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Saturday, July 12, 2014

Argumentative Essay against Violence in Video Games


Arguments against Violent Video Games

            One of the arguments that continue divide society corresponds to the connection between youth violence and violent video games. On one hand, supporters continue to emphasize how the use of this platform induces deviant behavior. On the other, critiques continue to highlight inconclusive evidence to showcase connections both in the short and long term. Arguably, the arguments connecting violent video games to youth violence remains to be flawed and inconsistent due to its inability to provide sufficient evident to support the claim, lack of statistical data to back the claims and the potential benefits that can be gained from playing violent video games.

            The most apparent criticism concerning violent video games contribute to youth violence comes from the lack of sufficient evidence to support such claim. Supporters of the argument continue to mention how children exposed to violent video games have a high tendency to commit deviant behavior. However, this contention remains to be flawed and suffer from either tampered measures or inconsistent ways to assess behavior. Arguably, this fixation towards violent video games fails to provide appropriate justification as to the long term impact to the youth as well as a bigger challenge happening in society today. Shaw in her argument provides that, “these games only exist in the first place because society already glorifies violence and facilitates the creation, distribution, and purchase of such games” (1). This quote goes to show that violent video games are not the cause but one result of man’s inclination to violence and conflict.

             Statistical data also challenges the connection between violent video games and youth violence. Rather than demonstrating the youth to be inclined to violence due to video games, the numbers provide an alternative view of the situation. Shaw argues that, “despite the growing global popularity and engagement with incredibly violent videogames and extreme media portrayals of violence, violent crime rates in many Western countries have actually been falling over the last decade” (1). Equally valuable to point out is that there are other correlations surrounding violent video games that have limited connection to condition such as anti-social behavior. Romeo Vitelli in his article contends that, “while psychological studies designed to correct for these problems continued to show a link, other studies turned up no relationship at all between video game violence and antisocial behavior in children” (1). All these challenge the notion of supporters claim that numbers support violent video games and youth violence.

            Lastly, critics also contend how violent video games remains to be a good avenue for people to understand the repercussions of this behavior. Here, players are able to recognize the challenges and consequences of violence in a virtual world. This in turn equips them with the right familiarity of how the environment works and the necessity of preventing this to happen in real life. ProCon.org contends that “violent games also allow youth to experiment with issues such as war and death without real world consequences” (1). Having a good idea of what this means enables players to learn valuable information of the outcomes of violence and also take into consideration the importance of rules in the maintenance of peace and order.

            In summary, the arguments presented illustrate the arguments against the claim that violent video games promote youth violence. Here, the lack of sufficient data, contrasting numbers and the potential impact of violent video games offer ways to show how the supporting claims remain to be flawed and inconclusive. Though there continues to be a divide that exists between defenders and critiques of violent video games, it clearly demonstrates the reality that this issue remains to showcase the nature of violence and the social constructs that have shaped its manifestation through violent video games.

Works Cited

ProCon.org. Do Violent Video Games Contribute to Youth Violence. 10 Mar. 2014. Web.
Accessed 28 June 2014.
Shaw, Julia. ‘Time to rethink the video games and violence debate’ CNN World. 5 Dec. 2013.
Web. Accessed 28 June 2014.
Vitelli, Romeo. ‘Can Video Games Cause Violence?’ Media Spotlight. 1 Apr. 2013. Web.

Accessed 28 June 2014. 




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Tuesday, July 8, 2014

Plessy v. Ferguson Case Brief


Plessy v. Ferguson Case Brief

Facts
The State of Louisiana, in its acts of 1890, c.111. required railways companies operating in that State to provide equal but separate coach accommodations for white and colored Americans. Such a separation would be facilitated by either the procurement of separate passenger coaches or the use of a partition to “secure separate accommodations” for the two aforementioned groups of people. It was further stipulated in the said acts that no person of any race would be allowed to occupy seats in coaches other than those allotted to them. Train officers were conferred the power to refuse accommodation to passengers whom refused to occupy the compartment assigned to them, and who thereby violated the said acts. Railway companies in the state exempted themselves from liability; claiming an absence of conflict between these rules and the Thirteenth or Fourteenth Amendment of the Constitution of the United States. A fine or imprisonment was deemed the penalty for violating these acts.

The petitioner, Plessy, was a citizen of the United States and a resident of the State of Louisiana. He was of mixed descent, specifically seven-eights Caucasian and one-eights African. According to his sworn statement, the mixture of colored blood was not discernible in him and he claimed to be entitled to “every recognition, right, privilege and immunity secured to the citizens of the United States of the white race by its Constitution and laws.” On June 7, 1892, Plessy purchased a first class passage ticket on the East Louisiana Railway. He took a vacant seat in the coach that was allotted for passengers of the white race but was thereupon required by the conductor to vacate the said seat and transfer to the coach allotted for those of colored persons. This was done with the aid of a police officer. Upon his refusal, he was then forcibly ejected from the said coach and was imprisoned in the parish jail of New Orleans. He was charged of criminally violating an act of the General Assembly of the State. In response, Plessy questioned the constitutionality of the said act under which he was being prosecuted.

