Thompson v. Oklahoma Essay Example for Free

Thompson v. Oklahoma Essay The case Thompson v. Oklahoma took place in 1988. William Thompson (15 year-old boy) killed his brother-in-law, who had been abusing his sister. The murder was not committed in state of temporary insanity, so the court considered it as first-degree murder and sentenced William Thompson to death. As far as the 8th and 14th Amendments ban death sentence for a person, who is under 16 years old at the moment of committing crime, the Court considered execution of 15-year old boy as cruel and unusual. The case was reversed and remanded and the Supreme Court granted William Thompson certiorari. The crime was committed by four persons. William Thompson took part in murder. The killed had a lot of bruises, his leg was broken; his chest, abdomen and throat had been cut, and he had been shot two times. Then after they fettered him to a concrete block and threw him to the river. All four people, who took part in crime, were sentenced to death. As far as Thompson was under 16 at the moment of committing crime, he couldn’t be executed because of prohibition. The justices thoroughly examined circumstances of crime, and concluded that the child was quite aware of consequences at the moment of committing crime and as far as he had mental capacity to realize all the consequences of crime. They stated that there was no chance to rehabilitate William Thompson with help of juvenile system and that he should be treated as adult. At the first stage of trial, the prosecutor presented three photographs, showing the dead body after it was taken out from the river. The photos were introduced to convince guilt of William Thompson. Later the prosecutor asked to find two circumstances, which prove that crime was cruel and heinous. The Court complied with request. In such a way the Court of Criminal Appeals gave its approval to the fact of death sentence. They stated that as far as a person, who was under 16 years old at the moment of committing crime, is certified as an adult for trial procedures, he can be also punished as adult. At the same time, as far as the Supreme Court granted William Thompson certiorari, they had to consider, whether a death sentence was â€Å"cruel and unusual punishment† for a minor and violates his constitutional rights. First of all, there should be a certain degree of culpability, which allows accepting death sentence for a minor. The problem was that authors of the 8th Amendment introduced prohibition against â€Å"cruel and unusual punishments†, although they didn’t give any specifications for that. Judges, who were responsible for trial, should examine, whether the punishment could be considered as violating the â€Å"evolving standards of decency that mark the progress of a maturing society† Trop v. Dulles, 356 U.S. 86, 101 (1958) (plurality opinion) (Warren, C. J.). Justice Powell compared rights of adults and children, and came to conclusion, that there are certain differences between them. For example, children are not eligible to vote, to purchase alcohol and cigarettes, to mention a few. Justice Powell stated that according to laws of Oklahoma, a person under 16 years old can be treated as a child only. Taking into considerations all prohibitions and limitations in rights for minors (as well as driving with parental consent, marrying with parental consent only, etc), the child cannot be treated as adult during the trial and to be fully responsible for his actions before attaining his maturity. Further the Supreme Court examined minimum age for death penalty. For example, there are 14 States in America, which don’t recognize death penalty at all; from the other side, there are 19 States, which authorize to impose death penalty, but don’t state minimum age of a person (this is an obstacle to find consensus). Although, the judges accepted supposition, that in those States, where death penalty is accepted, minimum age of criminal should be at least 16 years. The American Law Institute and the American Bar Association also are against the death sentence for minors. Judges also presented the fact, that there are plenty of countries, where death penalty is prohibited at all (such countries as Germany, United Kingdom, Russia, Spain, New Zealand, the Netherlands, etc) Further, the Supreme Court examined quantity of people, sentenced to death during the XX century, and came to conclusion that majority of cases were held in the first half of century. The average age of young people, committed crimes and sentenced to death, was approximately 18-20 years old. There were only five minors (under 16 years old), sentenced to death for participation in cruel murders. The Court also considered age as a mitigating circumstance, stating that young people at the age under 16 are not able to control their behavior to that extent, the adults can. Young people are more impulsive and cannot think in long-rank terms, as the adults can, so they shouldn’t be treated as adults during trials. So, taking into consideration all afore said, the Court Criminal Judgment’s decision was vacated and the case Thompson v. Oklahoma was remanded, getting instructions to prohibit death sentence for a youth under 16 years old.

