An Argument For Gay Marriage Essay -- Persuasive Essays, Argumentativ

   The Supreme Court of the United States ruled that the Constitution guarantees a right to same-sex marriage. Yet, same-sex marriage continues to be a highly debated issue that leaves our society searching for answers. As a child, I was brought up in a Christian home, where Christian ethics and values were instilled in me. I was always taught that you should obey your parents and God, that you should not lie, cheat, or steal, and that God was always watching you; I was also taught that homosexuality was wrong. As the years have passed, I have been confronted with the issue of homosexuality many times firsthand, and I believe that though homosexuals are not terrible people because of their sexual orientation, their lifestyle is still wrong. In recent years, the topic of homosexuality and gay and lesbian marriages has also become prominent in American politics. The question of whether these marriages, also sometimes referred to as "civil unions," should be legalized has become a pressing issue, and one that has only begun to test the limits and limitations of the US Constitution. The notion that such a thing as sodomy could ever be legalized is causing civil distress and has become quite a point of contention for countless Americans. For, on the one hand, many argue that allowing such marriages would corrupt the morals and society of the United States, yet others respond that Americans should all have the equal opportunity to lead happy and fulfilled lives. In the end, I have concluded that while it counteracts my religious beliefs, there must be some allowance made by the US government for same sex couples to gain recognition for their commitment to one another. I have found that the majority... ...he American government, it should logically follow that these couples would then be enabled to receive the same rights and responsibilities as their heterosexual counterparts in the eyes of the State. In summary, while I personally do not believe in the idea of gay marriages, I do not believe such "civil unions" can constitutionally be denied by the State. Heterosexuals are given every right to pursue happiness with their life partners, and so it does not appear that, from a legal standpoint, such a right can be denied to homosexual couples. Under the hospices of a "civil union," homosexuals would thus be able to publicly commit themselves to their life partners and accordingly be afforded the same privileges as those which their heterosexual counterparts enjoy. Homosexual unions should be legalized in the American system of government.

McDonaldization of American Society and World

If you have ever had a meal in a restaurant (fast-food/formal dining), used an ATM in a bank, spent your vacation at an amusement park or simply browsed through a mall, you have been exposed to McDonaldization. McDonaldization is â€Å"the process by which the principles of the fast food restaurant are coming to dominate more and more sectors of America society as well as the rest of the world† (Ritzer, 1996, 1). Nearly ever aspect of today†s society has been affected by McDonaldization including the restaurant business, education, work, healthcare, travel, leisure, dieting, politics and the family (Ritzer, 1996, 1). I observed three East Side Mario†s Restaurant†s establishments while the dinner menu was being served on Saturday evenings between 6pm and 8pm to evaluate the ways in which McDonaldization has affected their company. On January 29th I visited East Side Mario†s in London, Ontario, on February 19th I visited East Side Mario†s in Plano, Texas (I used to hold a job as a server at this location) and on February 26th I visited East Side Mario†s in Orange, California. With the diversity of locations I was able to observe, I compared and contrasted many angles of the East Side Mario†s concept. East Side Mario†s Restaurants Inc. is one of the millions of business† that has implemented the four principles of McDonaldization, which are: efficiency, calculability, predictability, and control. With the assistance of Bernard Platt, Vice President of Marie Callender†s Pie Shops, Inc. , former Vice President of East Side Mario†s Restaurant, Inc. , I will offer a condensed presentation of East Side Mario†s history to get you familiar with the business. East Side Mario†s Restaurants, Inc. , is a wholly owned division of Marie Callender†s Pie Shops, Inc. In 1987 a partnership of restauranteurs developed the ESM (for the remainder of this case study I will us the initial ESM to refer to East Side Mario†s Restaurants, Inc. ) concept in North Miami, Florida featuring the excitement and energy of a New York City street festival, a blend of outstanding American and Italian food, a place where families felt welcome and comfortable offering exceptional value. Today operating as a separate division of Marie Callender†s Pie Shops, Inc. , there are a total of 38 American restaurants – 11 corporate and 27 franchise – and there are over 80 ESM restaurants in The United States and Canada. Efficiency is the first dimension of McDonaldization and â€Å"the optimum method for getting from one point to another† (Ritzer, 1996, 9). The parking lot allows ample amount of parking space for customers, including handicapped spaces directly in front of the building for efficient accessibility. The restaurant offers delivery to those who would like to spend their dinner in the comfort and convenience of their own homes. There is a small server to customer ratio to provide