Post-conviction remedies Essay Example | Topics and Well Written Essays - 500 words

Post-conviction remedies - Essay Example common post conviction appeals include: appeal to State appellate Court which contends that trial judge made some legal error, State Supreme Court appeal that requests that highest court in the state review and overturn the decision of the mid-level appeals court, U.S. Supreme Court appeal that makes a request to the highest court in the nation to intervene and correct an error on the part of the state courts that violated the U.S. Constitution, appeal of Federal Habeas Corpus Petition to Circuit Court which requests the mid-level federal court to review the federal trial courts decision denying the writ and lastly, appeal of Federal Habeas Corpus Petition to U.S. Supreme Court which requests the premier court in the land to examine the mid-level federal courts verdict denying the writ. On the other hand, Post conviction remedies include a variety of liberation sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sentence was base d upon some defiance of the U.S. Constitution. Among the most common post-conviction remedies available are the writ of Habeas Corpus and the writ of Coram Nobis. However, Writ of Habeas Corpus is the mostly used. It involves issuing of a court order that orders a person or a government official who has prevented another to produce the prisoner at a designated time and place so that the court can determine the authenticity of charge and decide whether to demand the prisoners discharge. Development of writ of habeas corpus can be traced back in 1215 whereby the habeas corpus concept was first expressed in the Magna Charta at Runnymede on June 15, 1215. Among the liberties affirmed in the Magna Charta was that "No free man shall be detained, or jailed, or diseased, or forbidden, or exiled, or wounded in any way (Neubauer, 2004). The writ of habeas corpus was initially used by the common-law courts in thirteenth and fourteenth century in England. From the late fifteenth to the

How Fast Food Nation has chancged MY personal eating and shopping Essay

How Fast Food Nation has chancged MY personal eating and shopping habits and WHY - Essay Example After reading Schlosser’s book, I’ve started retrospecting my eating habits, finding that Schlosser’s view of fast food has influenced my eating and purchasing decisions. In particular, I’ve started thinking of the kind of food I eat, the way it is processed, and how much organic food I consume. Like most other Americans, the huge volume of fast food advertising has used to attract me blindly to consume this kind of food. As argued by Schlosser, the harsh competition among fast food companies in the United States pushes them to use advertising heavily in order to attract more and more customers. Although fast food advertising is directed to all kinds of people, kids and adolescents are specially targeted in order to promote this kind of food among them. As kids and adolescents are still inexperienced, they can be easily influenced by what they watch on TV, and thats why fast food advertising attracts more and more young people in the US. Accordingly, like other American adolescents, I have turned into a heavy consumer of fast food since an early age due to the role of advertising. Everywhere in television and print media, we are surrounded by a great number of ads that aim at convincing us to use certain kinds of products and services or eat certain kind of food. In that sense, ads are tools that deepen the spirit of consumerism among Americans, since young age. TV ads, for example, use all modern approaches to push the audience to consume more and more products. In this context, the main role of the American government and Not-for-Profit organizations is to adequately inform people about the possible threat of junk food on health. To prove that TV ads play an important role for popularizing fast food among Americans, Schlosser notes that "the Fast Food chains annually spend about $3 billion on television advertising" (Schlosser, p. 47). However, this figure has

European Union, how successful was it at creating a single market Essay

European Union, how successful was it at creating a single market - Essay Example A free trade area is a form of economic integration wherein all barriers to trade, not only tariffs, are removed among participating nations although each nation maintains its trade barriers with other nations who are not members of the free trade area (Salvatore, 327). This was the situation in 1960 in the European Free Trade Association (EFTA) organised by the United Kingdom, Austria, Denmark, Norway, Portugal, Sweden and Switzerland (Salvatore, 328). A customs union provides no tariffs or other barriers to trade among member nations of the customs union and, in addition, the custom union harmonises trade policies with the rest of the world (Salvatore, 328). According to Salvatore, this was the status in 1957 of West Germany, France, Italy, Belgium, the Netherlands, and Luxembourg (328). A common market goes further than a customs union by â€Å"also allowing the free movement of labour and capital among member nations† (Salvatore, 328). According to Salvatore, much of Europ e became a common market in 1993 (328). Finally, an economic union is a significant advancement from a common market because in addition to the free flow of labour and capital among the members of the union, the economic union unifies the fiscal and monetary policies of member nations of the economic union (Salvatore, 328). Fiscal integration in the European Union is not immediately apparent. However, one good evidence of monetary integration is the launching of the euro as â€Å"the common currency of more than 300 million Europeans on 1 January 1999† (Europa, â€Å"The history of the European Union†).1 A study of Kocenda and colleagues in 2008 indicated that the monetary union within the European Union did not â€Å"encourage fiscal convergence among its members† (1). Thus, viewed from the perspective of advancement from a preferential trade arrangement and growing into a free trade area, then into a customs union, then into a common market, and finally into a n economic union, the formation of the European Union itself can be credited as a solid achievement in the creation of a single market. However, it is also possible to see the European Union as an act of protectionism of member countries of Europe against the rest of the world. In this sense, one can also view the formation of the European Union as a possible obstacle to the creation of a single market worldwide: a group of nations operating as a bloc or club within the World Trade Organisation (WTO). 2.0. Mission of the European Union The European Union, however, is more than an economic union. It is a political union as well among countries sharing a common vision and objectives. Europa, the official website of the European U

