Free Essays on Due Process

Due process is best defined in one word-fairness. Throughout the history of the United States, its constitutions, statues and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. Due process of law is administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and the safeguards for the protection of individual rights. When or if at anytime a person is treated unfairly by the government, the criminal justice system (to include the courts), that person is said to have been deprived of or denied his/her due process. it is often referred to in such terms as the "law of the land" and "legal judgement of his peers." The first time these expressions were used in the sense of due process was in the great charter of English liberty, the Magna Carter. In the United States, the phrase due process first appears in the Fifth Amendment to the United States Constitution, ratified December 15, 1791. the amendment refers specifically to federal and not state actions, therefore another amendment was necessary to include the states. this was accomplished by the 14th Amendment, ratified July 9, 1868. As a result of the ratification, it was established at both federal and state levels that no person "shall be deprived of life, liberty, or property without due process of law." Recently, the United States Supreme Court has placed emphasis on procedural safeguards in the administration of criminal justice in federal and state cours. As determined by custom and law, due process has become a guarantee of civil as well as criminal rights. Through interpretation of the law, due process has grown to include, among other things, provision for ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right ot be heard in his/her own defe... Free Essays on Due Process Free Essays on Due Process The phrase ''due process of law'' does not necessarily imply a proceeding in a court or a plenary suit and trial by jury in every case where personal or property rights are involved. 25 ''In all cases, that kind of procedure is due process of law which is suitable and proper to the nature of the case, and sanctioned by the established customs and usages of the courts.'' 26 What is unfair in one situation may be fair in another. 27 ''The precise nature of the interest that has been adversely affected, the manner in which this was done, the reasons for doing it, the available alternatives to the procedure that was followed, the protection implicit in the office of the functionary whose conduct is challenged, the balance of hurt complained of and good accomplishedthese are some of the considerations that must enter into the judicial judgment.'' 28 n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite, the term can be gauged by its aim to safeguard both private and public rights against unfairness. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall†¦be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle flows many legal decisions determining both procedural and substantive rights.... Free Essays on Due Process Due process is best defined in one word-fairness. Throughout the history of the United States, its constitutions, statues and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. Due process of law is administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and the safeguards for the protection of individual rights. When or if at anytime a person is treated unfairly by the government, the criminal justice system (to include the courts), that person is said to have been deprived of or denied his/her due process. it is often referred to in such terms as the "law of the land" and "legal judgement of his peers." The first time these expressions were used in the sense of due process was in the great charter of English liberty, the Magna Carter. In the United States, the phrase due process first appears in the Fifth Amendment to the United States Constitution, ratified December 15, 1791. the amendment refers specifically to federal and not state actions, therefore another amendment was necessary to include the states. this was accomplished by the 14th Amendment, ratified July 9, 1868. As a result of the ratification, it was established at both federal and state levels that no person "shall be deprived of life, liberty, or property without due process of law." Recently, the United States Supreme Court has placed emphasis on procedural safeguards in the administration of criminal justice in federal and state cours. As determined by custom and law, due process has become a guarantee of civil as well as criminal rights. Through interpretation of the law, due process has grown to include, among other things, provision for ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right ot be heard in his/her own defe...

All About Russias Exclave of Kaliningrad

All About Russia's Exclave of Kaliningrad Russias smallest oblast (region) of Kaliningrad is an exclave located 200 miles away from the border of Russia proper. Kaliningrad was a spoil of World War II, allocated from Germany to the Soviet Union at the Potsdam Conference that divided Europe between the allied powers in 1945. The oblast is a wedge-shaped piece of land along the Baltic Sea between Poland and Lithuania, approximately one-half the size of Belgium, 5,830 mi2 (15,100 km2). The oblasts primary and port city is also known as Kaliningrad. Founding Known as Konigsberg prior to Soviet occupation, the city was founded in 1255 near the mouth of the Pregolya River. The philosopher Immanuel Kant was born in Konigsberg in 1724. The capital of German East Prussia, Konigsberg was the home to a grand Prussian Royal Castle, destroyed along with much of the city in World War II. Konigsberg was renamed Kaliningrad in 1946 after Mikhail Kalinin, formal leader of the Soviet Union from 1919 until 1946. At the time, Germans living in the oblast were forced out, to be replaced with Soviet citizens. While there were early proposals to change the name of Kaliningrad back to Konigsberg, none were successful. Key History The ice-free port of Kaliningrad on the Baltic Sea was home to the Soviet Baltic fleet; during the Cold War 200,000 to 500,000 soldiers were stationed in the region. Today only 25,000 soldiers occupy Kaliningrad, an indicator of the reduction of the perceived threat from NATO countries. The USSR attempted to build a 22-story House of Soviets, the ugliest building on Russian soil, in Kaliningrad but the structure had been built on the property of the castle. Unfortunately, the castle contained many underground tunnels and the building began to slowly collapse though it still stands, unoccupied. After the fall of the USSR, neighboring Lithuania and former Soviet republics gained their independence, cutting Kaliningrad off from Russia. Kaliningrad was supposed to develop in the post-Soviet era into a Hong Kong of the Baltic but corruption keeps most investment away. South Korean-based Kia Motors has a factory in Kaliningrad. Railroads connect Kaliningrad to Russia through Lithuania and Belarus but importing food from Russia is not cost-effective. However, Kaliningrad is surrounded by European Union member-states, so trade on the wider market is indeed possible. Approximately 400,000 people live in metropolitan Kaliningrad and a total of nearly one million are in the oblast, which is approximately one-fifth forested.