the best service expected throughout a customer†s meal. A kid†s bambino menu is offered for children to enjoy less expensive meals that suit their size, along with a separate lunch menu that offers smaller portions for a lighter meal. Happy Hour items are offered at certain hours for a quick snack fix, providing just enough time to satisfy your thirst with a favorite drink. Customers can pay with cash or credit card, whichever is more convenient for them. To streamline the process of the kitchen work ESM simplified pasta dishes (their biggest items) to take only minutes to cook very large quantities. All employees have specialized jobs to divide the work load/streamline, including: host†s/hostess†, bartender†s, server†s, cook†s, dishwasher†s, salad bar attendant†s, cleaning staff, cocktailer†s and management. To simplify the product the menu is limited and specializes in American/Italian food. They offer easy, quickly made finger food appetizers and unlimited soup/salad and bread which is prepared in just seconds. ESM puts you, the customer, to work the minute you walk into the restaurant. Their may or may not be a host/hostess at the front. In the place of service staff you will definitely find a horn on a taxi stand so that a customer may call for service to the front immediately when they would like to be seated. Take-out boxes are available for the customer to take any leftovers home with them. However there is a catch, the box is merely dropped by the table and the customer is expected to put away their own leftovers. The employees and customers of ESM function efficiently together to produce a profit for the business and satisfy the customer. The second dimension of McDonaldization, calculability, is â€Å"an emphasis on the quantitative aspects of products sold (portion size, cost) and service offered (the time it takes to get the product)† (Ritzer, 1996, 9). Servers are paid $6. 85/hr in Canada and $2. 15/hr in The United States. The rest of their money comes from tips so if they expect to take home cash they will have to work to their greatest ability and place their wages in the hands of the customers. Management usually recruits minorities to work the back of the house because they will work hard for little pay. Emphasizing quantity over quality is an important aspect of calculability. With any entree unlimited homeloaf and soup or salad is offered. For the bar flies free peanuts are always out in buckets for all to enjoy. Specials and promotions occur seasonally, like 15-cent wings on Tuesdays. Bigger is seen as better and ESM has conformed to this idea, establishing this illusion with many of its menu items. Large plates are used to serve most meals and give the idea of large portions, with options of three different sides on dinner items. Customers expect quick and accurate service, which ESM has provided by reducing the processes of production to numbers. To promise quick service, the server will initially take a drink/appetizer order to ensure that you as a customer receive prompt service immediately. The bread is brought out before the meal to snack on and give just enough time for transition to the main course. Customers do not like to sit in a restaurant without something in front of them. Each item on the menu has a preparation time, which is followed by the staff so customers can expect their food to be promptly served. ESM has successfully involved an emphasis on quantification. As the third dimension of McDonaldization, predictability, gives â€Å"the assurance that their [a company†s] products and services will be the same over time and in all locales† (Ritzer, 1996, 10). ESM has establishments across Canada and The United States and no matter where you go you can expect the same service and quality in each and every store. The logo is a familiar sign that represents a promise†¦. the same meal and experience you had at any other ESM. Every store that is built is a replicate of the previous one. The layout of each restaurant is similar, limiting the dining area to all non-smoking and only the bar area has smoking. The same colors are dominant in each store: red, green and white. The immediate feeling you will get when walking inside is that of a New York street with replica†s of the Brooklyn Bridge, Statue of Liberty, Scallero Bros. and Costello†s Markets (trademarks of ESM). Interaction between the employees and customers is scripted and predictable at each visit to the restaurant. The customer is seated, informed of specials, drink/appetizer orders are taken, bread, soup and salad are brought before the meal, entrees are served with the offering of cheese or pepper, a desert menu is presented, dishes are cleared from the table and the check is presented and paid for. ESM provides each of its employees with a handbook that outlines server etiquette. The employees are expected to have the mindset of â€Å"the customer is always right† which should convince the customer with the notion â€Å"I†ll be back†. Employee behavior is predictably the same. The staff wears the same casual uniform at each restaurant with a rountinized order of operations. You can always expect to have your server offer you fresh ground pepper or parmesan cheese. With respect to birthdays a desert of choice is presented with the East Side Mario†s famous birthday song. The menu remains the same, introducing new items on promotion once in a while, producing the same predictable products. People expect to have the garlic homeloaf with unlimited soup and salad. The routine, uniformity and systematization