Furman v. georgia Essay Example for Free

Furman v. georgia Essay The death penalty or capital punishment has been part of our humanity for years and years. Existed since ancient times, according to people a person who has committed an atrocious act, was sentence to death penalty or capital punishment. The death penalty begins back in the 18th century B.C. in the code of king Hammaurabi of Baylon; who was accused of committing 25 crimes. In years past, the punishments where more crucial then today, the execution procedures had no boundaries, forms of killing where endless. Drowning, whacking, â€Å"damnatio ad Bestia† which was death cause by a wild animal, dismemberment: dividing the body into quarter-usually with an ax, throwing then off a high place, impalement: one of the most crucial consisting in beating them with a stick, buried alive, the guillotine: decapitation, wretch they refer as the â€Å"quick, clean and humane† way of doing the killing, death by torture, stoning crucifying was also consider a death penalty act. Jesus Christ was crucified in Jerusalem part of his punishment for being the son of God. Within times pass the process change a little to decapitation, execution, hanging, electrocution, execution by gas and the one use to date lethal injection. (1. History of death penalty) One of the cases that reach the Supreme Court and change the laws in the United States about the death penalty was the case of Furman v. Georgia in 1971. William Henry Furman claimed that his sentencing violated his rights guaranteed by the 14th amendment. (The 14th Amendment was passed after the American Civil War, and was designed to prevent states from denying due process and equal protection under the law to their citizens. And was dividing into sections: the first section of the amendment was to revolutionize federalism, stated that no state could â€Å"deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction. The equal protection of the laws, gradually the Supreme Court interpreted the amendment to mean the guarantees of the bill of rights apply to the states as well as the national government.) (2. Our documents) Furman’s v. Georgia: Furman was a 26year old man with very little education. A man that struggle his whole life about making a living, was very depressed and moody all the time there were days when he didn’t have anything to eat, and that’s when he started breaking into homes to be able to survive. He was caught a couple of times but was giving a light or suspended sentence. A psychiatrist had already diagnosed him with emotionally disturbed and mentally impaired. But was still entering homes in order to live. On August 11, 1967 Furman enter a home and was going through some things when he heard a noise and try to escape the home, some said he drop the gun and when it hit the ground it shot and others said he felt and the gun discharge killing Mr. William Joseph Micke Jr. a husband and father of 5 children. The death was truly a tragic, it was an accident that resulted in murder, and his carrying a gun was to protect himself in case or to even scare a person and be able to run without any incidents. Furman despite of his conditions was convicted of murder and sentence to death in a one day trial. Although Furman did not intend to kill the resident he regales committed murder during the commission of a felony, and was an aggravating factor, and the one in particular which made him eligible for the death penalty (3. Murderpedia) When the trial approached he pleaded not guilty by means of insanity, which was the advice of his appointed attorney. The court at that time order another psychiatric test and the physicians who examined agreed that he was mentally deficient and in the report they concluded that Furman experienced mild to moderate psychotic episodes associate with convulsive disorder. After a few weeks in a hospital assigned by the court, the Dr. said he knows what’s right from wrong and that he was competent to stand trial for murder. Although killing was an accident, the state of Georgia at the time authorized that the death penalty be giving weather a murder took place during the commission of a felony. Furman had one thing going against him at all times; he was a black man in the 60s and 70s and most blacks guilty of committing murder in that state was a reason enough to sentence to death penalty. In 1972 the case reach the Supreme Court which they rule 5-4 that the death penalty as then administered violated the 8th amendment proscription against cruel and unusual punishment and the 14th amendment equal protection clause. The courts typically issue the decision with a majority opinion written and sign by one of the justices. On occasion the court will issue a per curiam decision which takes the form of a brief, unassigned opinion. All 9 judges had different opinions, although 5 justices voted to reverse the death sentences, there concurring opinions revealed that it was shaky coalition. Each majority justice, Mr. Douglas, Mr. Stewart, Mr. White, Mr. Marshall, and Mr. Brennan, wrote