An analysis of the main character Lt. Henry in A Farewell to Arms Essay

An analysis of the main character Lt. Henry in A Farewell to Arms - Essay Example Lieutenant Frederic Henry is a young American who feels a strong obligation to serving the Italian army, but seldom finds himself without enjoyment. He interprets himself as a man of duty. The experience on the battlefront does not modify his self belief or feeing of honor; nor does he expect any praise for his services as a soldier. During duties in the war, Henry is seriously wounded on the battlefield and sent to the hospital in Milan for knee operation. His friend Rinaldi criticizes him for his injury and the medals of distinction that Henry may receive. Rinaldi stated, â€Å"You will be decorated. They want to get you the medaglia d’argento but perhaps they can get only the bronze.† Henry said, â€Å"What for?† Rinaldi replied, â€Å"Because you are gravely wounded†¦. Did you do any heroic act?† Henry’s frustration with his friend insisting on lobbying for a medal goes without notice, â€Å"No†¦ I was blown up while we were eating ch eese† (63). This clearly shows how Henry distances himself from nonfigurative thinking as faith, honor, and patriotism and also displays the spirit of his personality. During his recovery in the hospital, he feels very fortunate that Miss Barkley is transferred to Milan, and allowed to be by his side. During this time of healing, Henry and Catherine’s love blossoms causing him to stay with her and not return to battle. Catherine’s feelings are so strong for Henry that she considers their relationship to be a feeling above all belief, â€Å"You see, darling, it would mean everything to me if I had any religion. But I haven’t any religion†¦ You’re my religion; you’re all I’ve got† (116). This relationship is seemed to be surprising for the fact he barely knew her and much like his friend, Rinaldi, who forever longed for a night’s simple pleasures. Unaccustomed to such feeling of love and desire, Henry realizes that this new feeling is

Origins and Principal Teachings of the Sacred Scriptures of Judiasm Essay

Origins and Principal Teachings of the Sacred Scriptures of Judiasm - Essay Example Sinai† (Robinson, pp. 50-59). Judaism is a belief grounded within the sacred, moral, as well as communal regulations as they are expressed in the ‘Torah’. Jews talk about the Bible as the ‘Tanakh’, an acronym for the wordings of the ‘Torah, Prophets, as well as Writings’. Other holy texts consist of the ‘Talmud’ and ‘Midrash’, the rabbinic, officially permitted, and narrative understandings of the Torah. The modern subdivisions of Judaism fluctuate on their understandings as well as functions of these texts (Robinson, p. 99). The four most important activities within Judaism these days are conventional, traditionalist, transformation, and Reconstructionist, respectively ranging from conventional to moderate to faithfully progressive within their use of Torah. Though varied in their outlooks, Jews carry on to be integrated on the foundation of their common association to a set of holy accounts communicating their a ssociation with deity as a sacred people. Judaism tends to highlight practice on faith. Jewish reverence is centered in synagogues, which totally substituted the Second place of worship following its devastation during 70 C.E. Jewish spiritual leaders are known as rabbis, who supervise the several customs and rituals necessary to Jewish spiritual practice. â€Å"The Jews are not a race† (Robinson, p. 392), because they include inhabitants of all colors and ethnic kinds. Jews determine the issue of classification by depicting themselves as citizens, with uniqueness, which includes components together with religious conviction, traditions, language and historical recollection. It follows that Judaism is more than a belief or a faith system. It might best be explained as a sacred way of life, beginning in the historical description of the Jewish citizens. In this sense, â€Å"Jews perceive themselves as a family unit, tracing their beginnings to the ‘Biblical Patriarchsâ €™, usually dated as 1900 BCE (Before the Common Era)† (Robinson, pp. 190-215). As they travelled all over the world, the Jewish inhabitants carried with them particular religious as well as ethical standards, brilliant writing and a sense of ongoing history - the belief recognized as Judaism. Jews have faith in a single God who has no form or shape, who is both the maker as well as the ruler of the universe, and who lays down an ethical rule for humankind. In particular, â€Å"the conventional view of Jewish beginnings is founded on the patriarchal accounts found in the Hebrew Bible† (Solomon, p. 50-56). These accounts reveal an effort by the early Israelites, the antecedents of the Jewish inhabitants, to trace the origin of their population to single family unit that started to discriminate itself from those of other early cultures by the respect of one God. Even though these texts were written more or less a thousand years subsequent to the incidents explained, t hey are a consequence of the allegories linked with the historical origins of what people passed down verbally through the generations. Jews outline their descent, in addition to the origins of their religious conviction, to the â€Å"Patriarchs Abraham, Isaac and Jacob† (Robinson, p. 283). The liberation of the Jews in Europe during the 19th century led to the growth of ‘Progressive Judaism’, mainly within Germany, which wanted to settle in Jewish rule and

