Roper vs. Simmons

Roper vs. Simmons was one of the few cases in almost two decades to address whether it’s constitutional under the eighth and fourteenth amendments to execute a juvenile offender who was over the age of fifteen but under the age of eighteen when he/she committed a capital crime. In 1988, Thompson vs. Oklahoma banned the execution of minors who were sixteen years of age when they committed a capital crime. Another case, Stanford vs. Kentucky (1989), divided the court which eventually rejected that the Constitution excludes capital punishment for minors of this age group.Roper vs. Simmons overturned the decision in Stanford vs. Kentucky. Only seven countries in the past century have favored execution of minors convicted of capital crimes: Iran, Pakistan, Saudi Arabia, Yemen, Nigeria, China, and Congo. Before the case many Americans did not think that the execution of minors was considered cruel and unusual punishment if a capital crime was committed, but after the crime many Amer icans began to oppose it. Those seven countries have also, since then, prohibited these executions.Christopher Simmons was a junior in high school at the age of seventeen when he committed a pre-meditated murder. Around nine months after the crime was committed when he was eighteen years of age, he was tried in court and sentenced to death. Simmons discussed his plan to kill Shirley Crook with his two friends Charles Benjamin and John Tessemer (ages fifteen and sixteen at the time), resulting from a car accident involving Benjamin and Simmons. Simmons’ idea was to break in to Mrs. Crook’s home, tie her up, and drive her to a bridge where he would throw her off of to her death.Simmons was under the impression that he and his friends could get away with the crime because they were minors. The three boys met around 2:00 A. M. on the night the murder was committed (September 9th, 1993). Tessemer backed out before the other two boys went on their way (he was charged with co nspiracy at first, but the charges were dropped when he testified against Simmons). The two boys proceeded to enter the Crook home by reaching through an open window and unlocking their back door. Simmons turned on a hallway light, startling Mrs.Crook as she asked who was there. Simmons then entered her bedroom, recognizing her which he later said was his resolve to murder her. The two boys worked together and used duct tape to cover her eyes and mouth and bound her hands. They took her minivan to a state park, reinforced her bindings, and covered her head with a towel. They then walked to a railroad trestle over the Meramec River, tied her hands and feet together with electrical wire, and wraped her entire face with duct tape before they threw her into the waters below for her to drown.The afternoon of September 9th, 1993, Shirley’s husband, Steven Crook, returned from an overnight trip and was alarmed by the messy house he came home to without his wife there to welcome him. After he reported his wife missing, the same afternoon fisherman recovered the victim’s body form the Meramec River. Simmons apparently had been bragging to his friends about murdering Shirley saying he killed her â€Å"because the bitch seen my face†. The next day, police received information about Simmons’ involvement the crime and he was arrested at his high school in Fenton, Missouri.Simmons waived his right to an attorney and immediately agreed to answer questions. Before the second hour of questioning was over, Simmons had already confessed to murdering Shirley Crook and agreed to perform a video reenactment of the crime. Simmons’ excuse for the crime he claimed was to avoid his arrest for the recent car accident they both had been involved in. The State of Missouri charged Simmons with burglary, kidnapping, stealing, and murder in the first degree. Simmons was seventeen years of age at the time, but was tried as an adult.The State immediately soug ht the death penalty, after Shirley Crook’s husband, daughter and two sisters presented horrifying evidence on how much impact her death had already brought to their lives. Simmons’ mother, father, two half brothers, neighbor, and friend all pleaded on behalf of his mercy to the court. Simmons’ lawyer argued that his age should be considered a mitigating factor, but the jury still recommended the death penalty, and the trial judge decided to impose it. About 9 years after the Simmons’ case had completely run its course, in 2002 Atkins vs.Virginia prohibited the execution of a mentally retarded person, and Simmons’ tried to file a new petition for state postconviction relief, saying that this made the Constitution prohibit the execution of someone if the crime was committed when they were under 18. This was the second time Simmons had appealed; the first being when he claimed he had not received adequate assistance during the trial because additiona l information regarding his difficult home background, impulsivity, and being easily influenced by others was not presented to the judge (this appeal was rejected). They reviewed the Stanford vs.Kentucky case and agreed that it was no longer valid with influence of international opinion of execution of minors who had committed capital crimes. Justice Anthony Kennedy spoke for the State in March 2005 stating that execution of juveniles who committed crimes before they turned 18 was considered cruel and unusual punishment. Simmons’ death sentence was then set aside and they resentenced him to life in prison with no chance of parole, probation, or release without the Governor’s doing so personally. This case showed very well that the United States is fair to their accused criminals.The court showed this strongly when they thoroughly considered and thought out each appeal that Christopher made to them, and they thoroughly reviewed all of his rights as well. Any other adult would have received the death penalty without questioning, but Simmons got multiple opportunities that people over eighteen would not have gotten. It was surprising that Simmons won the appeal after the Atkins vs. Virginia case because he was not mentally retarded and couldn’t exactly relate to the case himself. Murder is murder, and Christopher should not have had as much mitigation because his crime was completely pre-meditated.