a separate concurring opinion supporting the majority decision. Each believed that Furman had indeed been deprived of his constitutional rights. The justices could not agree on an argument striking down the death penalty across the board, however. This unusual procedure reflected not only the intense differences of opinion within the majority, but also the difficulty of deciding the constitutionality—or presumed lack thereof—of the death sentence. The four dissenters, Chief Justice Burger and Justices Blackmun, Powell, and Rehnquist, also wrote extensive opinions expressing their views against the majority opinion. Several argued taking the position of judicial restraint that the death penalty was a matter for the people to decide, through their legislatures. Others argued that emotional appeals were not appropriate in Supreme Court opinions. Finally, the dissenters were disturbed by the erosion of federalism and the unnecessarily invasive judicial activism practiced by the justices of the Warren Court. They said that it was disproportionally applied to the â€Å"poor and despised† that it was applied in an arbitrary and capricious fashion.† Justice Douglas was the man that came up with the idea to review the historic of the death sentence penalty for both America and England. This justice noticed that the laws was extremely unfair because it was applied only to the minorities, the outcast and the smaller population in the country. He decide that the death penalty was unusual and against Gods Plan. Furman centered on the convictions and death sentences of 3 African American men. His case ended changing the way they see each individual case. (4. Law Cornell My opinion on this case is that everyone should be treaty equally, his intent was to commit a crime of robbery not a murder. Unfortunaly we are all aware that the criminal justice system in the United States is imperfect and that we are aware of the flaws that exist within our system. I would of punished him with many years in prison but not the death penalty due to it wasn’t his intentions. Furman did not outlaw the death penalty. It just required states to prevent random, racial, unfair results by giving juries management to apply the death penalty fairly. After Furman, most states modified their death penalty laws. The new laws created a two-phase system for death penalty cases. In the first phase, the jury decides if the defendant is guilty of murder. In the second phase, the jury hears new evidence to decide if the defendant deserves the death penalty. The new laws gave juries guidance for making this decision. (1,2,3,4) Following the case of Furman v. Georgia in 1972, the Supreme Court ruled that the death penalty systems were unconstitutional violations of the Eighth Amendment’s prevention on â€Å"cruel and unusual† punishments. After this case many states changed their death penalty laws. Four years later in Gregg v. Georgia (1976), the Court reaffirmed the death penalty as constitutional. Troy Gregg had been found guilty of murder and armed robbery and sentenced to death. He asked the Court to go further than it had in the Furman case, and rule the death penalty itself unconstitutional. The Court refused to do so. The Court found that Georgia’s system for applying the death penalty was â€Å"judicious† and â€Å"careful.† Gregg had gone through two trials – one to determine guilt and one for sentencing. Further, specific jury findings of â€Å"aggravating circumstances† were necessary to impose the death penalty. There was therefore no Eighth Amendment violation, and the death penalty was constitutional. (5. Georgia encyclopedia/ 6. Lectlaw) Gregg v. Georgia took place on March, 1976. The case dealt with administrative law; this legal field controls the â€Å"due process† clause of the United States Constitution. The due process clause is defined as the government’s obligation to respect and uphold the legal rights of American people during and after they are arrested. Both the Federal and state governments are required to protect and preserve a person’s human rights and liberties. All governments of the United States are required to treat citizens in a fair and respectful manner during the arrest process. When he appealed his sentence as cruel and unusual and a violation of the Eighth Amendment, the US Supreme Court in a 7-2 decision upheld the sentence. The court ruled that the death penalty was an appropriate punishment in extreme criminal cases and that Georgia had settled appropriate values and other precautions to guide a jurys considerations in capital cases. He was sentence to death penalty do to the fact that he entered the house armed so he meant danger to the community and that his purpose was to commit the crime. The United States Supreme Court stated that the execution of Troy Leon Gregg was Constitutional due to the fact that Mr. Gregg was tried, head and sentenced through a formal judicial system. The night before he was supposed to be killed, Gregg escaped from prison and was killed in North Carolina following a fight. (7 law