Race-Based Jury Nullification Essay Example for Free

Race-Based Jury Nullification Essay Internet research clearly showed a long history for jury nullification in the US. An explanation of jury nullification, and in particular race based jury nullification, is that it is a method whereby juries nullify unfair laws by declaring guilty defendants not guilty. Race based nullification is where a jury acquits and individual based on their race. This is commonly found in homogenous juries where there is little jury diversity. Past cases such as runaway slave laws and current cases such as police shootings show that race-based nullification is still an issue in modern courtrooms. The conclusion being that jury nullification is an important power necessary for the checks and balances of the judicial system Jury nullification is a right enjoyed, but not understood, by all jurors in the US. This right gives jurors the ability to interpret laws for themselves and return not-guilty verdicts for guilty defendants allowing them to nullify laws. (Emal, 1995) The most common admonishment by judges is that jurors must decide the case based on facts, and that they are not in fact interpreting the fairness of laws. The fear is that if jurors knew or understood this power, it could undermine the authority of the US judicial system. Allowing juries to interpret laws is in fact a right given as a foil against a too powerful central government. Historically there is a tremendous precedent for jury nullification much of it involving race. In the North pre-civil war era juries commonly refused to convict runaway slaves because they felt that the law was unfair. This was an example of jury nullification, where the jury was aware that the defendant was guilty, but refused to return a guilty verdict, in effect nullifying the law. (Emal, 1995) More recently in the 1930s many courts refused conviction for minor alcohol infractions because they felt the law was unfair. Another example of this trend were the civil rights trials of white supremacists in the south in the 50s and 60s; in these cases all white juries would refuse to convict white defendants of the murder of black  people or civil rights workers. (Emal, 1995) These cases clearly show that there have been many examples of jury nullification in the past in our country. Since a return of a not guilty verdict allows the jury to effectively end prosecution with no appeal allowed by the state it means that juries actually have final say about when and if a law is utilized. This allows juries the power to actually use their conscience when voting to convict or release a defendant. One possible outcome of jury nullification is the possibility of a major increase in hung juries. Race has figured in many instances of jury nullification so there is a clear precedent for race based jury nullification. (Emal, 1995) Recently all white juries have refused to convict white police officers in wrongful shooting trials where the victim was black. Also black juries have refused to convict clearly guilty defendants of crimes on the grounds that there are too many black people in prison already. (Butler, 1995) Another possible reason for jury nullification is to punish prosecutors and police for tactics, which the jurors find unpalatable. Many people recently felt that the O.J. Simpson trial was race based jury nullification; similarly the Rodney King trial would be an example. In both of these cases many people felt that the individual was guilty but that they were released because of their race. Some states have proposed that juries should have racial quotas in order to avoid possible race based nullification. In this system jurors who should be excused could be kept even if they were unsatisfactory if they fit some particular racial need. These attempts to eliminate jury nullification point to the seriousness with which this power is viewed. Some black lawmakers have said that since a jury is representative of a community then jurors should have the right to decide which people they will allow to live among them. (Butler, 1995) This basically means that jurors exercise their power based on conscience and not based on the facts of the case. This means that black juries would acquit non-violent black defendants even in cases where they were clearly guilty to nullify the effects of a predominantly white judicial system. The belief here is that the laws are  inherently unfair because they were created by and for white people. (Butler, 1995) Clearly there is a place for jury nullification in the US. There has been a long history of unfair laws and practices in the country and allowing the jury the power to overturn or nullify them is a good way to keep the government in check. (Jones, 2004) The real question is more about race-based nullification. Should race be a factor when juries consider nullification as an option? The answer to this is complicated if a jury really feels that a defendant was targeted unfairly based on race shouldnt they have some power to affect the trial. (Butler, 1995) Also without a complete revamping of the legal system (scary thought) how would one go about fixing the problem? Can nullification be eliminated with our current system? The idea is to really re-examine the selection process. With nullification as a real possibility then prosecutors can act to eliminate it by paying more attention to homogeneity during the selection process. Any prosecutor who allows a homogenous jury runs a real risk of losing the case based on nullification. Also race based jury nullification has been a useful tool in the past. (Jones, 2004) If not for northern juries how many runaway slaves would have been returned to torture and beatings in the south. In this case we had a manifestly unfair law which juries exercised a legitimate nullification against. Overall race based jury nullification is a scary prospect when taken to the extreme but it is a prospect that bears some consideration. Since it has been used righteously in the past it is a hard decision to contemplate getting rid of it. If there was no jury nullification of any kind then the country would have missed out on juries taking a stand against poorly thought out laws. The answer is that jury nullification has played a dual roll in our history. At times it is a useful tool as in the cases involving slavery or differential prosecution, at times allowing racists to go free. So having weighed the merits of the situation it is best left as is currently. There is a real risk for overuse if everyone were aware of the  power but in its absence the government would exercise too much power unbalanced by the power of the people. The conclusion would have to be that there is too much risk in eliminating jury nullification as a whole. Race based nullification is probably not necessary and would be nice to eliminate but there is no effective way to combat this. One possibility mentioned earlier is for prosecutors to consider nullification during the selection process to help combat this problem. References Butler, Paul. (1998). Racially Based Jury Nullification: Black Power in the Criminal Justice System. Yale Law Review, 105, 677-725. Emal, Russ. (1995). Jury Nullification: Why You Should Know What It Is. Retrieved on 11/21/04 from http://www.greenmac.com/eagle/ISSUES/ISSUE23- /07JuryNullification.html Jones Iloilo Marguerità ©. (2004). American Juror. Retrieved on 11/21/04 from http://www.fffija.org

