Friday, December 27, 2019

What Is a Grand Jury and How Does It Work

A grand jury is a legal body comprised of laypeople that determines whether there is enough evidence to bring criminal charges to trial. During grand jury proceedings, a prosecutor presents an accusation and supporting evidence to the grand jury. The grand jury then decides whether or not the  prosecutor can proceed with a  criminal trial. Why Cases Go to a Grand Jury The concept of a grand jury originated in England and  became enshrined in the U.S. legal system through the  Fifth Amendment, which  requires all potential federal cases to proceed through a grand jury. Only about half of U.S.  states recognize grand juries as a way to pursue state criminal charges. In states that use grand juries, a grand jury indictment is the primary way to start criminal proceedings. Their importance and usage vary between states. States that dont use grand juries use preliminary hearings for felony cases. Instead of impaneling a grand jury, a prosecutor files a criminal complaint which lists the name of the defendant, facts of the case, and relevant charges. After the complaint is filed, a judge reviews it in a public preliminary hearing. During this hearing, lawyers are present and the judge decides whether or not to indict the defendant. In some states, a person who has been accused of a crime can request a preliminary hearing. How Grand Juries Are Selected Grand juries are made up of randomly-selected laypeople. The grand jury members are asked  to appear in court for varying lengths of time: some grand jury sessions last for months, but only require jury members to sit in court for a few days each month. Grand juries are generally composed of 6 to 12 people just like a trial jury, but when a federal grand jury is called, 16 to 23 people  may be  required to show up for jury duty. What Grand Juries Do When a grand jury is convened, the jury members evaluate the strength of the prosecutors evidence to determine if there is  probable cause  to issue an indictment. Probable cause means that there are enough objective facts to support the prosecutors claim. The grand jury has tools at their disposal to find out if there is  probable cause. They can subpoena witnesses to testify in court. In a grand jury, witnesses are typically questioned by the prosecutor and cannot have counsel present during questioning. If jury members think there is enough evidence, they vote to issue an indictment: a document that signals the start of criminal proceedings by listing the crimes the defendant is accused of and explaining the jurisdiction of the court. This act requires a majority vote, which is either two-thirds or three-fourths,   depending on the jurisdiction. In many ways, the grand jury acts as a check on the power of a prosecutor. Grand jury proceedings may also benefit prosecutors by giving them a chance to see if their evidence will be convincing for a future trial jury.   Unlike most other court proceedings, grand jury proceedings take place in secret, which serves a few purposes: An accused person may present a flight risk if he or she knows a grand jury has been convened. By keeping the proceedings a secret, the court reduces this risk.  Secrecy ensures that no one who eventually gets  cleared  of any crime suffers from premature and wrongful damage to their reputation. The names of grand jury members are also kept secret to prevent bias. While secrecy can be helpful for maintaining confidentiality, it also makes the grand jury process somewhat of a mystery to most members of the public and raises questions about transparency in the court. Grand Jury vs. Trial Jury Grand juries function differently from trial juries. Trial juries are presented with evidence from the defense and the prosecution. The accused person is present in court and has a legal right to a defense attorney. In a criminal case, the judge asks the trial jury to decide whether someone is innocent or guilty of a crime  beyond a reasonable doubt, which is is the highest burden of proof in the American legal system. A grand jury, on the other hand, needs only to decide whether there is probable cause to put someone on trial—a much lower burden. The accused does not have the right to appear before the grand jury and contest evidence brought by the prosecutor. Lastly, a grand jury has no power to convict someone of a crime—they can only issue an indictment. Sources Grand jury.  Britannica Academic, Encyclopà ¦dia Britannica, 9 Apr. 2018.  academic-eb-com.resources.library.brandeis.edu/levels/collegiate/article/grand-jury/37676. Accessed 21 Jun. 2018.United States, Congress, â€Å"Handbook for Federal Grand Jurors.†Ã‚  Handbook for Federal Grand Jurors, Administrative Office of the U.S. Courts.â€Å"How Courts Work.†Ã‚  American Bar Association, www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pretrial_appearances.html. Secrecy Supreme Court created Anyone being investigated cannot interfer with witnesses or otherwise tamper with the investigation. Secrecy decreases the likelihood someone who is about to be indicted will escape before indictment. Reluctant witnesses can speak more freely when their remarks will not be made public nor reach the target of an investigation. Secrecy protects anyone who might be implicated, but who is not indicted. testimony before a Length of the Grand Jury Oath of the Foreman You, as foreman of this inquest, for the body of the County of ____ , do swear, (or affirm) that you will diligently inquire, and true presentment make, of such articles, matters, and things as shall be given you in charge or otherwise come to your knowledge, touching the present service; the commonwealths counsel, your fellows and your own you shall keep secret; you shall present no one for envy, hatred or malice; neither shall you leave any one unpresented for fear, favor or affection, hope of reward or gain, but shall present all things truly as they come to your knowledge, according to the best of your understanding (so help you God.) Returning An Indictment probable cause double jeopardy Sources: American Grand Jury Foundation Behind the Locked Door of An American Grand Jury California Grand Juries Dayton University School of Law Frequently Asked Questions About the Jury System The Grand Jury: An Essay (1906) Grand Jury Secrecy Preface to The Grand Jury

Thursday, December 19, 2019

Australia The Foreign Policy of the Hawke-Keating...