Fire service administration Essay Example | Topics and Well Written Essays - 500 words

Fire service administration - Essay Example In many cases, such fire may spread to the other households if it is not dealt with in time. For this reason, an education program would be set to educate people in my community concerning the dangers of fire due to electrical appliances and open fire. This program will help in reducing the cases of fire within the community. The key targets with the risk reduction education program are women of ages between 18 and 40. This is so because, this category of individuals are mostly involved with the electrical appliances and they are known to be exposed to candles. This means that women of ages between 18 and 40 do handle all the electrical cooking appliances at home. There are, therefore, the most vulnerable groups of individuals. If these individuals are educated on how to handle the electrical appliances and identify open fires, so as to avoid fires, then a greater magnitude of the fires would be reduced. By the end of this program, all the participants of the program would be able to identify the open fires. The participants would also be able to handle the electrical appliances with care so as to avoid the possibility of any fires. Additionally, the participants of the program would be able to identify the dangers of fire to an individual and the community. According to the prior research into the fire cases in this community, the major cause of fire is due to electrical appliances and open fires. In the past ten years, the fire department has responded to over 1,389500 fires (Chaloner 5). The effect of these fires is that it resulted into about 3000 civilian deaths, 1700 injuries to civilians, and approximately $ 12 billion of damaged properties. These fires were found to be structure fires (Wellman 12). This problem is experienced by all the residents of this community since they face devastating fire effects in their businesses, and homes. The cost involved in cleaning up and building back after the occurrence of a fire is equally monumental (Begon 33).

Functions of The Foreign Exchange Dealing Room Essay

Functions of The Foreign Exchange Dealing Room - Essay Example Additionally, there is also needs to assess on what are so special in the foreign exchange market, which can simply explains its interesting aspects before reaching to its functions, with referencing attach to Citibank. Before beginning to discuss about the functions of Foreign exchange dealing room, with sighting referencing with Citibank, there is need in a nutshell to know about the history of the bank as far back to its initial take up. It is found that "On June 16, 1812, with $2 million of capital, City Bank of New York (now Citibank) opened for business in New York City. Through many different leaders and economic environments over the course of its rich history, Citibank continues to grow and prosper. In 1998, all Citicorp divisions merged with all divisions of Travelers Group to form Citigroup Inc. Citibank continue as a strong brand under the Citigroup umbrella". (Citibank NA). Today, the Citibank has about 200 million account customers in more than 100 countries globally. It is ranked in the world Market that Citibank is leading globally in the foreign exchange (citiFX) market, as the team of experts in that field always ensures that they meet the customer's needs. While dealing with the Citibank, it is confirmed that you will be able to get feedback constantly about the issue of foreign exchange, which relates to International, regional and the local market. You will also getting details on the position of current financial market, so one can take immediate decision at the exact time needed. Moreover, it is noted that the Citibank (Customer Advantage) is of great good in terms of attaching customer's priority. According the Bank statement, "Citibank's financial market customer proposition is based on fair pricing, rapid execution, 24-hour delivery and innovative solutions. These services are delivered in the context of long-term relationships that pre-empt new customer needs for liability management, yield enhancement and implementation of market views. Citibank offers a diverse portfolio of products

