Newspapers
A newspaper is a public way to display events in a community or worldwide. It allows people to be aware of what crimes are happening around us. Newspapers are usually a negative representation of crime if they are bought by bigger organisations which want to present crimes and events a certain way due to certain beliefs. They often prioritize crimes that draw the attention of viewers to gain more sales and make profits from selling the papers. They also tend to depict offenders as stereotypes that fit with societal norms such as being in the working class which is misrepresentation. Police and law enforcers are often glorified so that people don't recognise the misconduct being committed and focus on the success. Some newspapers will also embellish a crime story adding details that are untrue to make stories more interesting and appealing to the public so that the papers are bought and profits are made.
Example 1
Stockport stabbing reported in The Guardian. In this news article 3 children were killed, 11 children and 2 adults were injured in a dance class stabbing. This occurred while performing a taylor swift style dance. These crimes are sensationalized by the fact the article adds the detail that they were listening to Taylor swift. This is done to catch more attention from people and gain more following. It wasn't a key detail that needed to be added therefore embellishing the crime just to please the public eye by meeting a celebrity. The representation of crime could be argued as a positive in the perspective of the newspaper as it allows more people to pay for newspapers and creates a bigger following which increases profits, however it is a positive representation of crime as it does not allow just the facts to be added. There is a lack of respect as other details are added to sensationalize the event.
Example 2
Couple imprisoned for murdering dad of 3. Mirror news articles. In this event a couple murder a man leaving a pub unprovoked. The couple pleaded to manslaughter stating they were not intending to kill as he died from a pre-existing heart condition not the attack. The newspaper adds in details that did not need to be added to sensationalize the attack and draw viewers to read the article and gain profits. This is a positive representation as it shows how newspapers often dramatise events and add unnecessary details to create empathy to get the readers hooked and make them want to keep reading.
Television
Television is a common way of displaying crime especially tv shows where crime is glorified and glamorized in order to get more views by intriguing watchers and leaving them wanting more. It often shows criminals getting away with crime and trying to instill the idea that committing crime is a good idea. Criminals are presented as successful and idols. This is portrayed heavily in media channels such as Netflix where films and shows about drugs, guns and violence are readily available to people. This can include young impressionable people who don't know any better than to follow what they see on screen. It can also be a good way to present crimes that are occurring and instill peace in society by placing faith back into police forces by making shows about police where they are serving justice for people victimized and putting criminals in prison.
Example 1
24hrs in custody demonstrates a case where a man identified as Sandel Hornea who disguised as a delivery driver broke into a home, assaulted 2 women and stole from their home. He fled the country soon after heading to romania. A year later he was arrested and sentenced to 11 years where after he has served his sentence he will be deported to romania. These crimes are portrayed accurately with video evidence to support them. They were not sensationalized or misrepresented therefore making this representation of crime negative as it shows how crime is dealt with efficiently and swiftly by police force.
Example 2
A positive example of tv representation is the show brooklyn 99 where a new york police department takes down criminals and gets justice. It creates a good impression about police and makes law enforcers look very good in the eyes of the public. However it is a comedy show therefore, it can be mildly offensive and not take all crimes seriously, often making jokes about serious crime which is a negative example of representation. It glorifies crime and makes it seem fun to commit crime (glamorize). Crimes within the show are often sensationalism and made a bigger deal than they actually are in real life or not making it realistic which can throw people's perception of crime.
Film
Films often present crime as high stakes and thrilling. Many movies made have been about violence and thrill seeking activities such as GTA and murder. This can be seen in films such as john wick where there's lots of action and thriller action which creates a desirable and admirable atmosphere to crime often sensationalizing it and glorifying it making crime look easier than it is and makes it look fun (glamorize). Criminals are often presented as attractive and successful to make the plot look better, frequently presenting criminals as attractive. Films often misrepresent crime and make consequences inaccurate to follow a plot line and make a good and thrilling movie for people to watch to create revenue. However, there are also films which go against these types of thrill seeking films such as documentaries where they document how criminals are caught and give accurate and unbiased information.
Example 1
Films often present crime as high stakes and thrilling. Many movies made have been about violence and thrill seeking activities such as GTA and murder. This can be seen in films such as john wick where there's lots of action and thriller action which creates a desirable and admirable atmosphere to crime often sensationalizing it and glorifying it making crime look easier than it is and makes it look fun (glamorize). Criminals are often presented as attractive and successful to make the plot look better, frequently presenting criminals as attractive. Films often misrepresent crime and make consequences inaccurate to follow a plot line and make a good and thrilling movie for people to watch to create revenue. However, there are also films which go against these types of thrill seeking films such as documentaries where they document how criminals are caught and give accurate and unbiased information.
