... he could easily demonstrate that it would be irrational to not plead guilty to the misdemeanor had he known about his alternative. Under Padilla v. Kentucky 130 S. Ct. 1473 in 2010, "to obtain relief on a claim of ineffective assistance of counsel following a guilty plea a petitioner must convince the ... plea completely questions the reliability of the entire criminal process. Plea negotiations are very important aspects of this process under Padilla v. Kentucky and the defense counsel is always supposed to communicate all plea offers to his defendant under the constitution. An argumen...

• Word Count: 2414
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• Has Bibliography
• Grade Level: High School

... is reviewed by a judge or a court administrator at a juvenile court detention hearing (Ibid). Adjudication  The juvenile court judge must review all the evidence presented at a hearing and determine whether to sustain or reject the allegations made on the petition (Ibid). Disposition  At a hearing, the juvenile court judge reviews the recommendations of all concerned parties concerning ... in a less severe manner than is that for other dispositions. The youths rehabilitation program is greatly facilitated by keeping the youth in the community, living at home and if feasible attendin...

• Word Count: 2997
• Approx Pages: 12
• Has Bibliography
• Grade Level: High School

... National Labor Relations Board, which is an independent federal agency that oversees employees' rights as it related to union organizing. The NLRB also protects against unfair labor practices by employers and labor unions ("NLRB," n.d.). The second party was Noel Canning, a Pepsi distributor ("NLRB v. NOEL CANNING," 2014). The case study for this paper will discuss the importance of this decision for business ... there was no recess in place during the short time the U.S Senate was out between sessions. The court said historically it was presumed a recess was for a substantial length of...

• Word Count: 786
• Approx Pages: 3
• Has Bibliography
• Grade Level: High School

... Europeans who favored the "original." The hierarchy during this time was the English Americans, which was made up of protestants, Catholics and eastern European Jews.2 The white race was certainly dominant during this time. Anti-miscegenation laws were known as the suicide laws in regards to the ... out the unfit". The idea of these tests originates from the Great Chain's idea that, "intelligence is a singular and innate property, ascertainable through standardized tests, and permitting the establishment of everyone's relative positions by their scores, or IQs."3 The Rise of the KKK duri...

• Word Count: 762
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... ' private information. However, the NSA surveillance programs disregard these Americans' rights. The NSA has been collecting data about every telephone call they have made, the number that was called, and the duration of the call. The NSA's action has caused a debate about whether or not the NSA surveillance has violated the Fourth Amendment. The NSA has many actions which relate ... citizens while the Fourth Amendment protects American citizens by securing their personal information "The Fourth Amendment of the Bill of Rights clearly protects all citizens' assets, both digital and physi...

• Word Count: 775
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... of one denomination over another. In actuality it is the First Amendment to the Constitution which establishes the basis of the relationship between church and government. The First Amendment says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or ... abridging the freedom of speech, or of the press; or the right of the people peaceably, and to petition the government for a redress of grievances." (First Amendment) I believe this means protection of the church from the government. However, the ... has come to mean protectio...

• Word Count: 951
• Approx Pages: 4
• Has Bibliography
• Grade Level: High School

... in District of Columbia v. Heller held that the second amendment protects an individual's right to possess a firearm, unconnected to service in a militia, and protects the right to use that firearm for traditional lawful purposes such as self-defense in a home.2 There is another Supreme Court precedent concerning gun ... of the American race feels the same as the African Americans do. Republicans support gun rights over gun ownership by a substantial margin and support for protecting gun rights is particularly high among conservative Republicans. Democrats say that it is more of a prior...

• Word Count: 1528
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... of the widespread use of photo ID in daily life. The Commonwealth's asserted interest in protecting public confidence in elections is a relevant and legitimate state interest sufficiently weighty to justify the burden." This judge based his decision on the ruling of an 1869 Pennsylvania court case ... out by illegal ones. These ideas are supported by allegations of people voting for deceased citizens, illegal immigrants voting, felons, people voting twice, and so on. In an article entitled, "Voter ID Laws Preserve Democracy," Norm Coleman, a Voter ID supporter writes: "Because the conse...