of operations in ESM prove that predictability has been achieved. The fourth dimension of McDonaldization is â€Å"increased control and the replacement of human with nonhuman technology† (Ritzer, 1996, 101). ESM has integrated all forms of technology to better their establishment. From the fountain pop dispenser to timed broilers and appliances, every process is controlled by some sort of automation. Under control is both the product and process of the business. The menu continually remains the same, limiting the items for customers to choose from. The Micros system is used to input orders which will be sent to the back of the house, organize each table†s order and have the food out and arranged according to the server†s timing. Server†s and bartender†s are expected to id all customers who look as though they are under the age of 30 for alcoholic beverages. In regards to controlling customers, the guest is expected to honk the horn to get the attention of employees to serve them. If there is a wait a pager is given out to customers to be buzzed at the soonest opportunity a table opens up. When the customer is through with a meal, the check is brought promptly to encourage them to leave and allow the next table to be sat. A tip percentage is required for parties of 8 or more to ensure that the time spent on larger parties will be well rewarded in wages. Nonhuman technologies that have been implemented into ESM operations control the nature of the business. The irrationality of rationality is recognized as the fifth dimension of McDonaldization. This is the downside of McDonaldization emphasizing the basic idea that â€Å"rational systems inevitably spawn irrational consequences†, â€Å"serve to deny human reason† and â€Å"are often unreasonable† (Ritzer, 1996, 13). In regards to efficiency people will go to ESM in search of a relaxing meal to find they have an hour-long wait, congested waiting space and loud noise. The efficiency of spending a family meal in a comfortable atmosphere now becomes inefficient. People are unable to sit right away, asked to wait with their families in a smoke filled bar and expected to just be patient while they anticipating the buzzing of their pager number. Employees who are expected to deal with the impatient customers get irritable which reflects on their work and the restaurant as a whole. When ESM business is slow and employees are unable to make tips there is no longer an incentive to put out quality work. The efficiency of paying minimum wage is lost when workers quit because they do not make enough for tips. The cost of a nice dinner for an average size family of 4 at ESM could cost well over $60. In the long run this could be the cost of 3 home cooked meals. The profit a restaurant business makes on pop and such is huge compared to the production price. A family could just as well spend dinner at home, talking/interacting with one another in a much more comfortable, quit, atmosphere. ESM offers the illusion of fun to attract customers and have them coming back. The setting gives the feeling of a New York City street with all of the downtown memorabilia. â€Å"A taste of little Italy† is used to let the prospective guest know that traditional Italian food will be served with popular Italian/American music filling the dining room. The National Television Network, NTN, offers an interactive trivia game to be played in the bar area. Entertainment is brought in on special occasions and the server†s call out loud to the kitchen to fill the atmosphere with a feeling of excitement. The unreality, or illusion of reality, which often goes unheard of in the restaurant business, still exists. The reality is that you aren†t going to see the service staff singing and dancing with customer as they do in the commercial, in fact you†ll be lucky if you can flag them down as they run by your table at top speed. The streets of New York City are not resembled accurately by the miniature landmarks located throughout the restaurant and it†s unlikely a true Italian (person with Italian heritage) will serve your meal. All of this is not reality. Dehumanization recognizes a system that is destructive to human beings. This dehumanization recognized in society is evident through health and environmental hazards, the dehumanization of customers and employers, a negative effect on human relationships and homogenization. The increased concern for the human diet is strongly affected by eating out and Italian food is extremely fattening. A dish known as fettuccine alfredo has been given the nickname â€Å"heart attack on a plate†. To adapt to these concerns ESM has began to offer low fat dressings and deserts. The vegetables have to be used in good time, as does much of the inventory so that contaminated/old food is not distributed. Dishes must be cleaned thoroughly so that germs do not transfer to other customers. ESM provides a fairly environmentally friendly establishment with reusable dishes. The biggest concern is over styrofoam take-out boxes. Customers follow through with the same routine every time they enter a restaurant. ESM encourages the employees to follow script but at the same time get comfortable and act interested in the customer. But that†s just it†¦ an act. Servers really are not interested in the lives of every stranger who steps foot in the building. Scripting brings employees and customers down to a primitive dehumanizing level of interaction. Turnover rates at ESM are not as high as those in the fast food industry however it is unlikely that the same person will