Example 2
The film The Godfather is a glorified showing of crime where mafia families run successful businesses of drug trafficking such as heroin and murder. It's a thrill seeking movie which glorifies crimes such as drug dealing depicting them as ‘successful’ and ‘entrepreneur ideas’ which can be impressionable to young people who are watching this film . It creates an adrenaline rush which becomes desirable to act out in real life glamorizing these types of crime. It could also be a negative as it shows consequences of committing crime such as being murdered however this could also cause a positive impression on young people and influence them to believe that killing is the only effective way to stop crime.
Electronic gaming
In gaming, crimes are often seen as a good thing and something you need to do to continue and progress further within the game. Almost all games that are very popular have an aspect of violence within them; this is seen in most games, especially those that are popular with a younger audience . Even games which are as innocent as fortnite include aspects of violence in order to win, creating the idea you need to kill in order to be successful. Games like these glorify crime and sensationalize it which can cause a negative impact on young people who are easily influenced. Creating this reward system within games for committing crime is a positive representation of crime as it shows that you will be rewarded for committing these crimes. Criminals in games are glamorized and are often seen as ‘cool’ or ‘admirable’ making this a negative reflection of crime.
Example 1
GTA 5, in this game there is theft, murder, assault, gun misuse, assassination and car theft. They are portrayed as very violent and extreme, often sensationalizing and embellishing crime by giving rewards such as in-game money, clothes and cars. This creates a negative representation of crime where there is a reward system in place encouraging people to do crime. Games like these can often have effects on young people instilling the idea that committing crime is a good thing and that if there is a risk there will be a reward.
Example 2
In the game assassin’s creed there are crimes such as theft, murder, assassination and war crime. This creates a negative representation of crime as it is glorified by receiving in-game rewards and completing tasks to finish the game and seek valor. You could also argue it is negative as it's not real and is just a game and it can have negative consequences and shows that committing crime can have detrimental effects on wider communities if crimes such as war crime or terrorism occur however, it is a majorly positive representation as it shows a risk and reward system.
Social media
Within social media the term scaremongering can often be applied. This is where reports of a crime are spread in order to instill fear within a community or to individuals. Social media can often over report a crime to gain views which can make certain people gain fame or a following. It also is a way for media channels to make money as more and more people will research and watch content to see ‘interesting’ cases. Social media can also misrepresent crime as anyone can make accounts and publish fake information about a crime in order to confuse people or gain a following of misfortune from victims. Social media can represent criminals in negative light stereotyping them as possibly middle/lower class or generally lesser within society or it could be positive often sensationalizing criminals often people who become ‘fans’ of a criminal who is objectively attractive such as a recent case with a man identified as ‘wade wilson’ who murdered women. He has gained a following and many people sensationalize him and fan over him.
Example 1
The Hampshire Constabulary instagram made a post about how it is illegal to start a fire in order to put other peoples lives in danger and you can go to prison for it. This si an example of scaremongering and making an issue seem as iud it occurs more than it actually does. It is rare for people to set fires to harm others so making an instagram post about the issue scares people for no reason.
Example 2
The instagram page for the National Crime Agency made a post about £650,000 worth of cannabis being smuggled within the uk. This is a negative representation of crime as it shows the consequences of committing crime and that offenders will be punished. It also highlights awareness of certain activities and that there are issues within society that need to be reported. Social media used in this way is a good source of information as it comes directly from trusted sources. If media is used in this way it could be a positive way to keep all people updated on crime within their local community.
Music
Music can often represent crime and criminals as a positive thing. Creating a catchy new song for people to listen to can make crime and being a criminal fun and thrilling therefore, sensationalizing it. Music can also embellish and glorify criminal activity by making music videos which show fun and interesting activities within crime. It could be a negative representation of crime by using lyrics in a way to make crime seem uninteresting to younger, easily influenced audiences. This stops young and vulnerable people from committing life changing crimes. It could also be used in the opposite way trying to get these influential crows to become part of certain groups by following an admired famous figure uhc as famous singers.
Example 1
In the song ‘No body, no crime’ it acknowledges the story about how she was murdered by her husband as he wanted to stay with his mistress and without having the body he could not be tied to homicide. These crimes are portrayed as sad and evil through the low and monotone style of the song. This is a negative representation of crime as it presents the effects of crime as very sad and depressing causing distress to victims' family members.
Example 2
NWA - “F**k tha police’ In this song, there is police brutality where anger is expressed toward excessive force used by law enforcement on black communities. It also mentions racial profiling which suggests the targeting of people based on race. Corruption is also mentioned and lyrics express corruption of the legal system. Lastly, oppression is shown by law enforcers who target certain races. Crime is negatively portrayed as its crimes committed by law enforcers themselves which is ironic as they're trying to prevent crime and help society. Overall music can be a good way to present crime in a negative light reducing the amount of people doing crime.