cornell) In this case the court upheld the constitutionality of the death penalty, defending statutes that guide judges and juries in the decision to issue the death sentence. The Court did, however, state that the madatory use of the death penalty would be prohibited under the Eighth Amendment as cruel and unusual punishment. The defendent in this case, Gregg, had been convicted on two counts of armed robbery and two counts of murder. The jury was instructed by the trial judge, who was following Georgia state law, to return with either a decision of life imprisonment or the death penalty. Justice Byron stated in his opinion that Gregg had failed in his burden of showing that the Georgia Supreme Court had not done all it could to prevent discriminatory practices in the forming of his sentence. This decision became the first time the Court stated that punishment of death does not invariably violate the Constitution. (8. Death penalty)

Teaching Philosophy :: Education School Essays

Teaching Philosophy Children are our future and it has been a dream of mine to guide them into the right direction by the way of a good education. Having two children of my own, and preparing them for school, prompted me to want to achieve my goal of teaching. Watching their faces beam with pride as they learned something new, made me so proud. Teaching them preschool activities required research in knowing what I should teach to prepare them for elementary school. I used workbooks that I purchased from stores and I printed out worksheets from the Internet to help them learn. I considered myself a traditionalist; I directed the activities and had emphasis on a core curriculum that I planned for daily. After seeing them succeed from my teaching efforts, I decided I wanted to help other children succeed. I believe the purpose of education is to gain knowledge and to know how to use it to be successful in life. Without an education, a productive life cannot be had. I hope that I can always instill in my students the desire to want to know more and therefore become more knowledgeable. I want them to be excited about learning and not to look at school as a punishment. I want them to realize every goal they may have can be reached through a good education. I want to see all of my students succeed and I want them to know that I will do anything to help them. Anytime a student should need my guidance, I will do my best to help. I want them to not only gain knowledge, but to also have self-confidence and to be proud. I know, from experience, when a child is struggling in school, their self-confidence is low and their grades will reflect it. However, when a child finally grasps the knowledge he needs, his self esteem will soar as well as his grades. It's so important that s tudents feel good about themselves and I want to make sure I can do my part in making sure that happens. My classroom will reflect a realist philosophy. I will have a linear seating arrangement and they will all face the blackboard. Teaching Philosophy :: Education School Essays Teaching Philosophy Children are our future and it has been a dream of mine to guide them into the right direction by the way of a good education. Having two children of my own, and preparing them for school, prompted me to want to achieve my goal of teaching. Watching their faces beam with pride as they learned something new, made me so proud. Teaching them preschool activities required research in knowing what I should teach to prepare them for elementary school. I used workbooks that I purchased from stores and I printed out worksheets from the Internet to help them learn. I considered myself a traditionalist; I directed the activities and had emphasis on a core curriculum that I planned for daily. After seeing them succeed from my teaching efforts, I decided I wanted to help other children succeed. I believe the purpose of education is to gain knowledge and to know how to use it to be successful in life. Without an education, a productive life cannot be had. I hope that I can always instill in my students the desire to want to know more and therefore become more knowledgeable. I want them to be excited about learning and not to look at school as a punishment. I want them to realize every goal they may have can be reached through a good education. I want to see all of my students succeed and I want them to know that I will do anything to help them. Anytime a student should need my guidance, I will do my best to help. I want them to not only gain knowledge, but to also have self-confidence and to be proud. I know, from experience, when a child is struggling in school, their self-confidence is low and their grades will reflect it. However, when a child finally grasps the knowledge he needs, his self esteem will soar as well as his grades. It's so important that s tudents feel good about themselves and I want to make sure I can do my part in making sure that happens. My classroom will reflect a realist philosophy. I will have a linear seating arrangement and they will all face the blackboard.