ever serve you. There is little, impersonal contact between people. ESM offers benefits for staying with the company, employee incentives, and employee events to encourage longer lasting relationships with the company and fellow workers, thus increasing the likelihood of establishing a relationship with customers. ESM is a chain with franchises and individually owned stores. With its diversity of location it gives people the opportunity to recognize a familiar place and limiting the appeal to ever try anything new. Because ESM is the same no matter where you go you could virtually enter one restaurant and not know whether you were in Burlington, Ontario, Canada, or Phoenix, Arizona, USA. This is limiting the diversity of our world and proves that McDonaldization is homogenizing every aspect of society into one. All of these dehumanizing effects of McDonaldization apply to ESM and add to the irrationality that actually exists. â€Å"As McDonaldization comes to dominate ever more sectors of society, it will become ever less possible to ‘escape† from it† (Ritzer, 1996, 143). In other words McDonaldization imprisons people into an iron cage. Max Weber referred to it as the â€Å"iron cage of McDonaldization† implying that the systems of society will become so inhuman that the systems will eventually have control of everything. To make it in a McDonaldized society higher profits and lower costs will continue to be the goals of all businesses. The best ways to reach this goal is to conform to McDonaldization and strive for efficiency, calculability, predictability and control. ESM increases profit by taking each of these steps so that it can keep up with the competition. People have come to value the individual dimensions of McDonaldization and insist on relating to them even if they are not rewarded with economic gains. ESM has fallen into the trap and chosen locations on busy street corners surrounded by its competitors where a huge concentration of McDonaldization resides. The process of McDonaldization is so desirable that it is pursued as an end to itself (Ritzer, 1996, 145). Fordism is the ideals Henry Ford projected into society. Mass production of a single product, using a simple assembly line process, standardized routines, deskilling, and more demanding and expanding markets have arisen as the result of Fordism. ESM came out of the woodwork with the idea of bringing New York City†s Little Italy to any city. They became part of the restaurant market and had to adopt Fordism principles in order to reach high profitability with low costs. Post-Fordism arose later on and is characterized by more customized/specialized products, smaller systems for specialization, technologies that will produce a range of products, requiring more workers, which in turn leads to diversity once again. ESM has also incorporated post-Fordism characteristics. They use one computer system to run the security systems, kitchen appliances, run credit charges and place orders. They cater to each individual customer, giving them what they ask for. Finally, postmodernism, the idea that we are entering a more irrational and flexible era. The spread of different cultures throughout all of society is a product of postmodernism. ESM brought Little Italy to all kinds of cities. In fact, this American/Italian restaurant does not even exist in Italy. This society is superficial; people pass through McDonaldized systems without even being phased by them. No one walks into ESM and thinks; â€Å"wow this is a superficial McDonaldized system†. Every product and service has been presented before. ESM doesn†t have the original calamari al† diavolo sitting in a glass case to display. We now live in an n impersonal world. Even though employees approach customers with interest and a smile, they do not have a personal relationship with them. There no longer exists much emotion or expression in the postmodern society. We have to work hard at impressing people these days, having to always find something new and exciting to keep a customer hooked. Events of the past and present blur together. It is hard to distinguish between each visit to a restaurant, eventually all the visits blur together. Reproductive technologies have taken over. Computers and TV†s dominate industry and the lives of every individual. In the restaurant business if the computers were to crash†¦. there goes the payroll, power, cash registers; the entire operation is over in the blink of an eye. Just like nearly all institutions in our society ESM is trapped in an â€Å"iron cage of McDonaldization†. I believe McDonaldization has invaded every sector of society and as someone who grew up with McDonaldization at every corner of my life I would have to say it†s been productive. It has allowed society to evolve. Every aspect of life has consequences and downfalls; it†s just a matter of dealing with them. I like moving at a fast pace. Why do people have to make friends with every person they encounter? It†s nice to have companionship but not from your server in a restaurant. McDonaldization has served as a directing force, another stage in our history. We adapt to every turn the world makes and change is good. When all of the aspects of McDonaldization are intertwined society runs smoothly. East Side Mario†s was an example of a company that followed all the rules, aimed for a goal and made it. I believe that†s all that it should take in anything you do in life to make it, just follow the rules and reach for your goals. McDonaldization is a positive contribution to society.