Recent events have made the patents value of question

Before BUG, Inc. decides to go international the company needs to apply for patents and trademarks to safeguard their corporate image and their product. At the baer minimum, the company needs to apply for an American patent and trademark. Under the guidelines of the Paris Convention of 1870, more than 125 nations worldwide recognize patents that are registered with the World Patent Office in Switzerland (â€Å"International Protection of Intellectual Property† 2007).Recent events have made the patents value of question in some Third World countries as there is an international movement to allow developing nations an exemption from world patent laws, but given the the nature of the product and the import regulations of most modernized countries, the patent protection is certainly worth having. Also important is an international trademark for the company logo (U. S. Trademark Law 2007). Establishing a legal claim to the trademark can help the company to establish an internationa l identity associated with both their name and logo.Neither of these protections are particularly expensive and they can prevent the sale of black market goods which infringe on the BUG, Inc. product. They can also make it possible for BUG, Inc. to seek recompense in the event of patent infringement. Establishing the trademark and patent becomes especially important when Steve engages is corporate espionage and relays internal research and development information to BUG, Inc. ’s competitor, WIRETAP.The first thing that BUG needs to take into consideration with regard to the Steve’s actions as an employee of WIRETAP is that he ahs committed a federal crime under the Economic Espionage Case of 1996 (â€Å"Economic espionage†, 2007). That means that if the company can prduce sufficient evidence, Steve could be facing federal charges for his action. Steve could face 10 years in prison and up to $500,000 in fines related to criminal charges of the theft of trade secr ets (Halligan 1996). WIRETAP could face $5 million in fines. (Halligan 1996).Because Walter was not a law enforcement official, it could be argued that his keeping Steve in a locked room for six hours constitutes false imprisonment and he could face criminal charges related to those actions (Best Practice #1, 1999). According to the International Association of Security Professional, the law allows security guards to detain people suspected of a crime long enough to ascertain their identity and to contact the police, not to question them for six hours, depending on the state they are operating in, he could be charged with false imprisonment or kidnapping.(Best Practice #1, 1999). In addition, in most states, his threats of physical violence, though only threats, constitute a verbal assault on Steve and he could be charged with assault as well. (Online Dictionary, 2007) Furthermore, because Walter did this while on the job and used a company facility to do so, BUG, Inc. may face some liability for his actions as well. BUG could argue that Walter was not acting within the scope of his duties, but that is belied by the fact that he took these actions on company time and on company property.(Best Practice #1, 1999). This may mean that because of Walter’s actions, BUG could be facing greater liability than Steve is. When BUG goes online, it is possible that they may be able to acquire the domain name previously purchased by the clearinghouse corporation through a lawsuit arguing that the clearinghouse purchased it with the intention of depriving them from the trademark (Uniform Domain, 1999).There are also provisions for administrative hearings if BUG can demonstrate that the other entity adopted the domain name just in an attempt to deprive them of the name by which they are commonly known (Uniform Domain, 1999). However, it would be imperative as their attorney to explain that the cost of instigating the lawsuit could be large and that they should weigh th e cost of the lawsuit against the cost of simply purchasing