• Word Count: 2997
• Approx Pages: 12
• Has Bibliography
• Grade Level: Undergraduate

... , also known as enumerated powers. The Constitution in Article I, Section 8 gave the federal government power to: regulated interstate and foreign commerce; coin money; establish uniform rules for naturalization and bankruptcies; raise and support armies and navies, wage war, and conduct international affairs; and establish post offices. The Constitution of the United also gave powers to the states. States can run elections, regulate intrastate ... the chimpanzees willed sealed in a radiation chamber with several monitoring devices so their reactions will be videotaped for later observat...

• Word Count: 2056
• Approx Pages: 8
• Grade Level: Undergraduate

... Constitution, feared that the national government would become so powerful that it would eventually destroy the state governments. Also, they dreaded that the executive branch would become a monarchy and the president would become a king. The Federalists - people who were in support of the Constitution - tried to counter these arguments in The Federalist - a series of ... by the Constitution. In Santa Fe ISD v. Doe, a student would deliver a prayer over the school's public address system prior to every varsity home football game. Mormon and Catholic families who objected to this filed ...

• Word Count: 1639
• Approx Pages: 7
• Grade Level: Undergraduate

... that appoint them. Thus Texas judges need to raise campaign funds as well. In a court case between two oil giants, Pennzoil and Texaco, the attorneys on both sides gave millions of dollars to the presiding judge as "campaign contributions". This may seem all right seeing ... "t have the funds to afford such attorneys neither does he/she have similar funds to offer as campaign contributions, the rich are favored and this is elitist. Within the federal government itself elitism still rears it's head. Congress, the House of representatives in particular, is most ... and had a total of 50,99...

• Word Count: 1499
• Approx Pages: 6
• Grade Level: High School

... economy back on track. 1st 100 days he push through 37 bills that he introduced to Congress, limited to an active - federal government. Senate and House passed all of the bills in 1937. Mood of the day - Supreme Court protect the Constitution Important: Supreme Court case (NLRB vs. Jones ... Laughlin Steel Co.) NLRB introduced a new relationship between the federal government and states. II. Cooperative In 1937 to help the States do want they could not do on their own. Federal government helps the states Roles ... causes the federal government. 1929 NAACP 1964 Civil Right Movement - Worl...

• Word Count: 293
• Approx Pages: 1
• Grade Level: High School

... out of proportion into an incredible engine of tyranny. Patriotism has recently, lets say post September 11th, become more a blind acceptance that whatever the president and congress decide is not only right, but also anyone who says otherwise is a pacifist or even an anarchist. This disillusioned atmosphere of "we"ll let ... naval forces of the United States . . . shall be punished by a fine of $10,000 or imprisonment of twenty years, or both." Worse and more damaging an emotion to our rights then blind acceptance though is apathy. If one just lies back while the government runs it own...

• Word Count: 303
• Approx Pages: 1
• Grade Level: Undergraduate

... accurate view shared by the Jacksonian Democrats. Many Events during Jackson's presidency did not demonstrate dedication to the Consitution. A few of these events were The Corrupt Bargain, The Eaton Affair, and the Bank War. Although the Constitution was not fully figured out, it would be with the help of John Marshall. President Jackson believed in a powerful national government, but the government ... Eaton married a friend of Jackson's. Jackson then made Mr. Eaton a cabinet member. Mrs. Eaton was not treated fairly by the other cabinet wives, which goes against the constituion. John. ...

• Word Count: 439
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• Grade Level: High School

... wouldn't be necessary to give up liberties, while 40 percent said it would be" (Davis). It was only after when September 11 and the Boston Marathon occurred is when the United States citizens became terrified of terrorism. The public is increasingly growing concerned on the government taking whatever ... means necessary in order to capture the terrorist(s). In addition, cell phones and the internet are main objects that are surveillance tools so the government is deciding to track them. The government is not allowed to do ... this. It is proven when stated by ("Another"), "The governme...

• Word Count: 613
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... don't exist. But of course that environment can't be gained unless certain precautions are taken, such as search and seizures. Search and seizures are used to insure that schools stay safe. Some might think that search and seizures are illegal but at the beginning of every school year students have to sign the Stafford County Code of Conduct. In it, It states that ... a student may be searched if there is reasonable suspicion. Reasonable suspicion is when an observation of specific and describable behavior leading someone to believe a student is engaging in or has engaged in prohibited ...