Amazon’s Marketing Strategy Essay

Abstract The purpose of this paper is to evaluate the marketing process of online retailer Amazon.com, Inc. Amazon.com provides a number of retail services as well as web and storage services. The corporate strategy framework, as discussed in Cravens & Piercy’s Strategic Marketing text, will be used to examine the background of the company and define its current position. The corporate framework includes the following: (1) corporate vision (2) corporate objectives toward vision (3) resources (4) business composition and (5) business design. The marketing strategy of the company will be reviewed using Cravens & Piercy’s suggested marketing strategy process. To assess the current marketing problems and opportunities, this paper takes a closer look at the company’s current SWOT analysis, provided by GlobalData. In addition, strategic recommendations will be made for the company’s prolonged growth. Amazon Inc. A company’s market driven strategy â€Å"mandates more effective integration of activities and processes that impact customer value† (Cravens & Piercy, 2009). As well as a consistent market driven strategy, an organization must be creative and innovative in order to compete in the global marketplace. Amazon, Inc. has developed an inventive marketing strategy through the use of the Internet. By becoming pioneers in the e-commerce marketplace, the company has transformed retail. Amazon Inc. should evaluate their corporate and marketing strategies to make use of all available resources. The company has experienced some marketing failures but can still take advantage of existing marketing opportunities. In the 9th Edition of the text Strategic Marketing, Cravens & Piercy write, â€Å"corporate strategies are concerned with how the company can achieve its growth objectives in current or new business areas† (Cravens & Piercy, 2009). When building the framework for a co mpetitive corporate strategy, an organization must first decide the corporate vision. During the summer of 1994, Internet usage showed promising growth. A reported statistic of 2,300% yearly growth encouraged Jeff Bezos, then Senior Vice President for D.E. Shaw & Co., to quit his job and concentrate on a way to gainfully use this information. His long term vision for his company was to revolutionize retail by creating â€Å"the  earth’s biggest online retail store, where everyone could buy anything and everything† (Kargar, 2003). To achieve this goal, Bezos conducted market research that led him to Seattle and directed him to choose selling books online as his main focus. The company was launched in 1995 and by the first quarter of 1996 reported sales revenues of $110 million. The company soon changed from a virtual bookstore into a virtual marketplace by entering new markets that included music, movies, electronics, toys, apparel, grocery and others. Years later in 2006 Amazon.com had become what some called a model of â€Å"the next-generation Internet-based business† (Isckia, 2009). That same year the company introduced their new endeavor, Elastic Compute Cloud (EC2), that offered cheap computing power over the Internet. Many believed Bezos’ unconventional wisdom took the company further away from its core vision. However, a closer examination of Bezos creative mindset reveals more of the organization’s well developed corporate philosophy and structure. Moving beyond book selling, the launch of EC2 and Simple Storage Service (S3) are examples of achievements towards the corporate vision. Amazon has been able to implement objectives in the areas of product quality improvement and new-product targets. Cravens and Piercy note that â€Å"a key strategy issue is matching capabilities to market opportunities† (Cravens & Piercy, 2009). Transforming Amazon.com into more than just a retail operation has given the organization the capability to â€Å"compete in different markets, provide significant valued to end user customers, and create barriers t o competitor duplication† (Cravens & Piercy. 2009). With Bezos’ continuous investments in new technological initiatives, investors were concerned about Amazon’s increasing debt and profitability. Kargar reports, â€Å"the company had a weak balance sheet [and] massive negative operating cash flow† (Kargar, 2004). Throughout the company’s financial history there have been many monetary losses. According to Robert D. Hoff and Heather Green, in 2002, â€Å"the company still carried $2.2 billion in long-term debt† (Business Week, 2002). In International Journal of Cases in Electronic Commerce, Pauline Ratnasingham reports that â€Å"Amazon.com shareholders lost 80% of their value in 2000† (Ratnasingham, 2006). Though sales increase rapidly, losses continue to soar as well. Despite the financial failures, in 2006 Bezos’ still believed that his investments would yield big payoffs in later years and that