the domain name from the current owners. There are provisions for the recovery of fees through the administrative hearing process, but they are not guaranteed to win (Uniform Domain, 1999).BUG should also be aware that as the instigators of an online contract they can determine what circumstances constitute acceptance of the contract and that American courts have held that online contracts are every bit as binding as written contracts (CyberLaw 2007). The company should also determine what their policy is with regards to sale of their product to non-law enforcement personnel and if they intend to distribute exclusively to appropriate law enforcement personnel, how they will verify that the person ordering the supplies is who they claim to be.The corporation should also consider contracting with an outside firm to supply website security to protect their financial transactions from hackers (CyberLaw 2007). At the BUG plant i n Shady Town, BUG liability for the attack on the vendor and employees is mitigated by the fact that there is a community-wide crime spree underway and by the fact that the company has not replaced lights that have been broken or burned out. As an invited guest of the company, the vendor has the right to expect safety as do employees (Killion, 2007).When sued for losses which occurred on their property, Bug’s attorneys can argue that their responsibility to provide a safe environment for employees and clients was undermined by the community-wide crime spree (Killion, 2007) The investigation into Steve’s actions might result in civil RICO proceedings if the company can prove underlying mail, wire or securities fraud (â€Å"Overview† 2007). Without evidence of the underlying crime, there is no way to pursue civilian RICO charges (â€Å"Overview† 2007).Because the company was aware of the potential danger posed by the earlier model and opted not to correct i t in an effort to lower production costs, BUG is liabile for the injuries suffered by Sally. (â€Å"Product Liability† 2007) If the company had been unaware of the injury potential from the model or had discovered it after the model was in mass distribution and had issued a recall, their liability might have been lower. However, the company was aware of the problem and chose not to fix it in an effort to make more money.At that point, a good personal injury lawyer could argue that BUG was negligent and therefore should be forced to pay not only actual damages to Sally, but also punitive damages in the form of an award for pain and suffering. Punitive damages are awarded when the court determines that a company should be punished for their actions; in this case, for knowing that the product was potentially hazardous and doing nothing to end the danger.If the case went to trial, BUG’s attorneys could argue that the newer models of the device were safer and that the respo nsibility for Sally’s injury should be shared by her employer for failing to provide her with the newer model, but this argument does nothing to decrease BUG’s liability. (â€Å"Product Liability† 2007). WORKS CITED â€Å"Best Practice #1: Detaining Shoplifiting Suspects† www. iapsc. org/uploaded_documents/bp1. doc, November 6, 2007. Computer Crimes & Intellectual Property Law† < http://www. usdoj. gov/criminal/cybercrime/iplaws. html> November 6, 2007. â€Å"Cyber Law† http://www. sidley. com/cyberlaw/features/int_juris.asp, November 6, 2007. â€Å"Free Dictionary† http://www. thefreedictionary. com/assault, November 6, 2007. Halligan, R. Mark. â€Å"The Economic Espionage Act of 1996: The Theft of Trade Secrets is Now a Federal Crime† http://my. execpc. com/~mhallign/crime. html November 6, 2007. â€Å"International Protection of Intellectual Property† < http://www. wipo. int/pct/en/treaty/about. htm> November 6, 2007. Killion, Susan Westrick and Katherine Dempski. â€Å"Legal And Ethical Issues† http://books. google. com/books? id=I20ZNJHFRVcC&pg=PA105&lpg=PA105&dq=corporate+liability+for+attack+on+premises&source=web&ots=WTIBrE-gj2&sig=iVtr5bLslUY7wZLeBT1zNzagWRQ