Marxism Analysis of The Lower Depths Essay Example for Free

Marxism Analysis of The Lower Depths Essay Maxim Gorky’s â€Å"The Lower Depths† shows the struggle between classes. Unquestionably, its focus is on the lowest of the economically low class people being controlled by the bourgeoisie. It is also a representation of how cruel the society could be towards them and how, in turn, the people are affected by the society. Although the play talks of the story of low class people –the vagrant, the gambler, the ex-artist, the ex-aristocrat, the prostitute, and so many others, the thief’s character is the best to display the struggle between the classes. Thieves are likely to be wicked, troublesome, and disobedient. However, the thief in the text projects only the wickedness and troublesomeness but is not really disobedient. He is a bit subservient to the whims of their landlady. Though it is true that there are times when he doesn’t want to follow what the woman says, in the end the woman would always find a way to make him do whatever she likes. For instance, when the landlady wanted the thief to kill her husband, the thief refused. And to bring her plans into reality, she beats Natasha –whom the thief cared about. This made the thief furious and he went to confront the landlady but he incidentally killed her husband instead. Aside from this, the fact that the landlady â€Å"owned† her sister Natasha made the thief adhere to her caprice. He is always protecting his love and is willing to do everything to spare her from the landlord and the landlady’s injustice. The text embodies how the low class people resist the ideology of those in the higher classes. However, because of circumstances they are in, they end up going along with whatever those in higher classes’ demands. The lower economic groups are ignored in this text by those higher than them. The mere title of the play is distasteful. The place where the characters live is created and tagged as the lower depths by no other than the society itself. This just means that the society is also the primary reason for the repression experienced by the people. What the society didn’t realize is that these low class people are in the lower depths because they are deprived of chances to attain their goals and they are put on circumstances that destroy their self-confidence. The system of the ruling class caused the alienation of the low class people, therefore causing them not to be able to live their lives to the fullest. Also, the setting is where the characters tell their stories and debate on whether it is better to live without illusions on ones own capability or to embrace a romanticized view of the world in order to protect oneself from the pain of daily life. In the play, it is the character of Luka who seems to idealize everything in life and the one who demonstrate that philosophy is meant to be used as an instrument to initiate change. Precisely, it was him who played the opposing figure to the rest of the characters. He is an example of an old man whom experiences made wise. He serves as an inspiration to everyone he meets by urging each of them to start a new life. In spite of this, his extreme optimism could also be the same reason why his life failed. And although he amazed the neglected lower class people in the lower depths, his arrival in their lives was too late that their energy and will has already taken from them. No matter how those people try to ascend from the social swamp, they are always shoved back into the depths. For example, when Natasha and the thief were about to begin a new life, destiny surpass them. Natasha was terribly beaten by her sister and when the thief came to confront the landlady, he accidentally killed the landlord. The theme of the play could be about the dominance of the higher class over the lower classes. As one of the play’s characters puts it â€Å"And so for all the others. Locksmiths then bootmakers and other working folk and all the agriculturals and even the gentry they live for the better man! Each thinks es livin fer imself, yet it turns out its fer that better man†. All of them who live in the depths and all the other workers seem to believe that they are living for themselves. What they don’t realize is that they are living to work and feed the bourgeoisie. And aside from this, the fact that the characters came from different field means that the bourgeoisie could control all aspects of the culture. To sum up, the play is a depiction of how the bourgeoisie rule the society. And the fact that the society puts the label to people shows how powerful it could affect other people’s lives.