What Really Makes Factories Flexible

Introduction: In this literature, â€Å"What really makes factories flexible? † the writer brought out the topic for factory flexibility, which defines as a production  facility  organized  to  respond to customer orders quickly in order to provide  a  full  and varied range  of  operations  or  services, across many  product lines with very short  changeover times and may introduce new products of similar range fairly easy. For example, most modern  automobile plants  are designed as  flexible  factories to build various models. Having acknowledged the importance of flexibility, how would manufacturing managers in a broad array of industries find pathways to improve the process? What are the difficulties of defining flexibility of a plant and how do they measure flexibility in terms of plant productivity? What measurements are needed to show improvement of the process? The author performed a research in a study of sixty-one factories in North America that manufacture fine paper to find out the answer. Define the problem: Unlike most other industries in which different plants make different products, the paper industry's products are more comparable across plants since paper are produced by very similar process. There are a few characteristics for the paper industries to be the right candidate. In paper industry, the qualities of products by grades are straightforward numbers which can be able to be measured by the author. These numbers enabled the author to develop both the range of paper a plant could produce and how much time it needed for a plant to switch from making one kind of paper to making another. By using these numbers the author was be able to define the operational flexibility for manufacturing plants needed to measure and find the ways to improve the processes. Defining the problem is the first thing needed by each manager. â€Å"What is flexibility? † Managers are having hard times to define as the term may mean very different for different people. At plant level, it is about the ability to change over or adapt new system, however, specifying and characterizing this ability is not an easy task. As one manager may talk about the flexibility to produce the types of production from up and down depending on what the market needs; another manager may talks about the flexibility to change over from making one type of paper to another with less time and money. In the author's point of view, flexibility should be emphasized in determining by its competitive environment. The measurement of flexibility can be based on a) product range in different things as a plant can have the ability to produce a small number of products that are very different from one another b) mobility for a plant to change over from making one product to another and c) uniformity of performance as a flexible plant can perform comparably well to make any product within a specified range. Once managers have defined the different kinds of flexibility they are trying to develop, another set of issues had come up as how to measure the flexibility and improvement of flexibility. Also it is often unclear in which general features of a plant must be changed in order to make its operations flexible. The depth and wisdom of experience managers have to be carefully assessing their strategies to define what kind of flexibility they are looking for before embarking on a flexibility program, or otherwise the results can be disastrous. Implication and analysis to select best alternatives: By collecting production data, the author was able to measure the breadth of paper grades that each plant was capable of producing and the changeover time that each plant required to switch between grades. There were additional measurements of flexibility such as workforce by length of service, the level of computer integration (CIM), the change and break frequency, etc. Each plant may emphasize in a whole range of factors from different quality and types of flexibility based on the managers, so end up there are large differences across plants. One major issue covered in this literature is that the degree of computer integration (CIM) does not really help on plant flexibility by increasing range of products produced or improving change over time even though large money was invested in it. Managers often have difficulty justifying CIM projects on the basis of cost savings or quality improvements therefore justify them on basis of improved flexibility CIM will provide. In this case, only the engineers or a few trained employees understand how the system works; most of the plant operators are not trained to operate which create problems. Operators instead decide to perform manual-change over, which in a surprising findings the best manual change system operate much faster than computer. This result shows the serious problem from operators as they have no interest to adapt the change to operate CIM. It hit hard on the managers with thoughts being reluctant that they are doing something right, but actually they are wrong. Implement decision to change the system: For successful manager to figure out the issues of CIM before implementing it in a plant, they should consider building up skills for their operators. As the author denoted, â€Å"Plants become more flexible when managers stress to workers the importance of flexibility. For example, a plant that wants to excel at customizing products will need to develop the capabilities to carry out large range of jobs in the plant. Managers then need to determine what type of workforce or equipment (ex CIM) needs to enhance flexibility. After that managers need to figure out different ways to measure the type of flexibility sought and emphasize the importance of the measures to the employees. Trainings should be added in th e process to build up experienced workforce and eventually to see improvement in flexibility. For example, continuous learning problem such as operational excellence may help management team in different level to control and maintain a flexible manufacturing plant. Evaluate the outcome: By integrating the appropriate steps to a) defining the problem of flexibility, b) implication and analysis to select best alternatives and c) implement decision to change the system, the next step is to evaluate the outcome to see if there is any improvement or if not, further alterations will need to be made. Outcomes that need to be evaluated are not limited to employee training in different level. Employees training based on experience are critical for a manufacturing plant to increase flexibility. More experience workers are not willing to adapting the new systems such as CIM comparing to less experience workers who are more willing to change. Conclusion: A good manufacturing management team designs what is best way for its plant to run, and plants that are flexible in terms of mobility (in terms of change over time) and range (in terms of various productivity) tended to have a clear measures of what flexibility should be developed. Managers have to decide what benefits the plant, how the plant operate, what kind of flexibility they are looking for, select the right decision making tools such as CIM, training for the employees based on different levels of experience, analyzing the data and provide surveys for customers. Managers should provide people the support needed in order to achieve the goal for lower the cost, decreasing change over time, increasing throughput and eventually make more money. Manager should never put too much faith in depending on CIM to complete the tasks in ease. CIM provides critical advantages to improve factory