fact may be clearly highlighted with the help of the theories stated below: Philanthropic Theory Waddell, Jones & George (2011), Philanthropic theory is entirely a benevolent approach that means ‘to help others’. According to this theory, it is the duty of an individual to help others so that they might get all their basic needs such as food, water, shelter, clothes and others. It is done entirely from the internal urge of a human being to remove the sufferings of others. Similarly, it is the duty of the managers of an organization to help the employees with better working conditions, shelter, clothes, food and wages. This might offer a positive impact over the employees thereby enhancing their moral and loyalty towards the organization and work. Due to which, the performance of work and devotion might increase resulting in fulfilment of the goals and aims of the organization (Waddell, Jones & George, 2011). Paternalistic or Trusteeship theory This theory states that the management or the higher-authority of an organization is entirely responsible for the profits and assets of the enterprise. He or she is regarded as the trustee of the organization. So, it is the duty of the management or manager of the organization is to provide some amount of fund or profit for the development or well-being of the employees in a continuous process. Only then, the economic condition and position of the employees o f the organization might become better resulting in improvement of the motivation power and morale significantly. Along with this, it might also prove effective for the organization in attainment of its goals in future era (Phipps, 2011). So, employee welfare is surely a duty of managers. Placating Theory Caldari, 2011 offers high attention over this theory of Placating. According to the author, in recent age maximum extents of the