parseIndex :: (Monoid a, NFData a) => (Tar.EpochTime -> FilePath -> Bool)
-> (FilePath -> B.ByteString -> IO a) -> IO a
parseIndex predicate action = do
configPath <- getCabalConfigPath
cfg <- B.readFile configPath
cfgFields <- either (fail . show) pure $ Parsec.readFields cfg
repoCache <- case lookupInConfig "remote-repo-cache" cfgFields of
[] -> getCacheDirPath -- Default
(rrc : _) -> return rrc -- User-specified
let repos = reposFromConfig cfgFields
tarName repo = repoCache </> repo </> "01-index.tar"
mconcat <$> traverse (parseIndex' predicate action . tarName) repos
where
getCacheDirPath =
getXdgDirectory XdgCache $ "cabal" </> "packages"
getCabalConfigPath = do
mx <- lookupEnv "CABAL_CONFIG"
case mx of
Just x -> return x
Nothing -> do
mDir <- maybeGetCabalDir
case mDir of
Nothing -> getXdgDirectory XdgConfig $ "cabal" </> "config"
Just dir -> return $ dir </> "config"
maybeGetCabalDir :: IO (Maybe FilePath)
maybeGetCabalDir = do
mDir <- lookupEnv "CABAL_DIR"
case mDir of
Just dir -> return $ Just dir
Nothing -> do
defaultDir <- getAppUserDataDirectory "cabal"
dotCabalExists <- doesDirectoryExist defaultDir
return $ if dotCabalExists
then Just defaultDir
else Nothing
parseIndex'
:: (Monoid a, NFData a)
=> (Tar.EpochTime -> FilePath -> Bool)
-> (FilePath -> B.ByteString -> IO a) -> FilePath -> IO a
parseIndex' predicate action path = do
putStrLn $ "Reading index from: " ++ path
contents <- BSL.readFile path
let entries = Tar.read contents
entries' = Tar.foldEntries cons [] (error . show) entries
foldIO f entries'
where
cons entry entries
| predicate (Tar.entryTime entry) (Tar.entryPath entry) = entry : entries
| otherwise = entries
f entry = case Tar.entryContent entry of
Tar.NormalFile contents _
| ".cabal" `isSuffixOf` fpath -> do
bs <- evaluate (BSL.toStrict contents)
res <- action fpath bs
evaluate (force res)
| otherwise ->
return mempty
Tar.Directory -> return mempty
_ -> putStrLn ("Unknown content in " ++ fpath)
>> return mempty
where
fpath = Tar.entryPath entry
Telegram Link :) t.me/SscPanacea Youtube Link :) http://www.youtube.com/@SscPanacea_official
CGL TYPING PASSAGE 5
Two years after cheetahs were introduced in Kuno National Park, Madhya Pradesh, the country now has at least 24 of the big cats. Declared extinct in India in the early 1950s, the cheetah population in Kuno could signify a revival of the species in the country. However, these are still early days for Project Cheetah, and many challenges need to be addressed. Lessons learned over the past two years will need to be applied before the project can be deemed a success. Currently, all surviving African cheetahs, introduced to initiate the project, and their offspring, live in acclimatizing enclosures. Cheetahs are free-ranging predators, and their true test of survival lies in the wild. To create a self-sustaining population, a significant number will need to be weaned off protective care. Kuno's last free-ranging cheetah, seven-year-old Pawan, reportedly drowned under mysterious circumstances in August—the eighth adult brought from Africa to die since the project's commencement. Questions about breeding these big cats in foreign conditions have troubled Project Cheetah since its inception, as India was home to Asiatic cheetahs, not the African subspecies introduced in 2022. Criticism intensified after Pawan’s death. A Special Investigation Team (SIT) established to investigate the incident was disbanded within a day. The National Tiger Conservation Authority (NTCA), the project’s overseeing body, has yet to provide a convincing reason for this hasty decision, and experts have raised concerns about the persistent lack of transparency around Project Cheetah. The NTCA has also faced criticism for shifting its goals over the past two years. For example, Project Cheetah’s initial goal—"to establish a free-ranging breeding population of cheetahs in and around Kuno"—has been modified to “managing” a metapopulation through assisted dispersal. Course corrections are expected in any project aiming to create a sustainable animal population from scratch. However, the issues facing Project Cheetah may not always be dismissed as mere teething troubles.
Swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe. Sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet, sweet. Swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe. Swear, swear, swear, swear, swear, swear, swear, swear, swear, swear, swear, swear, swear. ham) or sweet ones, ham) or sweet ones, ham) or sweet ones, ham) or sweet ones, ham) or sweet ones, ham) or sweet ones.
Bonjour. Aujourd’hui, nous allons parler de la location d’un appartement ou d’une chambre pour une courte durée pour les étudiants. Quels sont, selon vous, les avantages de cette option ?
Bonjour. L’un des principaux avantages est la flexibilité. Les étudiants peuvent s’installer rapidement et facilement sans avoir à s’engager sur une longue période. Par exemple, cela leur permet de changer de lieu de résidence plus facilement, notamment s’ils doivent étudier dans une autre ville ou un autre pays.