flexibility only if it can be implemented in the right way to fit the system. CIM generally needs experienced operators to control so trainings are critical for employees in different level. CIM could only be one of the alternative tools for managers to use. The flexibility of a plant depends much more on people (manager, field-supervisors, engineers and operators) than on any technical factor (automation, CIM). Managers should never only embraced in CIM as the solution to the growing need to forge new capabilities, instead managers should put more faith in the day to day management of people. Extended Research: I read two other articles which were written within the last three years. It is obvious that both articles talk about how computer integration both software and hardware can help to improve process flow and flexibility of a plant. This is because a more mature CIM system has been established through studies from field experts and universities. In general, employees nowadays understand that continuous learning is the keys to maintain competitiveness in the job market. This doesn’t mean that managers’ job are easier to do, but flexibilities in all level from a plant, a team, or just individual are critical in order to maintain a competitive advantage. Reference: 1. Manufacturing Flexibility – Synchronizing the Shop Floor and Supply Chain by Aberdeen Group 2. Improving Plant Performance and Flexibility in Batch Process Manufacturing: With an Example from the Food and Beverage Industry by Filippo Focacci

Aristotles politics essays

Aristotles politics essays Its amazing how Aristotle grasped political science so well in the year circa 330 B.C. How well he described democracy, oligarchy, aristocracy, etc. more than 2300 years ago with such precision is quite profound. However, Aristotles Politics may be a bit hard to understand at first, but after understanding, his political views become clear. In Aristotles Politics many regimes are discussed throughout and classified as good or bad, or as just and unjust. Many regimes succeed and many regimes fail due to governmental and societal structures. If the government is not meeting the needs of the people or society the government may be over-thrown by those who oppose, the same is true for a single ruler. Revolutions, when the people revolt, are usually caused when a regime is unjust towards the citizens in the regime. In monarchies, the people may revolt due to a bad ruler, or an unfair ruler. In democracies, the people may revolt because the rich are being treated unfairly, or the citizens rights are being taken away. In oligarchies, the people may revolt because the poor are being treated unfairly. First of all, in any regime the citizens must be treated justly and the laws must also be carried out in a just manner. If a certain regime is ruled by a certain set of people, the regime must pay particular attention to the minority otherwise revolution may result causing the downfall of a regime. For example, in a democracy, which is rule by the common or the poor people, they also have to treat the few or the rich justly. In an oligarchy, which is rule of the few or the rich, they have to treat the many or the common people justly. If any regime does not pay attention to the minority, revolution could occur or the regime could turn to tyranny or monarchy. Secondly, Aristotle compares democracy and oligarchy in books three and four, by not only comparing and contrasting them, but also by ...

The Appeals Process Stage of a Criminal Case

The Appeals Process Stage of a Criminal Case Anyone convicted of a crime has the right to appeal that conviction if they believe a legal error has occurred. If you have been convicted of a crime and plan to appeal, you are no longer known as the defendant, you are now the appellant in the case. In criminal cases, an appeal asks a higher court to look at the record of the trial proceedings to determine if a legal error occurred that may have affected the outcome of the trial or the sentence imposed by the judge. Appealing Legal Errors An appeal rarely challenges the decision of the jury, but rather challenges any legal errors that the judge or the prosecution may have made during the trial. Any ruling that the judge made during the preliminary hearing, during pre-trial motions and during the trial itself can be appealed if the appellant believes the ruling was in error. For example, if your lawyer made a pre-trial motion challenging the legality of the search of your car and the judge ruled that the police did not need a search warrant, that ruling can be appealed because it allowed evidence to be seen by the jury that would not have otherwise seen. Notice of Appeal Your attorney will have plenty of time to prepare your formal appeal, but in most states, you have a limited time to announce your intention to appeal your conviction or sentence. In some states, you have only 10 days to decide if there are issues that can be appealed. Your notice of appeal will need to include the exact issue or issues upon which you are basing your appeal. Many appeals have been rejected by higher courts simply because the appellant waited too long to raise the issue. Records and Writs When you appeal your case, the appellate court will receive the record of the criminal trial and all rulings leading up to the trial. Your attorney will file a written brief outlining why you believe your conviction was affected by legal error. The prosecution likewise will file a written brief telling the appellate court why it believes the ruling was legal and appropriate. Usually, after the prosecution files its brief, the appellant can file a follow-up brief in rebuttal. The Next Highest Court Although it does happen, the attorney who handled your criminal trial will probably not handle your appeal. Appeals are usually handled by lawyers who have experience with the appeals process and working with higher courts. Although the appeals process varies from state to state, the process generally starts with the next highest court in the system - state or federal - in which the trial was held. In most cases, this is the state appellate. The party that loses at the appeals court  can apply to the next highest court, usually the state supreme court. If the issues involved in the appeal are constitutional, the case can then be appealed to the federal district appeals court and eventually to the U.S. Supreme Court. Direct Appeals/Automatic Appeals Anyone who is sentenced to death is automatically given a direct appeal. Depending on the state, the appeal may be mandatory or dependent on the defendants choice. Direct appeals always go to the highest court in the state. In federal cases, the direct appeal goes to the federal courts.A panel of judges decides on the outcome of direct appeals. The judges then can either affirm the conviction and sentence, reverse the conviction, or reverse the death sentence.  The losing side can then  petition for a writ of certiorari with the U.S. Supreme Court.   Appeals Rarely Successful Very few criminal trial appeals are successful. Thats why when a criminal appeal is granted, it makes headlines in the media because it is rare. In order for a conviction or a sentence to be overturned, the appeals court not only must find that an error occurred, but also that the error was clear and serious enough to affect the outcome of the trial. A criminal conviction can be appealed on the basis that the strength of the evidence presented a trial did not support the verdict. This type of appeal is significantly more expensive and much more lengthy than a legal error appeal and even more rarely successful.