Assignment for eye Example | Topics and Well Written Essays - 1000 words

For eye - Assignment Example ces of the industry which include proved instances of labor exploitation, sweat shop conditions, use of child labor and negligence of environment-friendly and sustainable business practices. Bangladesh, Egypt, Thailand and Pakistan (SOMO, p1). These children are not only forced under harsh conditions they are also denied the right to a happy and carefree childhood and access to quality education. It is a vicious cycle where the children grow up to be unskilled workers unable to move out of poverty and unable to share in the benefits of a growing economy, in part supported by the same industries that hire them. On paper, child labor is against the law in most countries and there is severe international pressure in form of trade bans for the countries to end this practice. For legal as well as ethical reasons, NGO’s and government bodies in all of these countries have shown high concern for protecting these children and providing them access to their rights. However, child labor is a valuable resource for both the manufacturers and the big brands that buy from them and as long as the demand from these big brands exists the unethical practice continues hidden but un hindered (SOMO, p3). The debate on the rights of child labors must include the economic reality of these developing countries. For many families below the poverty line, the income provided by their children is necessary for survival. Even if the public system can provide free education to them, the parents cannot afford to lose the extra income by taking away their children from work (Melnick). This is a significant problem due to which governments often find children unwilling to pursue further education after they reach the legal age to work, e.g despite the support provided by Bangladesh’s government, many displaced labor children chose to return back to work as soon as they hit the legal working age of 14 (BGMEA, p6). Implementation of blanket laws against using child labor without the supporting

Legal regulatory , and etical issues Research Paper

Legal regulatory , and etical issues - Research Paper Example One of the infamous instances I had witnessed was the discrimination of black employees by the MacDonald Incorporation. Despite the claim that McDonald is a discrimination-free organization, its franchisee Michael Simon of West Virginia was taken to court for discriminating against its employees purely on their racial background (Loevy, 2011). It was alleged that the company had indiscriminately fired 10 black employees who had earlier been exposed to discriminatory practices such as perpetual insults and sexual harassment. Rather than hurling abusing words like ‘bitch,’ ‘hot Mexican’ and ‘ghetto’ to these blacks, they were improperly touched and compelled to have sexual affairs with their white supervisors (Burstein, 2005). This was an act of discrimination that directly violated Equal Employment Opportunity Act and Title VII of the Civil Rights Act which outlaws workplace discrimination and advocate for equal treatment of employees. In my capacity as a leader, I would like to recommend that such unfortunate incidents can be eliminated by providing legal education to all the departmental heads and informing them on the angers of such violations (Branch, 2008). Besides, as a leader, I would act as a role model by creating a discrimination-free working environment for everyone else to

Case Analysis of Whole Foods Market Study Example | Topics and Well Written Essays - 500 words

Analysis of Whole Foods Market - Case Study Example The best alternative solution generates the best Whole Food Market result. Next, the company, Whole Foods Market, sells organic food products. The company started in 1980. The leader of Whole Foods Market is John Mackay. The company has over 300 stores strategically located in 24 North American states and Canada. The company’s expansion included mergers and acquisitions. The company acquired Wild Oats Food in 2005. Further, there are key SWOT issues in the case study. In terms of strengths, the Whole Foods Market sells healthy foods and has over 23 American and Canadian branches. The company does not sell non-organic food products and refuses to reduce avoidable expenses. The company’s opportunities include selling to other niche markets (fast food) and catering to restaurant clients and an increase in the number of organic food competitors. The company must overcome the increasing number of organic food types or alternatives (Pearce & Robinson, 2011). Furthermore, Whole Foods Market is beset with a major problem. The major problem is reversing the company’s declining food-related revenues and profits. The increasing influx of competitors and product alternatives precipitated to the decline. The increased mobility of the customers resulted to the customers’ preference for fast food restaurants like McDonald’s (Hartline, 2010). First, Whole Foods Market can open a restaurant section to fill the needs of the customers preferring unhealthy food products. To increase revenues by more than 10 percent per year, the company can set up more stores in other uncharted territories. Third, the company can advertise the company’s products and services to increase the demand for the company’s organic food products by more than 15 percent per year. Fourth, the company can reduce operating expenses to allowable levels to increases profits. Fifth, the company can