Et concernant les coûts, pensez-vous que c’est une option intéressante ?
Oui, c’est généralement moins coûteux que de louer un logement pour une année entière. Les loyers sur une courte durée sont souvent adaptés aux besoins des étudiants, ce qui peut être plus économique. De plus, les étudiants ont souvent le choix entre vivre seuls ou partager une chambre avec d’autres étudiants, ce qui réduit encore les coûts.
Y a-t-il d’autres avantages à cette option ?
Oui, certains logements pour étudiants offrent des services collectifs, comme une piscine ou une salle de fitness. Cela peut améliorer leur qualité de vie tout en restant abordable.
Cependant, il doit y avoir des inconvénients. Quels sont les principaux défis liés à la location de courte durée ?
L’un des plus grands inconvénients est l’incertitude. Par exemple, il peut être difficile de savoir combien de temps on restera dans le même logement. De plus, cela oblige souvent à chercher un nouveau logement régulièrement, ce qui peut être stressant et chronophage.
Et concernant la stabilité ?
Oui, le manque de stabilité et de sécurité est un problème. On ne sait pas toujours si on pourra rester dans le même appartement ou la même chambre à long terme. Cela peut rendre la vie étudiante plus difficile, surtout lorsqu’il faut constamment payer des frais de déménagement.
Pensez-vous que la personnalisation du logement est aussi un problème ?
Absolument. Avec une location de courte durée, les règles peuvent limiter la personnalisation de l’espace de vie. Par exemple, on ne peut souvent pas apporter de modifications significatives au logement, ce qui peut donner un sentiment de vie temporaire.
Entre avantages et inconvénients, que recommanderiez-vous à un étudiant ?
Je recommanderais cette option pour les étudiants qui ont besoin de flexibilité, comme ceux qui voyagent beaucoup ou qui ne sont pas encore sûrs de leur lieu d’études à long terme. Cependant, pour ceux qui préfèrent la stabilité, une location à long terme pourrait être plus adaptée.
Merci pour vos réponses. Vous avez bien analysé les aspects positifs et négatifs.
Merci à vous !
This is a complex subject that demands our in-depth consideration. Currently, an increasing number of students have come to recognize the equal significance of social practice and academic learning. I am a firm advocate of the idea that one of the crucial paths to becoming successful individuals lies in the seamless integration of practical experiences with professional knowledge. It is a fact that cannot be overlooked that a significant proportion of graduates recruited by large enterprises often struggle with the practical application of their academic achievements. They find themselves ill-equipped to translate the theoretical concepts learned during their college years into real-world production scenarios. This deficiency can be attributed, to a large extent, to the limited practical exposure they receive during their university tenure. The semesterly formalized assignments not only consume a substantial amount of their precious time but also impede their efforts to cultivate the essential skills required for practical implementation. Consequently, it becomes imperative for students to acquire the ability to establish a robust connection between social practice and academic learning. This capacity is not only a key asset but also an indispensable tool for their future success and personal growth.
This is a complex subject, but I firmly believe that social practice and academic learning are equally significant, as more and more students think nowadays.
I strongly support that one vital way to be successful people is to combine real practice with professional knowledge. I want to emphasize further that a majority of graduated students hired by a big company are in effect found to lack the pragmatic capability to proficiently apply their academic knowledge learned in college to the real production activity. It is essential to consider that during the university, the practical experience they gain is insufficient to support their career owing to some formalized assignments they have to finish every semester, extremely preoccupying their valuable time dedicated to cultivating the key ability for manufacturing practice. Therefore, learning how to build the connection between social practice and academic learning is an indispensable capacity that students truly need to realize and master.
My body's on the line now
I can't fight this time now
I can feel the light shine on my face
Did I disappoint you?
Will they still let me over
If I cross the line?
Take a seat
But I'd rather you not be here for
What could be my final form
Stay your pretty eyes on course
Keep the memories of who I was before
So stay with me because
My body's on the line now
I can't fight this time now
I can feel the light shine on my face
Did I disappoint you?
Will they still let me over
If I cross the line?
Honestly
I thought I was fully prepared for
The threshold in store
Stay your pretty eyes on course
I guess I never really faced my fears before
So stay with me because
My body's on the line now
Pull the blanket tight now
I can feel the light shine on my face
Did I disappoint you?
Will they still let me over
If I cross the line?
Please don't let them see me
Sure there's nothing left to try
I can feel the light shine on my face
Did I disappoint you?
Will they still let me over
If I cross the line?