Symbols and Symbolism Essay - The Symbolic Stage in The Glass Menagerie :: Glass Menagerie essays

The Symbolic Stage in The Glass Menagerie The symbolic stage properties in The Glass Menagerie reinforces the theme of escaping reality. Lack of a Father leaves Tom the responsibility of caring for the family. The responsibility acquired by Tom causes him to lack a normal life full of decisions and adventure. Instead, Tom is bound to his family by guilt and emotion. The only way Tom can feel that he is living the life he deserves is by escaping reality. The fire escape, the only chance for survival in a burning building of crisis situation. In Tom's mind, there is always an emergency exit, a chance to escape. The fire escape in Tom's mind is going to the movies for the adventure that he does not get at home or work. The silk scarf that Tom placed over Lara's face is the same silk scarf that the magician used. The magician made things appear and disappear. Therefore, covering Lara's face with the scarf shows that Tom's wants Lara and her memory to disappear so he will not feel guilty about leaving the family behind. Lara realizes that she can not sit around while she should be in college. Her mother shows her that she needs to take the initiative and go to school or get married. "School careers usually wind up getting married to some nice man"(1557). Amanda is telling Lara that she can not wait for the future to come to her, she needs to build her own future. Lara can not face reality and go so instead she visits penguins and plays with a glass menagerie. Lara's glass collection represents a world apart from others. She dreams of other lives and her imagination runs wild. Symbols and Symbolism Essay - The Symbolic Stage in The Glass Menagerie :: Glass Menagerie essays The Symbolic Stage in The Glass Menagerie The symbolic stage properties in The Glass Menagerie reinforces the theme of escaping reality. Lack of a Father leaves Tom the responsibility of caring for the family. The responsibility acquired by Tom causes him to lack a normal life full of decisions and adventure. Instead, Tom is bound to his family by guilt and emotion. The only way Tom can feel that he is living the life he deserves is by escaping reality. The fire escape, the only chance for survival in a burning building of crisis situation. In Tom's mind, there is always an emergency exit, a chance to escape. The fire escape in Tom's mind is going to the movies for the adventure that he does not get at home or work. The silk scarf that Tom placed over Lara's face is the same silk scarf that the magician used. The magician made things appear and disappear. Therefore, covering Lara's face with the scarf shows that Tom's wants Lara and her memory to disappear so he will not feel guilty about leaving the family behind. Lara realizes that she can not sit around while she should be in college. Her mother shows her that she needs to take the initiative and go to school or get married. "School careers usually wind up getting married to some nice man"(1557). Amanda is telling Lara that she can not wait for the future to come to her, she needs to build her own future. Lara can not face reality and go so instead she visits penguins and plays with a glass menagerie. Lara's glass collection represents a world apart from others. She dreams of other lives and her imagination runs wild.