Implications of Implementing a company-wide business information Essay

Implications of Implementing a company-wide business information system (ERP) in Tesco - Essay Example This provides a platform for companies to manage their information and business data so that they can carry out their daily operations in the most effective way possible. Enterprise Resource Planning is a form of business information system which companies can make use of when they want to effectively manage all their operations (Abramowicz and Zurada, 2001). Enterprise Resource Planning (ERP) refers to the incorporation of modern technology in business management systems (Adam and Sammon, 2004). In this day and age, information technology plays a major role in how business processes are carried out and this has a direct impact on the ultimate performance of a company. In this respect, ERP is a combination of three business aspects: management practices, business objectives and information technology. ERP helps business entities that have a wide operations base to have adequate information to carry out their vast business functions and still be able to beat their competitors in the m arket (Abramowicz and Zurada, 2001). The implementation of an ERP system in Tesco would greatly enhance the company’s performance. Tesco is a U.K. based grocery and general retailer founded in 1919. The retailer is the world’s third largest with stores in 14 countries in Europe, Asia and North America. Tesco is the largest retail company in the UK where it commands a strong 30% market share. It was originally founded as a food and drinks retailing company, but it has since diversified its business to include electronics, telecoms, financial services, clothing, health, home, car, pet insurance, dental as well as retailing, and renting music, movies, software and internet services. With this wide array of operations, it is important for the company to have an ERP system that will make it easy for the company to share information with the aim of increasing profits and beating the competition (Schneider, 2010). This paper discusses the implications of implementing a compan y-wide business information system (ERP) in Tesco Plc. Some of the issues that will be discussed in detail include: the method of application of ERP in Tesco and the benefits of the system to Tesco’s core business. Issues such as critical success factors, supplier control, design and manufacture as well as information and data management as pertaining to ERP are part of what will be discussed. The paper also looks at some of the positive and negative aspects of implementing ERP in Tesco. The requirements and conditions that must be met to implement an ERP system in the company will also be discussed. For ERP to work in any environment, there have to be various Critical Success Factors (CSFs) to support it (Monk and Wagner, 2009). In Tesco’s case, there are various CSFs which can be utilized by the company in order to make business operations much easier. These CSFs which are relevant to Tesco’s current situation are: product diversification, proper management an d good employee relations and organized data management. The fact that Tesco has a wide array of products that it sells to its customers is a big plus for the company. The situation is likely to get even better with a fool-proof ERP system. The system will make it possible for the organization to keep track of the product circulation throughout its areas of operations. Since it has several products under its banner, having a reliable EPR system will enable the company to know when the how each of the

Re-negotiations in PPP Transport Infrastructure Essay

Re-negotiations in PPP Transport Infrastructure - Essay Example The paper tells that there is the tendency of national governments to incorporate the public-private partnerships (PPP) to provide and upgrade infrastructures, as well as public services. Talk of light rails, upgraded electric railway system, mainland road and main highways, as well as port facilities, are just but some of the projects the private sector is getting substantially involved in, conjunction with the public and local authorities to enhance service delivery in the transport system. Majority of these engagements are made effective via a group of diverse companies and contractual concessions. According to Smith the Principal refers to the one responsible for granting a concession and the ultimate owner of the facility after transfer. They are mostly government agencies, or regulate monopolies. On the other hand, the promoter is the organization that is granted the concession to build, own, operate and transfer a facility. In the course of project contractual engagements and project work, the companies and contractual concessions are faced by serious shortcomings calling for renegotiations. According to Estache and Rus, one crucial consideration that is made during the drafting of a concession contract, is that, during all probability of the life of contract, some unpredicted circumstances will arise forcing the parties of the contract to renegotiate. The statement is truly relevant in cases of concession contracts. The logic behind this is due to the long period of the contract, thus making it anticipate all possible contingencies unfeasible for either of the parties. On the same note, unforeseen contingencies also occur as a result of concession contracts for port facilities and relate to expensive fixed assets that are easily removable and redeployed to a different location (Gomez-Ibanez and Meyer 1993). Renegotiations occur in developing and developed countries alike. Gomez-Inbanez and Meyer (1993) analysed transport concessions in industrialised co untries and made out that renegotiations are remarkably common. Renegotiation of a concession contract is probably the rule and not the exception, and they should not be perceived as a failure (Peter, Kuyper and Candolle 1995). Due to concession contracts being essentially long-life documents, the parties are not in a position to foresee all possible future contingencies at the moment of the contract drafting. Thereby, this should be noted in advance, and the parties ought to consider several future conflict scenarios and put in place provisions for inclusion of at least basic renegotiations rules. Nevertheless, it is critical for the concessionaire to avoid renegotiation at an early stage as it may place in jeopardy the credibility, transparency, and fairness of the bidding process (Estache and Rus 2000). Contracts are mainly renegotiated within a few years after official contractual signing and results into better contractual terms for the contract holders (promoters). The princip le and the promoter are crucial entities in the signing and effectual implementation of the contracts to the project (Smith 2002). This paper aims at evaluating the principle and the promoter in renegotiations regarding public-private partnerships concession contracts, in regard to transport infrastructure. Further, equitable renegotiations are imperative to the realisation of the completion of the project in question. This paper also aims at evaluating how to achieve equitable renegotiations, which offer superb value to both the principle and promoter. The contractual renegotiation is effective in the reduction of contract incompetence; conversely, a poor design of these can allow for opportunistic behavior by the concessionaries. Thus, there is