If I cross the line
If I cross the line
The pulse of sleep is sucking at my eyes, I'm nursing it like a baby while it sucks me dry. And I'm staying up talking to a phone like God And like a mother, there is never respite. I'm sinking my hands into the piano like mud, I'm hoping and praying that I get stuck, I'm staying up talking to a phone like God, I'm resisting the trip while I'm falling in love. Cause you choose which one you want to rule you the best, A man or the never ending desire of success, I know which one is in my bed tonight, Dinner's on thе table with a pen and a knife. Thе meal tastes like paper and ink and pain, The words are different but the song's always the same. And while I'm seated and while I write and chew I try to not make the song about you. I can be your mother, I can be a dream, I can make it look like it never happened, Leave it clean. Oh I could be your friend Or I could be on my back, I could beg or I could bully, I could brace you for impact. Oh I could be counterfeit, I could be real, I could be the wound in your neck you tell your friends you can heal. I could be 500 virgins, I could be 500 whores, I could be anything anything anything But yours. You read to me quietly on the window sill, Our bodies will never be close enough if they tried, which they will. You either keep a close eye or a closed eye on it, I watch myself while I ride the emotional dick. Cause you choose which one you want to fuck you in place, A man or the the ache in your legs backstage, I know which one gets me on my knees, Gripping my hair like I'm made of sheets. The voice in my ear says "remember the bet." I'm nodding enough, then I'm holding my breath. Remember, remember, remember the bet. This love feels like a threat. I can be your mother, I can be mad, I could talk utter bullshit or I could be matter of fact. Oh I could be broken Or I could be whole, I could be something to fix in your New Year's resolution goal. Oh I could be an angel, I could be a jerk, Make a plan to save me, you can choose if you want it to work. I could be a purity to ruin, Corrupt for you to restore, I could be anything, anything, anything but yours. I can be your mother, I can be your dad, I could be the family that you always wished you had. I could be a kiss, I could be a hit, Lemme know if you ever figure out the difference. Oh I could a fact, I could be a lie, I could be the truth you search for your whole life but never find. I could be your bravado, I could be gone tomorrow, I could be anything, anything, anything, anything.
The federal court has the discretion to invoke Pullman abstention when it may be unnecessary for the court to decide a federal constitutional challenge to an ambiguous or uncertain state law that involves an important state function.
The Younger doctrine requires a federal court to abstain from the exercise of jurisdiction and dismiss a suit in which the plaintiff seeks an injunction or a declaratory judgment against ongoing state criminal proceedings. Younger abstention does not apply if the plaintiff can show that the ongoing state prosecution is (1) brought in bad faith or for purposes of harassment or (2) if the plaintiff will not have an adequate opportunity to raise his constitutional claim in the pending state court proceeding.
The Burford doctrine requires a federal court to abstain from the exercise of jurisdiction in a case where the plaintiff seeks an injunction or declaratory judgment in a suit that would require the federal court to review state administrative decisionmaking and fact-finding in fields that are traditionally subject to state regulation.
Character Evidence: Generally Speaking, evidence of a person’s character or trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.
Crim. Exceptions CE: However, in a criminal case, the D may “open the door” by bringing evidence of their pertinent trait, and if they do that, the P can rebut it.
Additionally (barring 412 stuff), the D may bring evidence of V’s pertinent trait which the P can rebut and/or bring evidence of D’s same trait.
Rule 412: The D may not bring evidence of the V’s other sexual behaivior or sexual predisposition.
In a crim case, the D may bring such evidence of specific sexual behaivior to show that the D was not the source of the semen or other physical evidence and specific sexual behaivior with the D to show that the V consented (the P may also bring up specific relevant sexual behavior with D). Additionally, the D may bring 412 evidence if not doing so would violate their constitutional rights.
In a civil case, D may bring 412 evidence if its PV substantially outweighs the harm caused to any person (reverse 403 balancing.) Evidence of V’s general reputation may only be brought if P “opens the door.”
In a homicide case, if D claims that V was the aggressor, then P can bring evidence of V’s trait for peacefulness.
Typically, if character evidence is admissible, it must be proven through reputation/opinion on direct. Then, on cross OP can rebut it using specific instances of conduct. OP must be able to show the judge proof for the basis of their questioning and they are stuck with the answer that the W gives them. Can’t bring in extrinsic evidence.
However, the party calling the witness may talk about specific instances of relevant conduct on direct if the character trait is an essential element of the charge, claim, or defense.
Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted similarly. However, this evidence may be admissible for any other purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
However, in a civil or criminal case, P can bring evidence that the D has/may have committed sexual assault/moselested children (under age 14, but if over that can still get them with the sexual assault exception) before to show that they have done it again.
Evidence of a person’s habit or an organization’s routine may be used to show that on a particular occasion the person or organization acted in accordance with the habit or routine.
Any party may use 607-609 to impeach a witness. Credibility may be attacked/supported (trait for untruthfulness/truthfulness) in the form of reputation/opinion evidence. May only support credibility if it was attacked first. On XE, may inquire into specific instances of relevant conduct to support/attack credibility of the witness themself or another witness they testified about. Can’t do on direct (except for 609). Can’t use extrinsic evidence (except for 609)
Rule 609: When you want to attack a witness’ credibility with evidence of a criminal conviction.