Restoration Essay

The creation of man and woman will always stem from the passage in Genesis, where it all narrates how man came into being with the guidance of woman as well. We are familiar with the story of Adam and Eve, something that will forever be our reference when we are asked how many came to be. God is often referred to as the image and likeness of man. But now, we all ask, what was the hand of woman in this essence and to whom was she likened to? Basically, the answer to this is also God himself. We may all ask how this would be, but the facts are simple. God still guides us to this day, and He can also take the form of a mother as well, guiding us and nurturing our every need. Most of us look up to God for support and ask him for guidance and help, but it has never really occurred to us that He is still the one we turn to in hard times. We say God is good and always there for us, the same way that we consider mothers to turn to in times of needs and moral support. Technically speaking, we are born under his wing, and to this day, all we have to do is just recall how man came to be and from there, figure out the same proceedings when we or how people are given life and born in the world today. II.Compare My Wife to the image of God There is no question that God can be likened to my wife. Always there during hard times and helps bring joy by bearing children for our own family nothing would be possible without having her for my partner. Guiding me as well in both bad and good times, my wife is there for me in whatever the case may be. God is always there for us at all times. We just pray and make sure that He hears us through our prayers. Our partners represent him, acting as co-decision makers to be able to go through the challenges of life, rather than going through them alone. My wife guides our off-springs as well, teaching them the beauties of life and what to expect from the world. III.Compare My Mother to the image of God No one else comes close to becoming a good guardian other than my mother. Without her, I would not even be existing today. She has helped in molding me into what I am today, a success in every way. Her teachings have made me wiser and take on the everyday tasks in the more rational way known today. IV. Compare My Sister to The image of God My sister is currently pregnant, and the proper care for her stature is a must. Expected to bear a child after a few months, this is testimony toward the beauty that life gives in the maternal aspect. Women are the usual bearers of children, creating them with their partners. The beauty and the product of the love of two people would bear fruit in the form of a child. God made man because he loved them and wanted them to carry out His will and make the world a better place not only for man but for everyone. IV. What can you do in nursing to promote and restore God’s image to mother’s that you may encounter in the future. In nursing, the proper care given towards patients and needy people is all that matters. Providing the quality level of care in the health and medical aspect is already a consoling factor in its sense, since it is still life that is being cared for. Trying to comfort them and be of assistance, nursing is no doubt about caring and nurturing people in need of attention and pain. Understanding the whole scenario of why nursing is important today can be attributed to the fact that there are people in the world who are in need of medical assistance. God helps us in mind and mysterious ways, and this is something that attention plays as far as nurses are concerned. Aside from doing the necessary duties to ensure the overall comfort that patients around the world require, lending that helping hand towards the needy people of today is already a large step in the direction of how God wants man to live in this world. Like what most people do, diseases, health issues and sicknesses are abounding in the world today. Trying to help the people plagues in such situations is something that nurses can do well to accommodate and provide service to.