Brian Nichols †Atlanta Courthouse Killer

Brian Nichols – Atlanta Courthouse Killer On March 11, 2005, Nichols was on trial for rape at the Fulton County Courthouse in Atlanta when he overpowered a female deputy, took her gun, and went into the courtroom where he trial was being held and shot the judge and a court reporter. Nichols is also charged with killing a sheriffs deputy who tried to stop his escape from the courthouse and shooting a federal agent at his home a few miles from the courthouse.Nichols escape set off one of the largest manhunts in Georgia history, which ended after he took Ashley Smith hostage in her apartment and she convinced him to let her leave and then called 9-1-1. Case Developments Brian Nichols Avoids Death Penalty Dec. 12, 2008 Brian Nichols, the convicted Atlanta Courthouse killer, avoided the death penalty when a jury deciding his fate deadlocked after four days of deliberation. The jury was split 9-3 in favor of giving Nichols the death penalty rather than life in prison. Atlanta Courthouse Killer Found GuiltyNov. 7, 2008After deliberating for 12 hours, a jury found the Atlanta Courthouse killer guilty of murder and dozens of other charges in connection with his deadly escape from the Fulton County Courthouse on March 11, 2005. Brian Nichols was found guilty of all 54 charges after pleading not guilty by reason of insanity. Previous Developments Ashley Smith Testifies Against Brian NicholsOct. 6, 2008 The woman who talked accused Atlanta Courthouse killer Brian Nichols into surrendering to police testified at his trial that she appealed to his religious beliefs while she was held captive by him in her apartment. Atlanta Courthouse Shooting Trial UnderwaySept. 22, 2008After years of delays and nine weeks to select a jury of eight women and four men, the trial of accused Atlanta Courthouse shooter Brian Nichols got underway under high security Monday. Nichols has pleaded not guilty by reason of insanity for killing a judge, court reporter and sheriffs deputy at the Fulton County Courthouse and a federal agent later that day. Atlanta Courthouse Shooting Trial Finally BeginsJuly 10, 2008Jury selection has finally begun in the Atlanta Courthouse Shooting a day after Brian Nichols pleaded not guilty by reason of insanity to 54 counts, including the murders of four people. More than 600 witnesses are scheduled to testify in the high-profile trial which could last for months. Mental Exam Ordered for Brian NicholsJune 12, 2008A judge has ruled that prosecutors can have their own psychological expert examine Brian Nichols, who plans to claim he was insane when he shot his way out of an Atlanta courthouse in 2005. Nichols Wants New Judge RemovedApril 23, 2008Brian Nichols defense team claims the judge should recuse himself because he was a friend of one of the victims. Judge Keeps Jury Pool in Brian Nichols CaseApril 11, 2008The new judge in the Atlanta Courthouse Shooting case has ruled that the jury selection process will begin again in July where it left off before being interrupted by the controversy over the funding for the defense. Superior Court Judge Jim Bodiford issued a ruling that jury selection would continue July 10 from the original jury pool of 3,500. Courthouse Shooting Judge Steps DownJan. 30, 2008The controversial judge in the Atlanta Courthouse shooting trial of Brian Nichols has stepped down after a magazine article quoted him saying, everyone in the world knows he did it. County to Help Fund Brian Nichols DefenseJan. 15, 2008The death penalty trial of accused Atlanta Courthouse killer Brian Nichols could begin again as early as mid-March after the Fulton County Commission voted to spend $125,000 to help in his defense by paying for a psychiatric evaluation. Brian Nichols Murder Trial Delayed AgainNov. 16, 2007For the fifth time, the murder trial of accused Atlanta Courthouse Killer Brian Nichols has been delayed due to a lack of funds for his defense. Sticking to his guns despite growing criticism, Judge Hilton Fuller ruled that he will not start the trial until there is more money provided to Nichols defense team. DA Tries to Force Start of Nichols TrialNov. 2, 2007The Fulton County district attorney has filed a complaint with the Georgia Supreme Court in an effort to force the judge in the Atlanta Courthouse Shootings case to resume jury selection. Atlanta Courthouse Shooting Trial to BeginOct. 