• Word Count: 214
• Approx Pages: 1
• Grade Level: High School

... also created a battleground of the uses of this elastic clause, which has been used to imply so many powers over the years. The necessary and proper clause can be interpreted in two different ways. The federal government has used the clause to abuse its power. However, it was also implemented ... government by using Clause 18 of the Constitution. This group feels that the federal government is using implied powers to do what is "necessary and proper" for the welfare of the citizens or in the public interest. Other people against the elastic clause purport that the federal government use...

• Word Count: 427
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• Grade Level: High School

... This was ground to make lots of compromises that due to the lack of time was inevitable. A struggle took place between the northern and southern delegates ,occasioned by the issue of slavery. It had to do with the interests of the regions. Slavery was discussed in the ... Time the Convention didn't have. At this time, the slave population was tremendous. The slave population has a immense part of the south's population and grew concerns when it came to the Constitution. The northern delegates contended that slaves should be counted in deciding each state's share of the direct ... claus...

• Word Count: 554
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• Grade Level: High School

... higher taxes than upper class Americans who can afford the tax increasing. This leave larger amount of middle class man struggling to pay back school loans and support their family with the high amount of taxes they have to pay. I strongly agree with the Democratic party in this law they trying to ... pass, this should be a natural law. There are many political beliefs that I simple do disagree with, and fine if they don't get passed. One is the Republican view of portions, I personally disagree with their view because for one I believe not everyone is ... . Statistics shows 10% of thou...

• Word Count: 724
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• Grade Level: High School

... was making many modifications to the idea of Christianity. Mormons or "Church of Jesus Christ of The Latter Day Saints", have permitted and practiced polygamy in the United States within the 17th Century. When offering reasons to justify the minorities act they bring up the accounts of Abraham, ... because church leaders regulated the practice, not just anyone could practice polygamy. Men entering this practice had to be given permission to do so and the marriages were only to be performed through the sealing power of the priesthood. So they validated the practice of polygamy with the ar...

• Word Count: 642
• Approx Pages: 3
• Has Bibliography
• Grade Level: High School

... in more rights for the individual than for the state, asserting that the biggest threat to freedom was a powerful federal government. In contrast, the Federalists believed in a strong central government and its proactive involvement in commerce. They were basically elitists who opposed measures to democratize American politics. According to the Anti-Federalists position document which was published by Melancton Smith on ... pointed out that ordinary people will not attempt to run for office if the number of representatives was small. Thus, the government would fall into the hands of the...

• Word Count: 548
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... use of profanity, or the way the book may influence you. People in our society today should be wise enough to think by what they see and not by what they hear. Censorship could be defined as any individual or a group of individuals trying to impose their morality on all of society ... as a whole. While its important that we live in a moral society, the level of morality would be established naturally by and through the opinions on society as a whole. Not by any individual or small group. Our country was founded, there was something written in the Constitution ... in schools. If they hav...

• Word Count: 482
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• Grade Level: High School

... the military. Then they created a new South, divided into 5 military districts under marshall law. These districts were required to ratify the 13th, 14th (and eventually 15th) amendments in order to be re-admitted into the Union. In 1866 Congress even tried to restrict the abilities of the Judicial Branch (operating ... been freed. Congress required that only those who never took arms against the United States in the war could participate in politics and vote, which ultimately meant the former black slaves (and very few whites), would be participating in the South. The role of the Blac...

• Word Count: 625
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... freedoms being snatched from them any longer they were going to break away from England. It was time to make a new government. Government is created by consent of the people and there was more than enough consent. The first acting government was called the Second Continental Congress. The Second Continental Congress was created out of necessity. It had a weak central government ... because change was needed and a strong central government would have reminded the colonists of the King. It was stated that each state would write their own constitution. This way the states were responsible ...

• Word Count: 406
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• Grade Level: High School

... ring a bell, not only for its significance in 17th century politics but also in psychology. Born in Somerset, England in 1632, Locke received his education at the University of Oxford and later expanded his sphere of influence in philosophy. (Microsoft Encarta Online Encyclopedia, 2004) Now known as the founder of Empiricism, he was inspired by the empiricist theories of Francis Bacon ... and provided a more methodic, accessible expression of his intrinsic ideas. (Encarta, 2004) Empiricism was a philosophy based on the notion that humans are born with a tabula rasa, or "blank slate," up...

• Word Count: 296
• Approx Pages: 1
• Has Bibliography
• Grade Level: Undergraduate