If the crime was punishable by more than a year in the convicting jurisdiction
-In a Civil Case or Crim where W is not D: Must admit subject to normal 403 balancing
- In a Criminal Case where witness is D: Must admit if PV outweighs UP (modified 403 w/ more discretion to exclude) (balancing for 609: nature of crime, similarity to current charge, time of conviction/reoffender status, need to hear from witness, and credibility issue central?)
For any crime, must admit if the court can readily determine by looking at the written record that the crime required proving or the witness admitting a dishonest act or false statement.
If it’s been more than ten years since the conviction or release (whatever is later), the evidence is only admissible if the probative value substantially outweighs the prejudicial effect and the proponent gives OP reasonable written notice.
Evidence of a conviction is not admissible if the person was (based on rehabilitation) pardoned, annulled, sent to rehabilitation, etc. and the person has not reoffended w/ a crime punishable by more than one year. Or the person was pardoned, annulled, sent to rehabilitation on a finding of innocence, regardless of reoffense.
A juvenile conviction can only be admitted if it was of a person other than an accused in a crim case, would be admissible to attack adult’s credibility, and it is necessary to admit the evidence to support a finding of guilt (almost never)
Conviction is admissible subject to 609 even if it can or is being appealed, evidence of appeal may be brought in to rebut it
La porte s’ouvre, défonce, fait entrer une draft d’air frette et s’extirper un gars en détresse.
Monte dans la nuit un hurlement qui prouve que, quoiqu’en disent les théoriciens de
l’évolution, l’homme n’est pas bien loin de la bête. Émile s’effondre, s’écroule, genoux qui
éclatent dans la gravelle et poings qui tendent vers le ciel pour le maudire et à travers les larmes
qui brouillent son regard, voit au loin les étoiles flamboyer en un spectacle astral indécent,
comme pour lui faire croire à son propre discours. Il s’essuie la face en se maquillant
d’hémoglobine et de poussière.
Subset of CC. Arises in joint trials/accomplice confessions that implicate the D. There is an initial presumption that the HS is not admissible. The dec. must be the accomplice and tried jointly with the D. It is admissible against the accomplice because its an OP statement made in their individual capacity. If offered against the D, it will likely fail CC scrutiny (is testimonial) if it furthers the conspiracy (somehow) and falls under 801(d)(2)(e), then it will be non-testimonial. May the trial court permit the jury to hear the accomplice’s out of court confession so long as the court carefully instructs the jury to consider the statement only against its maker?
The P could use the HS solely against the A w/ no Bruton problem if they sever the trials, there are separate juries (only hearing respective admissible evidence), if the accomplice takes the stand and subject to XE, if D had previous chance to XE A’s statement, if statement redacted by P or C to avoid all mention of D’s involvement and only admitted against A (still could be inadmissible in some cases), if D waives right to jury trial and it is heard by the bench, or if they get it to qualify under 801(d)(2)(e).
If the statements pose a substantial threat (were powerfully incriminating) and can’t be disregarded by instruction, plus barred by CC, then there are no jury instructions, no matter how good they are, that can cure this problem.
However, if the confession is redacted to eliminate not only the D’s name but any reference to his or her existence, and it is not clear to the jury that the statement had been altered and they’re not getting all the information, the redaction cures the Bruton problem
Conversely, if the redactions create an obvious and explicit tip off to the jury that one of the other defendants was the deleted person, then the redaction will NOT cure the Bruton problem as the jury will likely fill in the blanks AND it actually highlights that the removed name was probably one of the other defendants. Creates an issue for the defendants who actually were NOT mentioned as well.
The Individuals with Disabilities Education Act (IDEA) provides several key provisions to ensure that children with disabilities receive appropriate education and related services. Let’s explore these provisions:
1. Free Appropriate Public Education (FAPE):
Every child with a disability who is eligible for special education must receive educational services at no cost to the parent. Services provided must be appropriate for the individual student, based on factors such as evaluations, classroom performance, and the student’s goals. The public school system must educate all students, including those with profound disabilities, and cover all costs associated with providing an appropriate education.
2. Appropriate Evaluation:
Schools must conduct thorough evaluations to determine a child’s eligibility for special education services. These evaluations help identify the child’s unique needs and guide the development of an Individualized Education Program.
3. Individualized Education Program (IEP):
The IEP is a personalized plan developed for each eligible student with disabilities. It outlines the student’s specific educational goals, services, accommodations, and modifications.
4. Least Restrictive Environment (LRE):
Students with disabilities should be educated alongside their non-disabled peers to the greatest extent appropriate. The goal is to provide an inclusive environment that promotes social interaction and academic growth.
5.Parent and Student Participation in Decision Making:
Parents are equal members of the team that develops the IEP.
Their input is crucial in designing an appropriate educational program for their child.
6. Procedural Safeguards:
IDEA ensures that parents have specific rights, including the right to participate in meetings, review records, and resolve disputes. These safeguards protect the rights of both students and parents.