Comparison of Hawk and Falcon Essay Example for Free

Comparison of Hawk and Falcon Essay Most people find it difficult to differentiate a hawk from a falcon. They normally mix them up. Although they seem similar in appearance, they certainly have numerous dissimilarities too. The hawk is bigger than the falcon and has a different shaped beak. I sometimes hear the hawk cry out as she flies above my house looking for food. The hawk and the falcon are similar in a lot of ways but differ in, the way they hunt, their size, and their habitat. â€Å"The term ‘hawk’ is used to describe the entire family of diurnal birds of prey. Hawks have acute keen eyesight, muscular legs with powerful feet and sharply hooked bills that are used for biting and tearing flesh. Known for their sharp talons, hawks catch their prey even during flight. Their nostrils are located above the bill on a fleshy patch of skin called the cere. They are swift fliers, with some attaining a speed of over 150 mph when diving†. ( Unknown author, n. d) They eat rats, shrews, ducks, toads, frogs, snakes, rabbits, and other birds. They hunt by day and can â€Å"see their prey two miles away their eyesight is the best in the animal kingdom. (Unknown author, 2011) â€Å"The size of the hawk ranges from 19 inches long to 22 inches long. The biggest hawk, the rough- legged hawk has a wingspan of more than 55 inches. † (Unknown author, 2011) The female is bigger than the male most of the time. Young hawks grow fast maturing in a month’s time. Their habitat is in forests, prairies, marshlands and open savannas. Mating and nest building begin in the spring, March through May. Accompanied by aerial displays by both female and male. â€Å"Nests are located from 35 to 75 feet high in the forks of large trees† (Unknown Author, 2011). Both female and male build the nest from twigs and evergreen branches. Female hawks lay anywhere from 1 to 3 eggs, they hatch in 28-32 days. Hawks mate with their partner for life, but if the partner dies the mate quickly finds another partner. On the other hand, falcons are quite different than hawks. â€Å"Any species of raptor in the genus Falco is identified as falcon. Falcons comprise of a heterogeneous family of long winged birds of prey, which are closely related to the hawks. Falcons can dive at a speed of up to 200 miles per hour. This phenomenal speed makes them the fastest-moving creatures on earth. †(Unknown author, n. d) They hunt by day and can spot prey a mile away. â€Å"Falcons go to great heights to wait for their prey, once they see it they dive at great speed and hit it using their beak to damage the neck†(Clarisse, 2011) . They eat other birds such as† sparrows, starlings, gulls, ducks and pigeons†(Harvey, 2006). They catch their prey in midair and surprise it, it is killed instantly. Falcons claw and tear the flesh from their prey with their strong beak. The falcon size ranges from 14-19 inches. â€Å"The nest is prepared in a saucer shaped form in soil, sand, or grass call† scrape† Their habitat is in forests, mountains, deserts, sea cliffs, in cities, and large urban areas. † (Harvey, 2006). Male and female share the responsibility of the eggs. â€Å"The female lays 3-5 eggs around 2 to 3 days apart† (Harvey, 2006). The female falcon and male falcon mate for life. Hawks and falcons, both hunt in the day, and both catch their pray in mid-air, but hawks eat a variety of animals unlike the falcon who just preys on other birds. They both have nest’s high off the ground but, hawks nest in trees while falcons make their nests in soil, sand, and gravel on cliffs and on top of tall buildings. Falcons can dive up to speeds of up to 200 miles an hour; whereas hawks can dive around 150 miles an hour. Hawks live an average of up to 21 years while the falcon’s life span is around 17 years. Hawks can see their prey up to two miles and the falcon can see their prey up to one mile. Falcons live in the city, forest, desert, mountains and large urban areas, while the hawk lives in the forest, marshland, and open savannas. Hawks are also bigger than falcons. To sum up, hawks and falcons do seem similar, but they have several different qualities regarding size, habitat, and diet. â€Å"Falcons grab their prey with their beak while hawks use their talons to kill their prey† (Kivumbi, 2011). â€Å"Falcons have a notch on their beak and hawks have a curve† (Srinstar, 2011). They may look alike but are quite different. Look closely next time and see the difference between the two. Hawks are bigger and have a different beak.