Amazon.com would be a â€Å"meaningful business†¦one day† (Hoff, 2006). As Amazon.com continued to expand, the company’s strategic business units (SBU) consisted of four key divisions: (1) U.S. Books/Music/DVD/Video (2) U.S. Electronics, Tools, and Kitchen (3) Services and (4) International (Ratnasingham, 2006). This business composition makes it easier to focus on separate specific strategies for each unit. The company’s business model also provides a competitive advantage. Amazon benefits from being able to maintain a virtual store front with distribution centers located in low rent areas. In all, a combination of convenience, speed, reliability, discounted pricing, and a wide selection of merchandise creates a synergistic business design that cannot be easily duplicated. When developing Amazon.com’s corporate structure Bezos clearly understood and defined his business strategy. The organization would now need to design and implement a consistent and integrated marketing strategy. An important aspect of Amazon.com’s marketing strategy is their customer-centric approach. Amazon offers lower prices, free shipping, and customer service available 24/7. Also, the customer experience is enhanced through personalized recommendations and customized web pages. The organization’s strength in customer service has been effective in increasing customer loyalty, website traffic, and repeat purchases. Amazon.com uses various marketing techniques that include online advertising, email campaigns, and their Associates Program. The Associates Program, which allows outside websites the ability to make products available to Amazon customers, has proven to be very successful. In 2001 over 700,000 associates were registered for the program. This marketing tool allowed Amazon.com the ability to â€Å"expand its market beyond its own website and concentrate on its strength of order fulfillment and distribution† (Ratnasingham, 2006). Another key aspect of Amazon.com’s marketing strategy is their established strategic relationships with various traditional retailers. These alliances enhance the value offerings of customers, give the company a competitive advantage, and increase the market share for all companies involved. Some of Amazon’s partnerships include Toys ‘R’ Us for toys and video games, the Gap for clothing and Drugstore.com for pharmacy items. The company also has third party arrangements with Target Corporation, Borders Group, Expedia, and others. Amazon profits by providing customers with a diverse array of products while their allies are able to use the technology, services, and  tools of Amazon.com. A significant detail of any organization’s marketing strategy is creativity and innovation. In her article for The Learning Organization, Verna Allee suggests that â€Å"in order to sustain competitive strength and continue growth Western companies need to build innovation into their cultures and structures as an essential condition for value creation† (Allee & Taug, 2006). In 2008, Amazon.com was listed as number 20 in a list of the world’s 25 most innovative companies (Cravens & Piercy, 2009). The new service offering of the EC2 and S3 digital utilities moves the company into competitive opportunities within the software platform marketplace. Bezos’ innovation strategy for Amazon.com includes these five following rules: 1) Measure everything 2) Keep development teams small 3) Don’t be afraid of weird ideas 4) Open up to outsiders 5) Watch customers, not competitors (Hoff, 2006) Amazon.com’s technological advances and Bezos’ forward-thinking has led the company to create ground-breaking products, such as the Kindle and also compete with top online digital music provider Apple ITunes. By encouraging continued innovation, Amazon can secure their place as leaders in Internet-based businesses. Amazon.com is in a position to gain from the various opportunities they have in the e-commerce marketplace. These opportunities include new trends and technological advances. Amazon competes well and has growth in the digital e-book market thanks to their Kindle product. Amazon can continue to invest in technology to sustain profitability. In general, E-commerce is experiencing growth. Amazon.com is in the position to benefit from this rise. The site currently offers payment security, one-click payments, user-friendly features, and other technologies that new web-based businesses will have to compete with. The company also has the opportunity to expand through strategic alliances and acquisitions. For example, GlobalData reports that Amazon.com acquisition of TouchCo earlier this year, â€Å"is expected to bring about cost reduction in the company’s business† (GlobalData, 2010). Overall, Amazon.com employs strong marketing  strategies. GlobalData reports that the company’s emphasis on marketing can be seen in their increased marketing costs in 2009, in