Academic Progress: Will No Child Be Left Behind? Essay -- essays paper

Academic Progress: Will No Child Be Left Behind? â€Å"These reforms express my deep belief in our public schools and their mission to build the mind and character of every child, from every background, in every part of America.†Ã¢â‚¬â€President George W. Bush (Executive Summary, 2001). â€Å"We like the bill, but this is a resource issue.†Ã¢â‚¬â€Peter McWalters, commissioner of education in Rhode Island (Coeyman, 2002). â€Å"No Child Left Behind? Everyone hates it. It’s a joke. Not obtainable.†Ã¢â‚¬â€teacher. The No Child Left Behind Act provides incentives for school districts to bring up academic progress, but instead the pressure involved may lead to poor-performing schools falsifying data, teaching to the test, or promoting unprepared students instead of truly improving student performance. Schools which do not achieve their Academic Yearly Progress for two sequential years will suffer loss of funding, corrective action, and may be closed. However, the only way to gauge academic progress on a nation-wide level is through standardized testing, which has serious limitations as a diagnostic tool. The concept of Academic Yearly Progress can lead to bizarre and arbitrary classifications of successful and failing. In additional, some of the corrective measures prescribed by NCLB may be inadequate. Rather than merely reaffirming the Elementary and Secondary Education Act of 1965, President Bush oversaw a complete restructuring. This restructuring, the No Child Left Behind Act of 2001, decrees that every student will be at the academic level deemed proficient by the 2013-14 school year. To achieve this goal, it calls for strict academic accountability. States still have the responsibility of determining their own statewide assessment programs, but... ...same amount of time; the fallacy of the principal as sole instructional leader; the fallacy of setting standards on the basis of exceptions; and the fallacy of uniform standards for all children. The fallacy that all children can learn --at the same level and in the same amount of time.† (2002) And if they cannot learn, we can switch them around, from teacher to teacher, school to school. The Act is unfailingly optimistic. That optimism will destroy any effect that the reform could have. No Child Left Behind is an earnest attempt to fix a real problem- the academic achievement gap between the children of the haves and the children of the have-nots in this country. Unfortunately, the Act gives a rigid timetable and a list of penalties and punishments without giving beleaguered schools solid, concrete examples of how to implement these reforms.

Mercedes benz marketing plan Essay

Mercedes Benz is one of the most recognizable names in the world. If you mention car, luxury, dependable, performance and â€Å"The Best or Nothing†, the first name it comes on your mind is Mercedes Benz. History of Mercedes Benz is the greatest out there, but I am going to focus on the Mercedes Benz USA, also known as MBUSA. MBUSA is a division responsible for distribution and marketing of Mercedes Benz products in the U. S. The headquarters of MBUSA are in Montvale, New Jersey. There are two dealership locations of MBUSA in northeast Ohio, one in Willoughby and the other one in Bedford. Also included in their division are Maybach, Smart and Sprinter. Although founded in 1965, MBUSA started importing Mercedes Benz in 1952, and the iconic car that started it all was 300SL Gullwing. It was founded under Max Hoffman; the current CEO of MBUSA is Steve Cannon. Other key personnel at MBUSA are Harald Henn CFO and VP, Inigo Mazquiaran GM of Corporate Finance and Joachim Schmidt Executive Vice President of Sales & Marketing for Mercedes-Benz. Over the following years, MBUSA grew into a nationwide organization, now employing over 1500 people. The company also has 356 associated dealerships that employ 21,500 people themselves. MBUSA operates in the Car Dealership industry, in the distribution and marketing division of car sales industry to be more specific. With 305,072 passenger vehicles sold in the U. S. in 2012. SWOT Analysis Strengths: 1. Mercedes Benz has a strong brand value and global leader in premium cars 2. Leader in innovation i. e. 1st to introduce diesel engines, fuel injection and anti-locking brakes Weaknesses: 1. High maintenance cost of Mercedes Benz car 2. High prices compared to competition Opportunities: 1. Developing hybrid cars and fuel efficient cars for the future 2. Fast growing luxury automobile market & increased income Threats: 1. Ever increasing fuel prices 2. Intense competition from global automobile brands The Competition: 1. BMW 1. Porsche 2. Audi 3. Volkswagen 4. Jaguar 5. Ferrari 6. Aston Martin 7. Volvo The Industry they compete in is Oligopoly. Their competitive goal is to be global top-of-the-mind premium automobile brand. By putting their slogan as â€Å"the best or nothing†, they are tending to put inside the people’s mind that there is not another competition for them. The main opportunity for MBUSA is that the economy should grow. And the economy is growing because they sold 15% more cars so far than last year. Their best strength is that they always have been innovators, and the leaders in this industry. The technology on these cars is highest ever possible. And they keep amazing people for what they offer; the good example is the all-new 2014 S-Class Mercedes Benz. All competitive advantages, or disadvantages, that Mercedes Benz as a car offers is reflected at their MBUSA sales division. The product they sell in my opinion is superior of what their competition offers.