Openning Trader Joe's in Canada Assignment Example | Topics and Well Written Essays - 500 words

Openning Trader Joe's in Canada - Assignment Example The mode of entry the company is focusing on is acquisition. This report discusses the viability of an international expansion into Canada utilizing the acquisition entry strategy. In order to penetrate a foreign market the managerial staff of a company must perform environmental scanning of the marketplace. Canada is the biggest market that is closest to the United States. The population of Canada is 32.32 million people whose gross domestic product per capita in 2005 was $32,645 (Studentsoftheworld). Canada is part of special trade treaty between the United States, Canada, and Mexico. This trade treaty is called the North American Free Trade Agreement (NAFTA). NAFTA is a trade agreement that began on January 1, 1994 which removes most barriers to trade and investment among the three countries (Usda). The existence of this trade agreement means that Joe’s Trader would not have any problems gaining market entry through the acquisition mechanism. The people of Canada enjoy eating seafood and dairy products. Due to the French influence in its culture cuisine food items such as pea soup, French pastries, breads, crepes, special cheeses, lamb and veal are some of the food items Canadian citizens utilize in their homes on a daily basis (CultureGrams). The eating habits and preference for gourmet items is aligned well with the product offering of Trader Joe’s. The food market in Canada just as in other parts of the world is very competitive and profit margins are very low. Joe Trader has a product selection of upscale organic products, fresh vegetables and dairies, and many other cuisine food items that gives this firm a product differentiation which will enable to attract customer in market saturated with traditional supermarket stores. The chosen strategy for entry into the Canadian marketplace is acquisition. An acquisition is good strategy for Joe Trader because it would enable fast access for the company into Canada. An

Motivation Speech or Presentation Example | Topics and Well Written Essays - 500 words

Motivation - Speech or Presentation Example This is useful to the organization because it will manage to achieve its own objectives, satisfying its customers and the various stakeholders of an organization. Take for example a cashier serving customers in a retailing organization; a cashier who is well motivated will be (Higgins, 2012); On this basis, the advantages of motivating the employees of an organization will result to the production of high quality work (Karabenick and Urdan, 2010). It is always the role of a manager to motivate his own work force. There are a number of ways and methods of motivating the workforce of an organization. These methods include, It is important to denote that these activities fall under a motivational theory. There are a number of motivational theories developed by scholars of management and psychology. One such theory is the expectancy theory. This is a theory developed by Victor Vroom, and it gives a proposal that people will behave in a certain manner, because of a reward that is attached to the action under consideration (Higgins, 2012). For example, an employee in a manufacturing organization will decide work double shifts in case of shortages of work force, and in return, the employee will expect to get some compensation and praise from the management. Another theory is the equity theory developed by John Adams in 1963. This theory denotes that employees of an organization will be motivated if they are treated equally. For example, if employees of an organization perform the same job, i.e. they are both accountant, then the management should pay them an equal salary (Karabenick and Urdan, 2010). Failure for an organization to treat its employees equally could result to a de-motivated work force. Another theory is the hierarchy of needs theory by Abraham Maslow (Higgins, 2012). This theory denotes that the employees of an organization have several needs, and they are hierarchical in