Transfer Personal Statement Essay Example for Free

Transfer Personal Statement Essay To learn in life has always been one of my passions. Education cannot be taken away from me no matter how many years I have to live my life. The pursuit of Education drove me to left my country, Korea, momentarily and travel to the Philippine Islands then eventually to the country of the free people, America, which I found to be a great country with diverse groups of people whom I can relate with since I like to meet people. It was a great decision for me to become an international student; coupled with the fact that I would be separated with my family and friends whom I’ve known for almost all of my life. But, the idea of visiting foreign places and learning new things and cultures always enticed me since I was a child, so I eventually decided to pursue my dream. Luckily I have a very supportive family. They bid me farewell with smiles on their faces. I first went to the Philippines and enrolled at one of the colleges there during the year 2004. At first, sadness and longing settled in me, but later on as I learned to adapt to my new environment, my enthusiasm for learning began to be felt again. I completed one year of my studies there. Since the educational system in the Philippines is different, the feeling that I don’t know what to do with my life seeped into my consciousness and with that I realized that I was not completely happy. I never enrolled again for my second year in college in the Philippines; instead I went to Seattle and enrolled at Seattle Central Community College.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Taking up a degree in A.A., majoring in Philosophy, I settled in at this college rather a little quickly. That meant that I like the place. I persevered in class although my classmates and surroundings are new to me. I met with people, exchange ideas and different concepts with the students and instructors. And during this time, I began to feel confident with myself and suddenly found what I wanted to do with my life. In March this year, I will graduate at this college and will achieve one of my dreams of learning more in school and at the same time learning more the intricacies of life. After this, I planned of extending my stay in the United States and apply at a university with the best quality of education that it can give. Apart from having a good education, I take pleasure in watching or playing soccer. I also enjoy going to bookstores (perhaps, I can say that I’m a bookworm) and there I spend a lot of time, in fact hours. I usually browse through literature books, from the classical era to the contemporary writings and do some doodles in my notebook. I have this habit of trying and experiencing new things that will eventually help me in molding myself into a better person.   I personally believe that each individual has a natural disposition to excel in life if not hindered by jealousy, hatred or envy by other people. So, it is imperative that we, as inhabitants of this world, should live with each other free from prejudice. We should start to share with each other what we have. This thinking can be achieved through education. This is one of the reasons that I continually search for an institution that will cater to my dreams and hopes.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Studying at a premier university will provide me with the necessary tools to survive in the outside world. It will expand my view about the world and the people living in it with different people and background. With this in mind, I was driven to realize that I have it in me to persevere and learn the course subjects that I will be taking when I am accepted at a particular university of my choice. I have to persevere. Being an international student, coming from a different culture and country, would prove to be hard, yet the desire and will in to pursue education and take it is never diminished by these alone. The fact that I have endured being separated with my family, traveling from place to place, and adapting to different environments are testaments to the fact that I am determined to achieve my educational goals. I hope that in the near future if I graduate with a degree from a university of my choice, I will be able to impart what I have known and learn within the confines of the educational institution to other people. There are people who are not fortunate enough to have sufficient material possession to help them in pursuing their dreams of going to a university, especially in my homeland; I will make this as a personal objective that I will be of assistance to them through the education that I’ll learn from university. Education is free. It is a given right, since our birth, for us to know our world and the people living in it. With that, I am exercising that right.

Adventure Education and Wilderness Sports Essay -- Physical Education

Are you ever satisfied when you do something and do not receive the results you want? I know you are not and nobody is. Everyone wants improvement in the world and people are happy and satisfied when everything is right. This concept can be applied to the world of physical education in today’s society. Obesity has slowly become one of the most problematic diseases that exist in the United States and the world today. The U.S. has been greatly impacted by this disease and more and more people in today’s society are overweight, unhealthy, and out of shape. Everyone knows that this issue needs to be fixed but in order to fix a problem you need to discover where the problem comes from. Many people blame food companies, which sell unhealthy food to people; others blame the media for promoting things such as junk food or video games. Other people blame the physical education systems in schools. Many people believe that physical education is not doing enough to help childr en and younger generations develop healthier habits. There is no doubt that society needs to change from being unhealthy and overweight to physically active and healthy, but many changes need to be done in society to do so, and making adjustments to physical education must be done. Physical education exists in schools to help students perform physical activity in schools and promote healthy lifestyles. It is extremely important that physical education teachers promote physical activity and healthy diets to young students because they are the ones who will be at risk of developing health issues such as obesity. Physical educators need to teach the younger generation the proper way to stay healthy so that they will continue to be physically active outside of phys... ...ntinue to do these activities to stay physically active. The younger generation needs to be taught these activities rather than team sports, because when they grow older volleyball, soccer, and basketball are harder to fit into your life than hiking or cycling for example. There is no doubt that physical education programs across the nation need to be adjusted or changed, and implementing Wilderness Sports and Adventure Education is an effective decision. Works Cited Kelly, L. E., L. Kelly, and V. Melograno. Developing the physical education curriculum: An achievement-based approach. Human Kinetics Publishers, 2004. Print. . Project adventure. advancing active learning. N.p., n.d. Web. 4 Apr 2012. . Siedentop, D. Introduction to physical education, fitness, and sport. 7. McGraw-Hill Humanities/Social Sciences/Languages, 2009. Print.