The paradigm shift of Australian foreign policy from reliance on security through ‘‘great and powerful friends’’ towards the formation and strengthening of diplomatic and cultural relations with the Asia-Pacific region began arguably under the Whitlam government and has since become the predominant focus of foreign policy for both major parties. As a result, there exists a latent similarity in the foreign policy of successive Australian governments across the last 40 years that becomes more pronounced when comparing them within their respective partisan delineations. Thus, the apparent similarity in the foreign policy of the Hawke-Keating and Rudd-Gillard governments is hardly surprising. However, the extent of this similarity is†¦show more content†¦Australia’s traditional reliance on ‘’great and powerful friends’’ thus became outmoded, leading the Whitlam government to develop an independent Australian foreign policy premised on an increased economic and diplomatic engagement with Asia and defence through self-reliance that continued under Hawke-Keating. Australia’s economic development under Hawke-Keating began with the reduction of tariffs and removal of restrictions preventing foreign banks from operating in Australia, signaling the government’s desire to further distance itself from the protectionism and reliance on trade with the United Kingdom and Europe that had dominated Australia’s trade patterns prior to Whitlam. However, the Hawke-Keating government’s willingness to commit troops to the Gulf War illustrated a desire to retain strong ties with the US. An increased focus on regional trade began with the Closer Economic Relations trade agreement with New Zealand eliminating all trade quotas and tariffs between the two countries and continued with the promotion of economic cooperation with Indonesia through the Timor Gap treaty. On a multilateral scal e, the Australia-led formation of the Cairns group in 1986 further reflected a governmental impulse towards trade liberalization and Australia’s economic engagement within the Asia-Pacific. However, the Hawke-Keating government’sShow MoreRelated Economic Factors have been of dominant concern in Australian Foreign Policy decisions over the past 25 years2070 Words   |  9 Pages ‘ECONOMIC FACTORS HAVE BEEN THE DOMINANT CONCERN IN AUSTRALIAN FOREIGN POLICY OVER THE PAST 25 YEARS.’ During the past 25 years, Australian Foreign Policy has consisted of a balance between economic and security priorities. No government can afford to focus on one to the detriment of the other. 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Tuesday, December 10, 2019