Movie Analysis Mean Girls Kady - 1779 Words

Mean girls is a movie about a teenage girl going into public school as a junior in high school for the first time, after being homeschooled for her entire life up until. She is discovering herself and where she wants to fit in with her peers. She is pulled many times to the middle of ongoing rivalries and trying to make the decision as to what side she wants to take in the rivalry and what peer group she wants to be part of, the groups that interest her and the groups she is already knowledgeable about. It is hard for her being that public school in America is completely different than home schooling in Africa, she has to learn and adapt to new customs, new pressures, and new acceptance by others. I will be discussing the Influences on Identify Formation that is reflected in this movie. Cognitive Development Cognitive development is the development of the thought process including remembering, problem solving, and decision making. In the movie Mean Girls Kady, one of the main characters in the movie had fallen behind in some of her cognitive development with the lack of having to make decisions on her own and not having many problems that she has to work though as a child and then into early teenager. Being home schooled Kady did not have the social interaction with people that was her own age on a daily basis. Interacting with peers helps challenge decision making and problem solving. Most would use the term immature for someone who is delayed in these important

What Freezing Point Depression Is and How It Works

Freezing point depression occurs when the freezing point of a liquid is lowered or depressed by adding another compound to it. The solution has a lower freezing point than that of the pure solvent. Freezing Point Depression Examples For example, the freezing point of seawater is lower than that of pure water. The freezing point of water to which antifreeze has been added is lower than that of pure water. The freezing point of vodka is lower than that of pure water. Vodka and other high-proof alcoholic beverages typically dont freeze in a home freezer. Yet, the freezing point is higher than that of pure ethanol (-173.5Â °F or -114.1Â °C). Vodka may be considered a solution of ethanol (solute) in water (solvent). When considering freezing point depression, look at the freezing point of the solvent. Colligative Properties of Matter Freezing point depression is a colligative property of matter. Colligative properties depend on the number of particles present, not on the type of particles or their mass. So, for example, if both calcium chloride (CaCl2) and sodium chloride (NaCl) completely dissolve in water, the calcium chloride would lower the freezing point more than the sodium chloride because it would produce three particles (one calcium ion and two chloride ions), while the sodium chloride would only produce two particles (one sodium and one chloride ion). Freezing Point Depression Formula Freezing point depression can be calculated using the Clausius-Clapeyron equation and Raoults law. In a dilute ideal solution, the freezing point is: Freezing Pointtotal Freezing Pointsolvent - ΔTf where ΔTf molality * Kf * i Kf cryoscopic constant (1.86Â °C kg/mol for the freezing point of water) i Vant Hoff factor Freezing Point Depression in Everyday Life Freezing point depression has interesting and useful applications. When salt is put on an icy road, the salt mixes with a small amount of liquid water to prevent melting ice from re-freezing. If you mix salt and ice in a bowl or bag, the same process makes the ice colder, which means it can be used for making ice cream. Freezing point depression also explains why vodka doesnt freeze in a freezer.

Analysis Of The Eight Steps Of Kotter s Change Management...