Response to “People Like Us” Essay

In the essay â€Å"People Like Us†, Brooks states that maybe we are indeed a diverse nation when considered as a whole, but when you look at us on the community level, we are homogenous. Brooks describes numerous ways in which Americans separate themselves from one another. Overall, I agree with the points made by Brooks and can draw many similarities to my own life. For example, when Brooks describes how our towns or cities can become racially homogenized. â€Å"People Like Us† begins by Brooks giving some examples of how people isolate themselves. Many people think of race when they think of diversity, but that is not the only aspect described by Brooks. He takes a look at racial, geographical, background, and work place diversity. People are very capable of finding the seemingly smallest differences between themselves. They will even make some of their biggest life choices based off of these differences. By drawing these subtle distinctions we continue to surround ourselves with people more and more like us, causing certain areas to have certain characteristics. Brooks goes on to state that our cities and neighborhoods are becoming more and more like themselves. He says that when a place becomes grouped with a certain trait or attribute it gets multiplied and becomes more and more true. Brooks goes on to say that this isn’t some tragedy that we are trying to avoid. In fact, he goes as far as to say that we love this segmentation, and that it actually makes us happier. We feel more comfortable when we are surrounded by people who we consider to be like ourselves. Brooks then says that even though we seem to strive for racial integration we are, in some cases, becoming more segregated. Reformers have been at work for years to end housing discrimination, but trends are showing that, even though people of different races can live amongst one another, they are  choosing not to. People separate themselves by race. By doing this, they begin to give certain places a reputation for being home to a specific race. As these reputations start to develop they become facts reinforced by people choosing to live with people like themselves. Next, Brooks supports his idea by describing the ways in which we can be divided into demographics based off of where we live geographically. There are many companies that direct potential business owners to the best place for them to market their product based off the tendencies of those who live there. He explains that it really is quite amazing how easily we can be split into these groups. Once again, our tendencies to associate ourselves with those who are similar to us are made apparent. Brooks moves on to explain that not only do we separate ourselves by minute differences, race, and geography, but also by our own backgrounds. People will group themselves based off of their education level or class, for example. If someone has had a similar past to you, you will be more likely to want to be around them. People are drawn to one another based off past experiences. Perhaps the places in America that speak the most of diversity are actually some of the least diverse, Brooks explains. He is talking about our country’s elite universities. It seems they go on and on about striving for diversity, and claim they readily accept it. Brooks illustrates that this is not the case, especially for the educators. Our universities’ faculty members seem to be almost exclusively liberal. Brooks displays concerns for how we seem to isolate ourselves with those who are like us. He points out that when we so deeply immerse ourselves in communities that reflect ourselves, we fail to see the other sides. We do not get the other points of view. Our own ideas and beliefs are only reinforced. I agree with many of the points made by Brooks in his essay. I can personally relate to his statement that we tend to congregate with people of  our own race rather than branching out. I grew up in the small community of Independence, Iowa. We had a population of roughly five-thousand people. Almost all of that population was accounted for in the numerous white families. When I was growing up it was very rare to see someone in town who wasn’t white. I never really had much exposure to people who didn’t look like myself. In fact, the only minority in my class was a Mexican boy whose parents were immigrants. Even though my town had an obvious lack of racial diversity, the thought of why had never crossed my mind. When I was in fifth grade a black family moved into town with a boy that was put into my class. He did all of the same activities as me and even lived in my neighborhood. We quickly became friends. Over the years, I got a front row seat to many instances of people who were not tolerant or understanding of other races. My friend would often get singled out at school by other kids because his skin color was different than ours. Sometimes, people would even shout racial slurs at him when we were walking down the street. These events got me to think about why we were a predominately white community. It wasn’t just some coincidence. It was that way for a reason. Most of the members of my community chose to live there because we were mostly white. People of different races scared them or made them uncomfortable. Being with people who were like them gave them a sense of belonging and comfort. He and his family being there ruined their security blanket. They brought in experiences, ideas, and lifestyles that were different from their own. Waterloo, Iowa is a city that was roughly twenty minutes away from me. In my area it was known as the â€Å"black town†. There is a large black community there and it held a reputation for exactly that. When I was a sophomore in high school my friend and his family moved there. They said it was because of more job opportunities, but after reading Brooks’ essay I wonder if the ideas described by him somehow applied. I now think that that maybe they moved there because Waterloo held a reputation for being home to people more like them. This is exactly what Brooks meant when he explained that places’ reputations for being home to a certain race only get intensified. I believe that Brooks’ points about our tendencies to group ourselves with similar people are valid. When I look round at my own life I can see examples of what he was talking about. Brooks’ ideas do a good job at  explaining why many aspects of our lives are the way they are. He states that we should ask ourselves if we even care that we have this sort of sheltered life. Brooks says that maybe there is nothing we can do about our tendencies for homogeneity, but perhaps we can try to lead diverse lives. In conclusion, I think we enjoy living in our own little homogenized groups, and because of that we will never become a truly integrated and diverse country.