Mass Communication for Twitter and Facebook- myassignmenthelp

Question: Discuss about theMass Communication for Twitter and Facebook. Answer: Introduction The term new media describes the different technologies that have come into existence or have experienced swift development on a global scale from the second part of the 20th century and has continued into the new medium. Nowadays, with the help of internet access, most people have an idea about the different forms of new media, which counts in different social networking sites like Twitter and Facebook, blogs and YouTube. New media extensively helps in creating new textual experiences, represents the world in new ways and builds new relationships (Socha and Eber-Schmid 2014). This essay would be discussing the positive impact of social networking and critically analyzing it with the help of theories. Discussion New media forms are used in many different ways ubiquitously. These forms focus on the message, the technology and the social context where it is used. Along with these come the aspects of digitization, collaboration and telecommunication. In this context, social networking has changed the ways of people interaction. As Flew (2007) says, all the new forms of media are important in the new ways they influence the society. Working with the internet or the social networking sites are no longer just a part of life, but has become a cultural and behavioral trait. From students to journalists, from music bands to prime ministers everyone uses social networking sites for both work and pleasure. At present, social networking allows people to share their stories and photos, and permits the use of apps and messaging for communicating with others. As understood from Flews perspective, the digitized new media has been serving as a way in the direction of globalization, spreading of ideas, infor matization, sharing of messages and meanings, individual ties with tangible social communities and nation-states, and connecting the world whilst eating away at borders (Flew and Waisbord 2015). Flew has chosen 20 concepts to define the elements of new media, some of which are convergence, networks, web 2.0, virtuality and participation. From these, concepts would be taken for discussion: convergence and web 2.0. Convergence is referred to the interlacing of IT and computing, media content facilitated by the internet and digital media technologies, communications networks, and the convergent services, products and activities that have been acquired as a result. Convergence of social networking changes the already established media businesses, work practices and services, and facilitates completely new forms of media to emerge. It gnaws away at the long-established media business and largely uncouples the media content from specific devices that presents huge challenges for media regulations and policies, along with new issues for established media businesses, like film, newspapers, television and music (Kember and Zylinska 2012). Web 2.0 is a term used for identifying advancements in platforms and internet software that allow Web applications to shift from being static and depending on a push of content from the generators to the end users with restricted interactivity, towards a scenario in which participation, engagement and collaboration amongst the end users themselves produce the content. Among all the most commonly used platforms that are associated with web 2.0 are Facebook, Twitter, YouTube, Wikipedia and Second Life, even though the term implies something much broader in range of sites all over the world (John 2013). Core standards of the internet sites and software programs that obey the rules of the web 2.0 standards are: In their connectivity section being many-to-many In terms of control being decentralized Easy and user focused for the new end users disposal Comparatively lightweight and simple in terms of their design Open concerning their application-programming interface (API) and technology standards Expectations of being changed and evolved with time, while users are participating in the form of beta testers of the latest updates or new features. Analyzing these two points from Terry Flews 20 Key Concepts in New Media has provided some ideas about the benefits of the new media, and in this context, the social networking platforms. The social networking sites have emerged to become an expedient approach of keeping up with lives of the people important in ones life. These sites act like bulletin boards for the messages, pictures and other media, updating continuously about personal details or receiving messages from the other side as well. These sites have received many upgrades and have become more sophisticated and convenient for use, making tasks like commenting, uploading media files and allowing others to join much easier (Hartley 2012). Social networking sites are not just used for interacting with people and friends, but also for discussing educational topics. It is said to be having a positive contribution in increasing an individuals life and reduction in health risks. Majority of the population report as not having any negative experience with these social networking sites, and it has influenced educational institutions into using it as an educational tool (Zaidieh 2012). Social networking has benefits not only for individuals, but also for businesses. These sites permit businesses to market and advertise their products and services to a much broader audience, and profiles are much easier to be set up. In this ways, businesses attract a lot more attention, supported by the business profile available for everyone to see. Moreover, businesses use social networks to learn about potential candidates and decide based on the information provided by those people on their profiles. Social networking has become a lot easier to access, helping the society as a whole (Ellison and Boyd 2013). Conclusion On a concluding note, it can be easily said that social networking has turned the communication and connectivity in the society more durable, with the developments giving birth to increased industrialization and urbanization. The new media is busting apart the antiquated perspectivesof society, community, culture and urbanity, linking worlds from far reaches and founding a general sense of worldwide citizenship and culture. New media has given rise to a two-way communication method with decentralized networks, with destabilization of individual identity and subjectivity, de-rooting fixed time, space and global culture from individual lives, and giving the ability to gain information. References Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. InThe Oxford handbook of internet studies. Flew, T. and Waisbord, S., 2015. The ongoing significance of national media systems in the context of media globalization.Media, Culture Society,37(4), pp.620-636. Flew, T., 2007.New media: An introduction. Oxford University Press. Hartley, J., 2012.Communication, cultural and media studies: The key concepts. Routledge. John, N.A., 2013. Sharing and Web 2.0: The emergence of a keyword.new media society,15(2), pp.167-182. Kember, S. and Zylinska, J., 2012.Life after new media: Mediation as a vital process. mit Press. Socha, B. and Eber-Schmid, B. 2014.WHAT IS NEW MEDIA?. [online] Newmedia.org. Available at: https://www.newmedia.org/what-is-new-media.html [Accessed 18 May 2017]. Zaidieh, A.J.Y., 2012. The use of social networking in education: Challenges and opportunities.World of Computer Science and Information Technology Journal (WCSIT),2(1), pp.18-21.

Tuesday, December 3, 2019

Tom Petty - Wildflowers free essay sample

Tom Petty has been putting out fantastic rock n roll for almost 20 years. His new album, Wildflowers, not only lives up to his standards, but helps set new ones. The primary reason this album is so fantastic is that Petty sticks to his old style of rough guitar and harmonica. You Dont Know How It Feels, the first single and video off the album, shows this style better than any other song. From the introduction, with a piercing harmonica scale to the chorus, Petty crafts a song equal to that of his classics, Refugee and American Girl. The entire album puts forth an image of a warm, rugged outdoorsman. The baseline in Cabin Down Below helps portray this image, and the songs simple chorus of Baby, lets go makes it the kind of song you dont get out of your head for a long time. Many of the songs are traditional Tom Petty songs in the sense of the simple chorus and the loud, mean guitar. We will write a custom essay sample on Tom Petty Wildflowers or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This simplicity of the lyrics, mixed with the complexity of the guitar adds to the rugged imagery. From a language perspective, the lyrics may seem a little questionable: Her juju beads are so nice/She kissed my third cousin twice/Im the king of Pomona seems a bit random. But the scratchy voice of Petty singing these is equally as strange, and combined, they create a nice effect. As with all of Pettys albums, he takes a try at some ballad pieces. Dont Fade on Me and Its Good to be King leave a little to be desired, as they are a 360E turn from the other songs. But the title track, Wildflowers works amazingly, with instruments like the harpsichord and harmonium giving the piece a folk sound to go with the Western motif. This song, played with the volume up, produces an image of Petty sitting on a deserted countryside, playing acoustic guitar, with the sun shining down as hard as possible. Petty sings You belong among the Wildflowers/You belong somewhere close to me/Far away from your trouble and worry/You belong somewhere you feel free, and his lyrics come to life. For three short minutes, your worries and troubles actually do disappear, and warmth fills your body. It is a remarkable feeling. Long ago, Tom Petty proved he had the skill and talent to make it in the rock n roll industry. Unlike many musicians, he continues to craft his music and to allow this talent to show through. Wildflowers is a step forward for Petty, but is also a flash of the past; it brings memories of time-honored songs and has some instant classics on it as well