The Primitive Hut - Laugiers Theory About Architecture

The Primitive Hut has become a shorthand statement of principle that defines essential elements of architecture. Often, the phrase is Laugiers Primitive Hut. Marc-Antoine Laugier (1713-1769) was a French Jesuit priest who rejected the opulence of Baroque architecture prevalent in his lifetime. He outlined his theory about what architecture should be in the 1753 Essai sur larchitecture. According to Laugier, all architecture derives from three essential elements: The columnThe entablatureThe pediment The Primitive Hut Illustrated Laugier expanded his book-length essay in a second edition published in 1755. This second edition includes the iconic frontispiece illustration by French artist Charles Eisen. In the picture, an idyllic woman (perhaps the personification of Architecture) points out a simple rustic cabin to a child (perhaps the unknowing, naive architect). The structure she points to is simplistic in design, uses basic geometric shapes, and is constructed from natural elements. Laugiers Primitive Hut is his representation of the philosophy that all architecture derives from this simple ideal. In the English translation of this 1755 edition, the frontispiece created by the British engraver Samuel Wale is slightly different from the illustration used in the well-known, celebrated French edition. The picture in the English language book is less allegorical and more clear-cut than the more romantic picture from the French edition. Both illustrations show, however, a reasoned and simplified approach to building. Charles Eisen frontispiece from Essai sur l’architecture, 2nd editionPublic domain image from DOME, digitized content from the MIT Libraries collections, dome.mit.eduSamuel Wale frontispiece from the English translationIllustration in the public domain courtesy of Open Library, openlibrary.org Full Title in English An Essay on Architecture; in which Its True Principles are explained, and Invariable Rules proposed, for Directing the Judgment and Forming the Taste of the Gentleman and the Architect, With regard to the Different Kinds of Buildings, the Embellishment of Cities, And the Planning of Gardens. The Primitive Hut Idea by Laugier Laugier theorizes that man wants nothing but shade from the sun and shelter from storms—the same requirements as a more primitive human. The man is willing to make himself an abode which covers but not buries him, Laugier writes. Pieces of wood raised perpendicularly, give us the idea of columns. The horizontal pieces that are laid upon them, afford us the idea of entablatures. Branches form an incline that can be covered with leaves and moss, so that neither the sun nor the rain can penetrate therein; and now the man is lodged. Laugier concludes that The little rustic cabin that I have just described, is the model upon which all the magnificences of architecture have been imagined. Why is Laugiers Primitive Hut Important? The essay is considered a major treatise in architectural theory. It is often cited by teachers of architecture and practicing architects even in the 21st century.Laugiers expression is pro-Greek Classicism and reacts against the Baroque ornamentation and decoration of his day. It established the argument for future architectural movements, including 18th century Neoclassicism and the 21st century trend toward unadorned, eco-friendly tiny homes and small dwellings (see Books to Help You Build a Smaller Home).The Primitive Hut idea supports a back-to-nature philosophy, a romantic idea which gained popularity in the mid-18th century and influenced literature, art, music, and architecture.Defining the essential elements of architecture is a statement of purpose, a philosophy that drives the work of an artist and practitioner. Simplicity of design and the use of natural materials, what Laugier believes are architectural essentials, are familiar ideas that have been embraced by more moder n architects, including Frank Lloyd Wright and the vision of Gustav Stickley at Craftsman Farms.Laugiers rustic cabin is sometimes call The Vitruvian Hut, because Laugier built on ideas of natural and divine proportion documented by the ancient Roman architect Marcus Vitruvius (see Geometry and Architecture). Critical Thinking The popularity of Laugiers philosophy is in part because he offers easily understood alternatives to the architecture he scorns. The clarity of his writing is such that the English architect Sir John Soane (1753-1837) is said to have given copies of Laugiers book to his new staff members. Architects of the 20th century, like Le Corbusier, and of the 21st century, including Thom Mayne, have acknowledged the influence of Laugiers ideas on their own work. You dont have to agree with Laugiers visions, but its a good idea to understand them. Ideas shape everything we create, including architecture. Everyone has a philosophy that develops over time, even if the ideas havent been written down. A useful project is to put into words the theories about architecture and design that you have developed—how should buildings be built? what should cities look like? what design elements should all architecture have?  How do you write philosophy? How do you read philosophy? The Primitive Hut and Related Books Essay on Architecture by Marc-Antoine Laugier, English translation by Wolfgang Herrmann and Anni HerrmannBuy on AmazonOn Adams House in Paradise: The Idea of the Primitive Hut in Architectural History by Joseph Rykwert, MIT Press, 1981Buy on AmazonA Hut of Ones Own: Life Outside the Circle of Architecture by Ann Cline, MIT Press, 1998Buy on Amazon Sources Quotations and frontispiece designed by Mr. Wale for English translation of Laugiers Essay on Architecture (1755) in the public domain courtesy of Open Library, openlibrary.org