Week 4 project: case analysis

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You are working at Johnson and Cohen law firm and have recently been assigned to lead the appeal of a man convicted of first degree murder and sentenced to death.

The defendant has never had an IQ test, but friends and family insist that he has always been a little “slow“ his entire life. He was also diagnosed with autism earlier in his life and many of his former acquaintances thought he had psychiatric problems when they knew him.

These factors were never brought up at trial by the defendant’s previous defense team because they wanted to focus on mitigating circumstances surrounding the crime that was committed rather than confusing the issue with too many different defenses.

Based on the Case Study for this week, submit a 6 page case analysis using Microsoft Word that answers the following questions:

  • How would your team argue during the appeal that the defendant’s constitutional rights were violated?
  • What evidence would be required for your defendant to be considered mentally retarded under Atkins v. Virginia and Penry v. Lynaugh (1989)? Assess whether or not that evidence can be presented in this case.
  • What evidence would be required for your defendant to be considered insane under Ford v. Wainwright (1986)? Assess whether or not that evidence can be presented in this case.
  • Do you believe that bringing up the defendant’s diagnosis of autism could have aided in the defense in the sentencing phase? Would the contention that he was mentally slow have helped? Provide rationale for your answers.
  • Identify other aspects of the case not mentioned in the scenario that could benefit the defendant. For instance, consider whether the Supreme Court has found it unconstitutional to apply the death penalty in other circumstances.
  • If you succeed in your appeal, what would be the next steps to occur?

Unit 7 essay criminal law

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Unit VII Essay

In this assignment, you will refer back to the two handouts indicated below and answer the questions associated with them. Both items listed below will be responded to within the same document which you will then submit. The response to each item will consist of at least 200 words each, and any sources used, including your textbook, should be cited and referenced properly at the end of your responses using APA formatting. It is not necessary to copy the items below into your document; however, please compose essays that include an introduction, body, and conclusion.

1. Please review the handout, “Should Cross Burning be Protected,” found in the required reading, and answer both of the following questions:

a. Summarize the decision of the U.S. Supreme Court in both of the cases that are excerpted in the handout. In a few words, explain why the Court, in R.A.V. v. City of St. Paul overturned the decision of the Minnesota Supreme Court. Explain why the Court upheld the Virginia statute in Virginia v. Black.

b. What did the Court mean when it held, in Virginia v. Black, that “just as any State may regulate only that obscenity which is the most obscene due to its prurient content, so too may a State choose to prohibit only those forms of intimidation that are most likely to inspire fear of bodily harm”?

2. Please review the handout, “Does the Sending of Obscene Material,” found in the required reading, and answer all of the following questions:

a. Do you agree that the statute in question applies to computer-generated and computer-transmitted information?

b. Should the government be required to present expert witnesses to establish that the material in question is obscene? Is this a question that a jury can decide on its own? How are jury members aware of “community standards”?

c. If the community standards are different in Milpitas, California, from those of Memphis, Tennessee, why should the defendants be held accountable for the standards in Memphis and not those in the location where the material was transmitted?

d. Are you satisfied with the test for obscenity? In what manner, if any, would you change the standard?

legal underpinnings of business law 7

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Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery, etc.), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, or larceny, etc.)? Defend your response, using at least one example from current events.


 

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Marketing Plan – custom papers – The Nursing TermPaper