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Reaching the camps besieging Riverrun, Jaime meets with his cousin Ser Daven. The new Warden of the West spits when he discovers that it was Vargo Hoat who had Jaime's hand amputated, informing him that he offered Tywin to forage for Hoat, but he refused, saying that some tasks are fit for lions, but foraging is best left for goats and dogs.
Daven reveals how much the Freys are vexing him, and even their own uncle Emmon Frey is trying his patience, complaining that he doesn't want his new seat destroyed by a siege. Worst of all is Ser Ryman, who keeps tying a noose around Edmure Tully's neck each morning threatening the Blackfish that he means to hang him unless Riverrun surrenders; however, the Blackfish has long exposed Ryman's threat to be empty.
They speak of Lancel and his abandonment of Darry, which reminds Jaime of the looks on Ami's family's faces when Lancel made his intentions clear. He is all too aware of how Lord Walder deals with those who break Frey marriage proposals.
Daven tells the Lord Commander that their uncle Kevan passed through the camps heading west. He also mentions that Edmure's wife Roslin is pregnant, and oddly she is fond of the dispossessed Lord of Riverrun. He also tells Jaime of Lord Gawen Westerling constantly hounding him to rescue his wife and children, who are being held captive by Ser Brynden Tully.
Jaime is perturbed to learn how little help they are receiving from the bannermen of the Tullys who bent the knee to the Iron Throne after the Red Wedding. He realizes that he must secure Riverrun quickly to put down any threat of rebellion. Starving them out would take far too long.
The next morning, Jaime is considering a parley with Ser Brynden, and recalls when he was a squire of Sumner Crakehall, sent to Riverrun with a message. Lord Hoster seated Jaime next to Lysa, but the young man was far more interested in Lysa's famous uncle, the Blackfish. Within sight of the walls of Riverrun, Jaime has his tent pitched, and soon receives a visit from his Aunt Genna and her husband, Emmon Frey.
Genna is still a Lannister through-and-through, with the wit and sharp tongue also shared by all of Lord Tywin's children. Jaime lies to them that their son Cleos died bravely, and then listens to Emmon's complaints about a siege damaging his castle.
Jaime enlightens Emmon to the fact that he was named Lord of Riverrun, but Petyr Baelish is the Lord Paramount of the Trident. Emmon is outraged to learn he is a vassal of Petyr, but Jaime is unconcerned, as there is nothing he can do about it and Cersei won't indulge someone like Emmon Frey. Genna tells Emmon to leave so she can speak in private with her nephew.
Lady Genna makes it known how she feels about Queen Cersei rearming the Faith (namely that the decision is idiotic, given the trouble the Faith Militant caused the Targaryens before they were finally put down and disbanded), Cersei's choice of councillors, in particular rejecting her brother Kevan as Hand, and Lancel's foolish decision to leave behind his lordship.
When Jaime remarks that he plans to treat with Ser Brynden, his aunt tells him that he would be better off beheading Edmure. But Jaime feels this may further the Blackfish's resolve, and would sooner assault the walls of Riverrun if a parley will not work.
At last, they discuss Lord Tywin, and Jaime asks her if she loved her eldest brother. Lady Genna tells him how it was Tywin, a boy of only ten, who objected to their lord father's decision to wed the seven year old Genna to Emmon Frey, who was not even the heir to the Twins. For that alone, she loved him, stating, "...every little girl needs a big brother to protect her. Who will protect us now?"
When Jaime insists that he is his father's son, his aunt replies, "You smile like Gerion and fight like Tyg, and there's some of Kevan in you, else you would not wear that cloak... but Tyrion is Tywin's son, not you."
The Individuals with Disabilities Education Act (IDEA) provides several key provisions to ensure that children with disabilities receive appropriate education and related services. Let’s explore these provisions:
1. Free Appropriate Public Education (FAPE):
Every child with a disability who is eligible for special education must receive educational services at no cost to the parent. Services provided must be appropriate for the individual student, based on factors such as evaluations, classroom performance, and the student’s goals. The public school system must educate all students, including those with profound disabilities, and cover all costs associated with providing an appropriate education.
2. Appropriate Evaluation:
Schools must conduct thorough evaluations to determine a child’s eligibility for special education services. These evaluations help identify the child’s unique needs and guide the development of an Individualized Education Program.
3. Individualized Education Program (IEP):
The IEP is a personalized plan developed for each eligible student with disabilities. It outlines the student’s specific educational goals, services, accommodations, and modifications.
4. Least Restrictive Environment (LRE):
Students with disabilities should be educated alongside their non-disabled peers to the greatest extent appropriate. The goal is to provide an inclusive environment that promotes social interaction and academic growth.
5.Parent and Student Participation in Decision Making:
Parents are equal members of the team that develops the IEP.
Their input is crucial in designing an appropriate educational program for their child.