Bringing change to an organization is a process that any and every organization does at one time of another. Change is important to any organization because, without change, business will lose their competitive edge and will fail to meet the needs of what is to become a growing organization. This paper will show the eight steps of Kotter’s Change Management Model and to see if they apply to Lehigh Hanson and the change they are undergoing. In the Diagnosing change paper, we discussed the change of going Employee Self Service. As we discussed that going to Employee Self Service would be a great change for the organization, because it would allow the various departments to focus on the more detailed procedures, and allow the organizations to focus on changes in technology and HRIS systems. We will be looking at Kotter’s redefined concept of a structure within a structure which will help unleash employee innovation. When Kotter’s talked about his structure, he talked about there are processes accelerators which enable his structure to work. His 8-step change management model will be what we are using to assist with the change that Lehigh Hanson will be undergoing. To start a change in an organization, there must be a need for the change. Your entire organization must make this change. When Lehigh project team and the Director presented the change to go ESS, the employees were skeptical of the change. Once they received all the details of the project all employees wereShow MoreRelatedAnalysis Of Kurt Lewin s Change Management Model And John Kotter s Eight Step Change Model2105 Words   |  9 Pagestransformation efforts fail † (Kotter International, 2016). Change models exist to conceptualise and aid the process, providing a conceptual framewor k for change agents to identify and mitigate the issues that could contest the change purpose to achieve the desired outcomes (Hayes, 2014). Carnall (2007) states humans need the structure of a model to help identify what is planned and how to achieve the change. Du Toit (2003) highlights the importance that when choosing the change model it is imperative agentsRead MoreHow Lewin s Model Is Still Applicable Today s Change Management World1323 Words   |  6 Pagesrecognized that change is almost always met with resistance. More importantly, he identified the behaviors and environments that stimulate resistance. Thus, careful consideration of behavioral and environmental impacts must occur in the Unfreezing stage of Lewin’s Unfreezing-Changing-Refreezing Model prior to implementing the change. This will prepare the leaders of the organization to meet the resistance with the correct leadership and management style. Validity of Lewin’s Model in the Present Read MoreIntegrating Change Models and the Theology of Leadership Essay1314 Words   |  6 PagesIntegrating Change Models and the Theology of Leadership A sentiment common to almost any organization is that the one fact that remains constant is change. As society changes, and human understanding grows, any organization that maintains a static posture, assures its demise. Churches and Christian organizations are no exception. The gospel may remain the same, but the method for communicating it must speak to the audience to assure understanding. The Christian leader must be prepared to meet thisRead MoreManaging People Change, A Critical Skills And A Framework For A Successful Management1736 Words   |  7 Pagespeople change is a critical skill in today s world of rapid and continuous change. This change management article provides both the critical skills and a framework for the successful management of people change. At the end of this article we will be able to: âž ¢ Recognize the important role that people play in making business transformation successful. âž ¢ Understand the difference between change (of things) and transition (of people) âž ¢ Discuss the fundamental challenges in getting people to change andRead MoreStrategic Change Management Decisions And Process For Long Term Structure1659 Words   |  7 Pages Managing strategic change is fundamental to business success Module No: 368SAM Module Title: Strategy in Action Student Name: Zhi Long Sia Student ID: 5225745 â€Æ' Strategic change management is the management decisions and process for long term structure in the organisation. The strategic change management defined as the process as a systematic approach for managing strategic change which consists of positioning the firm through strategy and capability planning, real time strategic responseRead MoreKotter Change Model2325 Words   |  10 Pagesclarification of the relationship between leadership and management in the change process needs to be addressed. According to Caldwell (2003), change leaders are executives or senior managers at the very top of the organisation who envision, initiate or sponsor strategic change of far-reaching or transformational nature by challenging the status quo, communicating a vision that employees believe in, and empowering them to act. In contrast, change managers are usually middle level managers and functionalRead MoreCase Study : Discount Tire Company1732 Words   |  7 PagesThere are many factors that appe al to leaders why organizational change is needed in today’s business to stay competitive. Weiss (2016) noted â€Å"Factors such as technology and globalization have made the world far more interconnected† (p. 4). These factors can create more risks and opportunities for organizations to succeed or fail. Change management is inevitable, in order to successfully bring an organization into the twenty-first century, leaders must recognize this, develop plans and successfullyRead MoreChange Management Theory Essay1673 Words   |  7 Pagesin the analysis of corporate management. The analysis includes evaluating the client’s management practices and providing recommendations on potential change management techniques, which may improve the processes the company employs when transitioning to a new technology. Goal of change management process is the improvement of an implementation tempered by bottom-line realities. The agenda for the presentation includes the proble m statement, the engagement scope, company’s change management historyRead MoreCritical Review On Change Management Essay1977 Words   |  8 PagesMGMT.7931 Change Management Assignment One, Journal Article Analysis Semester Two, 2016 Critical Review Engage the heart: Appealing to the emotions facilitates change Student ID: 27001608 E. Roberts Date Due: 2nd September, 2016 1. Introduction: A) For successful commitment from those involved towards organisational change, information won t convert these individuals to believers of change. As the authors of this article want to point out, individualsRead MoreManagement Is The Application Of A Structured Process1489 Words   |  6 PagesChange management is the application of a structured process and set of tools for leading the people side of change to achieve a desired outcome. Change management emphasizes the â€Å"people side† of change and targets leadership within all levels of an organization including executives, senior leaders, middle managers and line supervisors. When change management is done well, people feel engaged in the change process and work collectively towards a common objective, realizing benefits and delivering