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Assignment 2: Marketing PlanDue Week 6 and worth 100 pointsThis assignment consists of two (2) sections: a marketing plan and sales strategy, and a marketing budget. Note: You must submit both sections as separate files for the completion of this assignment.For the first six (6) months your company is in business—to give you time to perfect your product and to learn from actual customers—you will start marketing and selling in your own community, a radius of twenty-five (25) miles from where you live.For most non-alcoholic beverages, marketing (as opposed to the actual product itself) is key to success. Cola drinks, for example, are fairly undifferentiated, as are many energy drinks, juices, bottled water, and the like. Companies producing these types of beverages differentiate themselves and attract market share through marketing and brand awareness—both of which are critical to success.Section 1: Marketing Plan & Sales Strategy (MS Word or equivalent)Write the three to five (3-5) page Marketing Plan & Sales Strategy section of your business plan, in which you:Define your company’s target market. Using information from Assignment 1 for your businessAnalyze the types of consumers who will be drinking your beverage in demographic terms (i.e., age, education level, income, gender, ethnic group, etc.). Support your analysis with actual data on the size of the demographic groups in your local community (nearby zip codes).Outline the demographic information for your company specified on the worksheet in the course text (p. 107 | Demographic Description). Click here for help accessing a specific page number in your eBook.Hints: At American FactFinder (http://census.gov), you will find demographic information on potential consumers in your area. If you are selling through other businesses (such as grocery stores), indicate the number of those businesses in your local area. You will find information about such businesses in your local area at County Business Patterns (http://www.census.gov/econ/cbp/). Check Chapter 2 of Successful Business Plan for more research sources.Assess your company’s market competition.Use the factors listed in the course text graphic (p. 123 | Assess the Competition) to assess your company’s market competition.Defend your strategy to successfully compete against market leaders in your segment.Hints: For example, in the soft drink market, it is intimidating to try to compete against Coke and Pepsi. Newcomers in mature markets typically must pursue niche markets or even create new market categories, as Red Bull did with energy drinks.Defend your plan to differentiate yourself from the competition using the information detailed on the worksheet in the text (p. 131 | Market Share Distribution).Hints: Every business faces competition and the non-alcoholic beverage market is an especially crowded market.Clarify your company’s message using the information provided on the worksheet in the text (p. 160 | The Five F’s).Hints: Before you choose your marketing vehicles, you must determine the message you want to convey through those vehicles.Identify the marketing vehicles you plan to use to build your company’s brand. Justify the key reasons why they will be effective. Provide examples of other non-alcoholic beverage companies that use these tactics effectively.Hints: If you plan to use online marketing tactics, refer to the worksheet in the text (p.171 | Online Marketing Tactics) to aid your response. Remember that even if you’re selling through grocery stores you need to build your brand and social media is a major part of that in regard to beverages. Some of the marketing tactics that beverage companies use include: sampling in grocery stores, building a following on social media, sponsoring events, exhibiting at trade shows attended by retailers, and so on. You will use a combination of these tactics. For example, if you decide to give out samples in grocery stores, promote your sampling on your social media networks and those of the grocery store.Hints: If you are planning to distribute through resellers, describe how you plan to reach them, for example, through industry trade shows or by establishing your own sales force. For information on trade shows, visit the Trade Show News Network (http://www.tsnn.com). You can exhibit or network at these shows.Format your assignment according to these formatting requirements:Cite the resources you have used to complete the exercise. Note: There is no minimum requirement for the number of resources used in the exercise.Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.Section 2: Marketing Budget (MS Excel worksheets template)Section 2 uses the “Business Plan Financials” MS Excel template (see: Course Required Files in Week 1). Use the “Business Plan Financials Guide” (see: Course Required Files in Week 1) to support your development of the Marketing Budget.Complete the Marketing Budget worksheet for your company.Hints: The goal of the marketing budget is to help you determine how much it will cost you to reach your market and achieve your sales goals.Hints: When filling out the “Marketing Budget” worksheet in the Excel spreadsheet:Begin in the current year and complete a marketing budget for the first year of your business. The information you enter in the marketing budget spreadsheet will flow through to your “Income Statement” in the Business Plan Financials.Leave the number at zero (0) for any marketing vehicles you do not intend to use.Remember that all marketing activities involve costs. If social media represents a significant portion of your marketing, assume you will have cost of advertising and that should be reflected on your budget. Even if a social media site charges nothing to use it, you will need to use company resources to manage the site, pay someone to execute your social media marketing campaigns, and will most likely pay for ads on that site.Do NOT leave the “Marketing Budget” blank, assuming you will not have any marketing costs.The specific course learning outcomes associated with this assignment are:Recommend effective business strategies based on an analysis of domestic and global operating environments, market dynamics, and internal capabilities.Analyze competitive positions including foreign market entry and the resulting impact on business strategy.Use technology and information resources to research issues in strategic management.Write clearly and concisely about strategic management using proper writing mechanics.
 
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