comparison with 2008 and 2007 (GlobalData, 2010). However, Amazon.com is faced with some marketing problems. Because the company has a seasonal nature, more shoppers during the holiday seasons, the number of customers accessing the website at one time could cause system interruptions. This could contribute to fulfillment issues and a delay in deliveries. Also, Amazon.com faces the threat of traditional retail stores like Wal-Mart or Barnes & Nobles who now have an online component. Amazon.com now has to compete with companies who have greater brand recognition and more customers. The partnerships the company has made also pose a problem. For example, in 2004 Toys ‘R’ Us bought a case against the company because Toys ‘R’ Us exclusive items were being sold by competitors through Amazon’s website. Also the company suffered increased costs because of their alliance with Drugstore.com. To offset the problems and threats faced by the company, Amazon can benefit from the following strategic recommendations. First, during the off-season Amazon can do aggressive promotional campaigns to include discounts for students and partnerships with university and college professors to be the exclusive vendor for textbooks and suggested reading materials. Also, Amazon’s fulfillment processes should be evaluated to determine what issues are prevalent during the holiday season. Those issues should be addressed and fulfillment centers should be restructured accordingly. The company should re-evaluate their alliances by doing a cost assessment. By determining which costs are insignificant, expenses can be reduced or eliminated. Through the leadership of Jeff Bezos, Amazon.com continues to be the best and first by thinking outside the box. The company has changed the way consumers shop, the way they read, and the way entrepreneurs run their businesses. Bezos accepts his failures, focuses on what works and continues to support new ideas and hopeful initiatives. An evaluation of their marketing and corporate strategies to assess their failures can allow them the ability to make appropriate use of their opportunities. References Cravens, D. W., & Piercy, N. F. (2009). Strategic marketing (9th ed.). New York: McGraw-Hill. Hoff, R.D. (2006). Jeff Bezos’ risky bet. BusinessWeek, 52-58. Retrieved December 14 from ABI/INFORM Global. Hoff, R.D., & Green, H. (2002). How amazon cleared that hurdle: to earn a profit, it cut costsand started growing again. BusinessWeek, (3768), 60-61 Retrieved December 14 from ABI/INFORM Global. Hoff, R.D., Neuborne E., & Green, H. (1998 December). Amazon.com: the wild world of e-commerce: by pioneering – and damn near perfecting – the art of selling online, amazon is redefining retailing. BusinessWeek (3608), 106 Isckia, T. (2009). Amazon’s evolving ecosystem: a cyber-bookstore and application service provider. Canadian Journal of Administrative Sciences, 26(4), 332-343. Retrieved December 17 from ABI/INFORM Global. Kargar, J. (2004). Amazon.com in 2003. Journal of the International Academy for CaseStudies, 10(1), 33-52. Retrieved December 11, 2010 from ABI/INFORM Global. Ratnasingham, P. (2006). A swot analysis for b2c e-commerce: the case of amazon.com. International Journal of Cases in Electro nic Commerce, 2(1), 1-22, Retrieved December11, from ABI/INFORM Global.

The Bridge of San Luis Rey Free Essay Example, 1500 words

Manuel is the twin brother of Esteban, reared by the Abbess. Manuel is torn between a relationship he has between his twin brother Esteban and Camila, whom Esteban has feelings for. Esteban s relationship with Camila Perichole is certainly more passionate than compassionate since it comes at a great price of straining Manuel s relationship with his twin brother. Before Manuel dies, he refuses Esteban s offer to send for Camila, which shows that throughout the course of the story s treatment of Manuel, his passionate love for Camila has dried up. Manuel dispels his curses of Esteban, which shows that he has drifted back toward a compassionate relationship with his brother. Manuel changes Esteban by showing that the relationship the twins share is more powerful than any other. Given that they can experience each other s feelings, things return to the way they should be when Manuel refuses Camila s company and instead accepts precious moments with his brother. Pepita is an orphan who d evelops a relationship with several characters, including the Marquesa and the Abbess, as a faithful and obedient servant. Pepita is taken in by Dona Maria after her time at the Convent. We will write a custom essay sample on The Bridge of San Luis Rey or any topic specifically for you Only $17.96 $11.86/page Unfortunately, the next morning, both women perish on the bridge. Pepita s letter does, in the end, have an effect on Dona Maria. Dona Maria asks Pepita about her letter to the Abbess, which Pepita says she has burned.