Big Ones by Aerosmith free essay sample

This band has sold millions of records, played thousands of shows, and traveled hundreds of countries. This album contains nothing but the best hit songs from their past albums.The Aerosmith compilation album â€Å"Big Ones† is sure to please any rock ‘n roll fan. Filled with bluesy harmonica, to wicked guitar solos, it contains a variety of rock songs with a country twang. Making this album was pretty simple for the band because of it being compiled with previous hits. It’s packed full of rock and rock ballad songs. This rock band had a lot of success come to them from this album. This rocky compilation album contains Aerosmith’s hit songs from three of their multi-platinum albums. Due to the fact that it’s a compilation album, the band took eight years to record it: from 1987-1994. Each song on this album was written by the band’s singer, Steven Tyler, with a little help from other band members and songwriters. We will write a custom essay sample on Big Ones by Aerosmith or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These songs are filled with nothing but real, raw, and truthful lyrics that each tell a story to the listener. Compiled into this record are fifteen uniquely written songs. Thirteen of them are from previous albums, while two new songs, â€Å"Walk On Water† and â€Å"Blind Man†, were especially written for this album. Each song has a different sound to it, but they all make up the album: Big Ones. When it comes to rock hits, this album has plenty of them. One of the most famous ones has got to be â€Å"Dude (Looks Like a Lady)†. This crazy hit has a catchy beat that makes you wanna sing and dance along. While the lyrics tell a funny story about a dude, that well, looks like a lady. Another track is â€Å"The Other Side†. The mix of instruments including trumpet, piano, and guitar, tell an emotional story with an upbeat tempo. My favorite song on the album has got to be â€Å"What It Takes†. The lyrics have so much soul and meaning when you really listen to them. Tyler’s strong vocals makes this song a sure hit. â€Å"Big Ones† contains many rock songs, including these three hits. Along with rock hits, it also has a variety of slower rock ballad type hits. Some of the more famous ones include: â€Å"Crazy†, â€Å"Livin’ On The Edge†, and â€Å"Janie’s Got a Gun†. â€Å"Janie’s Got a Gun† has a slow beat that tells a story through its lyrics. On the other hand, â€Å"Crazy† has more bluesy sound to it. The mix of harmonica and guitar create a country sound that you can’t help but sing along to. Finally, â€Å"Livin’ on the Edge† opens up with the beating on a tambourine that later turns into slow guitar. This hits truthful lyrics sound amazing with Tylers’ voice. It’s hard to not love these slow rock ballads. With the combo of hits from previous albums, this record sure had a lot of success brought to it. The three multi-platinum albums this record was created from are â€Å"Permanent Vacation†, â€Å"Pump†, and â€Å"Get a Grip†. With its rock/country hits, it managed to reach number 6 on the Billboard charts; shortly after it was released on November 1, 1994. It was also in the Billboard Top Ten in 9 countries. Now that’s definitely an accomplishment! This worldwide hit was Aerosmith’s second be st selling compilation album ever! As a band that’s been around for a long time, they’ve accomplishes so much. Especially with this rockin’ album. They made an album, filled it with rock and rock ballad songs, and had lots of success come to it. Aerosmith’s â€Å"Big Ones† is a compilation album packed with 15 songs that are sure to please any old rock lover. They’ve sold millions of records, played thousands of shows, and traveled hundreds of countries. Even after 40 years of making music, they still have what it takes to be a band and make even more successful albums just like this one.