15, 2007Security will be tight at the Fulton County courthouse this week as the trial of Brian Nichols begins in the same building he is accused of shooting his way out of almost three years ago. Lack of Money May Delay Brian Nichols TrialFeb. 12, 2007The trial of Brian Nichols in the Atlanta courthouse shooting case may be delayed because the agency in charge of paying his court-appointed attorneys is out of money. Atlanta Courthouse Shooting Trial BeginsJan. 11, 2007Although there is absolutely no doubt about the guilt of the defendant, a long, drawn out and expensive trial is scheduled to begin in the same courthouse that also happens to be the scene of the crime. Brian Nichols Trial Delay RejectedDec. 22, 2006Superior Court Judge Hilton Fuller has rejected another defense motion that would have delayed the start of the trial of Brian Nichols. Atlanta Courthouse Shooting Trial to Be Moved?Jan 30, 2006Attorneys for Brian Nichols have asked that his trial be moved to another courthouse, because the current one is the crime scene. Hostage Ashley Smith Gave Nichols MethSept. 28, 2005Ashley Smith, the woman who helped authorities capture Atlanta Courthouse killer Brian Nichols, says in her new book Unlikely Angel that she talked with him about her faith and gave him methamphetamine during her seven-hour hostage ordeal. Previous developments in the Atlanta Courthouse Shooting case: Two Arrested for Murder of Ashley Smiths HusbandJune 23, 2005Four years after Daniel (Mack) Smith was stabbed to death at an August, Georgia apartment complex, two men have been indicted and arrested for the stabbing death of the husband of Ashley Smith, the woman who convinced the Atlanta courthouse killer to turn himself into police. Death Penalty Sought for NicholsMay 5, 2005The Fulton County district attorney will seek the death penalty for the man accused of shooting his way out of an Atlanta courthouse, leaving four people dead and setting off the largest manhunt in Georgia history. Ashley Smith Collects $70,000 RewardMarch 24, 2005Ashley Smith was given $70,000 in reward money for helping authorities capture courthouse shooter Brian Nichols. Hostage: God Brought Him to My DoorMarch 14, 2005Ashley Smith, the 26-year-old hostage who notified police that the Atlanta Courthouse Killer wanted to turned himself in, read to Brian Nichols from The Purpose Driven Life, shared her personal faith, and prayed with him for more than seven hours in her Duluth, Georgia apartment. Courthouse Killer Waves White Flag to SurrenderMarch 12, 2005Brian Nichols, the man who killed three people in a Fulton County Courtroom Friday, waved a white flag to surrender to authorities after they surrounded a Metro Atlanta Area apartment that belonged to a woman who managed to call 911. Courthouse Killer Gives Cops the SlipMarch 11, 2005The manhunt for an Atlanta man who killed three people at the Fulton County Courthouse Friday morning became a lot more complicated when the vehicle the suspect was thought to be driving was found 14 hours later on a lower deck of the same parking from which it was supposedly stolen.

Information Technology & Communication Coursework

Information Technology & Communication - Coursework Example Be it Americans or Asians, White or Black, human nature almost responds to the same way. For instance, if one receives an uninvited ad(s) on his/her mobile, most probably it would cause not only irritation but also discourage him/her to pay attention to other valuable messages/information. Let me clarify the situation by giving my own example. I keep on receiving Call/SMS package offers from the Cellular Company but I never bother to read such messages and delete them right away. Why? Because I am not interested in. Thus, in my case I would term it as a failed marketing. So I am trying to convey is that mobile marketing can surely drive better results provided if it is going to be a â€Å"Permission-Based Advertising† – i.e. with user’s prior permission to receive such ads. Lih-Bin Oh and Heng Xu (2003) stated, â€Å"Advertising researchers have devoted much attention to the study of irritation arising from advertisements such as TV commercials and Web pop-up ad vertisements. For the case of permission-based location-aware advertisements, the level of irritation should be rather low since messages are delivered with the receiver’s prior consent†.