6. Procedural Safeguards:
IDEA ensures that parents have specific rights, including the right to participate in meetings, review records, and resolve disputes. These safeguards protect the rights of both students and parents.
Fathers provide United America, Fathers provide United America,
To acquire title to real property by adverse possession not founded upon a written instrument, it must satisfy every each elements: 1) entry is actual and exclusive: you should physically enter the land and not share with other people; 2) use of the land is open and notorious: not secret but occupying as an owner would occupy, for the whole world to see; 3) continuous for the statutory period: without interruption for the statutory period, depending on the nature of the property; The period of adverse possession of one possessor can be tacked to the period of adverse possession of another possessor when there is privity between the two. privity exists when the right of possession is transferred from one to another. 4) adverse and under a claim of right; Main Doctrine: the trespasser had to know that the land in question belongs to someone else; Connecticut doctrine: specific intent is not required but the fact that you believed it to your own property and acted like an owner is sufficient.
The CC only applies when you are dealing w/ HS w/ an exception that is being offered against the accused in crim case. D has no right to confront themselves. If the HS is from a prior trial against the same D, the P has made every effort to produce the dec., and the D has already had the opp. to confront the dec. at the previous trial, the CC is satisfied. If the declarant shows up and testifies at the current trial or hearing, the CC is satisfied regardless of whether the earlier statement was subject to XE.
There are certain hearsay exceptions that can sort of “bypass” the CC issue. If the statement can be admitted b/c it is a dying declaration, it is admissible even if it is testimonial. Statements against a PO that fall under 801(d)(2) are NOT testimonial, and the CC does not bar admission. Additionally, if the D’s conduct made the witness unavailable AND the accused intended to prevent the witness’s trial testimony, they have forfitted CC rights.
For there to be a CC issue, HS must be testimonial. If it is not testimonial, admission does not violate the D’s confrontation rights. If it is testimonial and not otherwise “bypassed,” then the D has a right to confront the witness at trial; if they can’t, the CC will bar admission. There is a strong presumption against a young child’s statement being testimonial. Certain statements are for sure testimonial: affidavits, custodial exams, prior testimony if D was not able to XE, similar pretrial statements reasonably expected to be used by P, briefs, statements taken by PO in the course of interrogations.
To determine whether the statement is testimonial, we use the primary purpose Test: whether, in light of the objective circumstances, the PP of the conversation was to create an out-of-court sub. for trial testimony. Analyzed differently in a “lab report” vs. “real world” situations. Overall, one group of justices seem to always think everything is testimonial, particularly if it is used for law enforcement purposes. (Pro D bias??) The other group of justices seem to always think that everything is not testimonial. (Pro P bias??) Thomas seems to think it is testimonial if it is “solemn and formal.” (Made a rule and stuck with that rule)
In the “real world,” HS which PP is assisting in an ongoing emergency are not test. If the primary purpose is assisting a crim. investigation, yes test. and barred.
The “never testimonial” justices objectively look at (1) the circumstances in which the encounter occurs and (2) the statements and actions of the parties to see if the hearsay statement was made for the primary purpose of assisting with an ongoing emergency. Assessed without the benefit of hindsight. Circumstances to Consider for Primary Purpose: zone of potential Vs, duration and scope, V’s condition, informality in encounter btwn victim and police/police surrogates, statements and actions of declarant and interrogators.
Generally, Thomas says if the statement has an indicia of solemnity and formality, then it is testimonial.
The “always testimonial justices” look at the declarant’s sub. intent when making the statement, not the obj. circumstances. When the threat posed by D ended when the declarant fled the home, only purpose declarant could have believed his stmts to be serving was the prosecution of D.
In lab report cases, the “always testimonial justices” say that a document created solely for an evidentiary purpose, made in aid of a police investigation, is testimonial. If so, when the testifying analysts did not take part in the tests or authored the reports, it is not admissible.
The “never testimonial justices” say that requiring the State to call the technician who filled out a form and recorded the results of a test is a hollow formality, the defense remains free to challenge any and all forensic evidence if someone else was called. Additionally, not testimonial if it was during an ongoing emergency/had no inculpatory prosecutorial purpose.
Thomas: Testimonial/Inadmissible looks to see if the report was formal and affidavit-lite.
For Autopsy Reports, if foul play is unapparent to anyone involved in the autopsy process it is not testimonial.
However, if something does suggest that foul play is afoot then jurisdictions are split. In CA, you evaluate testimonial purpose based on line-by-line examination of autopsy reports (not the report as a whole). CA follows this: focus on the formality and primary purpose of individual statements within an autopsy report
The autopsy report is testimonial when any objective witness/examiner would have expected the stmts to be used in later prosecution. More likely to be testimonial if formal (signed/certified) just like lab reports.
Autopsy reports are not testimonial when they are created for the primary purpose of documenting cause of death for public records and public health, not intended as a substitute for testimony.