Procedural History
The United States Supreme Court authored the opinion.

Issue
The constitutionality of the acts of the General Assembly of the State of Louisiana approved July 10, 1890.

Rule/s
Every exercise of the police power must be reasonable, and extend only to such laws which are enacted in good faith for the promotion of the public good, and not for the annoyance or oppression of a particular class.

Application
The Court, in applying the concept of the reasonableness of the application of the police power of every state, deemed that such a rule must be applied with deference to the discretion on the part of the legislature that exercises such powers. According to it, the reasonableness of a law can be measured based on the existing norms, customs, and culture of the people where it is enacted. Together with this, such laws must also always take into consideration the comfort of the community, with the bigger goal of preserving the public peace and order.
The Court was of the opinion that the State reasonably exercised their sound discretion in creating the acts in question. The Court likewise mentioned that like in similar acts of Congress in various states, such as the requirement of separate schools for colored and white children in various districts, the said acts cannot be said to be unreasonable or unconstitutional. It was noted that the constitutionality of such similar acts have not been challenged, and thus, the acts in question must likewise not be challenged.  

Conclusion

The Court found that the relevant acts of the State of Louisiana were not unreasonable. The judgment of the lower court was affirmed and Plessy was imprisoned.


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Saturday, July 5, 2014

Dred Scott v. Sandford Case Brief


Dredd Scott v Sandford Case Brief
Facts
In the year 1846, an African American slave named Dred Scott sued for his and his wife’s freedom in one of the city courts in St. Louis. Dred Scott and his wife had been previously taken by his owners to live in the free States of Illinois and Winconsin, but they subsequently moved back to Missouri, a slave state.
Chief Justice Roger Taney, a firm supporter in the concept of black slavery penned the decision against Dred Scott, citing various reasons to propagate slavery.

Procedural History
The case was filed at the city court of St. Louis but was subsequently brought up to the Supreme Court of the United States for decision.

Issue
The issue was whether or not Dred Scott and his wife could obtain their freedom based on the existing laws.

Rule/s
In the time of Dred Scott, laws were blatantly against slaves. There were no laws which granted them freedom, rights, and any sort of equality with the white Americans.

Application
Upon the conclusion of the Dred Scott case, Chief Justice Roger Taney declared to everyone that all blacks never could and never would be citizens of the United States. This was regardless of whether they were free or not. Taney attacked the very validity of the suit brought by Dred Scott, claiming that as a black slave – free or not – Scott had no right to sue seeing as he was not a citizen of the United States. Taney penned a lengthy decision which detailed all the various reasons why and how blacks were and could never be citizens of the United States. He even cited the creation of the Constitution of the United States. He said that the grant of citizenship to everyone did not ever include the blacks as they were not members of the exclusive peoples who formed part of the new political body and country. He further claimed that it was never in the contemplation of the authors of the Constitution to include the class of people who were merely imported to become slaves. Their descendants were likewise not extended the privileges of citizenship.

He further went on to state that African Americans were beings that have always been regarded as an inferior race in terms of social and political standpoints. No “negro” should ever be afforded respect as they had never had any rights in the first place.

More insultingly, Taney concluded that the suit filed by Dred Scott was not to even be considered as a suit of citizens from different states as Scott himself was not even deemed fit to be a citizen. He dismissed the case by reason of the lack of jurisdiction of the Court.

In addition to this decision on the case of Dred Scott, Taney also declared that the Missouri Compromise was unconstitutional. It was stated that Missouri could not be declared as “free territory” because the said action was not within the powers of the Congress. According to the Court decision, the power of the Congress to create and obtain territories was only limited to the territories in the Northwest. Furthermore, it was claimed that the deprivation of the ownership of slaves of white folk was a violation of the Fifth Amendment and therefore, allowing slaves to obtain freedom in “free” states was illegal as well.

Conclusion

The case of Dred Scott is known today as one of the most racist and unjust decision ever to have been made by the United States Supreme Court. Indeed, it is only considered today as dictum and absolutely not binding upon the courts and existing legal system.


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Gideon v. Wainwright Case Brief


Gideon v Wainwright Case Brief
Facts
A burglary occurred at the Bay Harbor Pool Room early in the morning on June 3, 1961. There were no eyewitnesses who saw the face of the burglar. However, later on that same day, a witness made a report that he had seen the defendant, one Clarence Gideon, lurking around the said poolroom at around 5:30 that same morning. He was said to have on his person money and a wine bottle. By virtue of this statement, Gideon was arrested and charged. On his appearance in court, he was without counsel due to the fact that he was poor and unable to afford one. He requested to be afforded counsel but was denied. According to the records, the court denied him counsel because under Florida laws, counsel would only be provided to an indigent defendant only if he had committed a capital offense. As Gideon was charged with mere breaking and entering with intent to commit petty larceny, he did not qualify. Because of this and despite his complaints, Gideon was forced to represent himself during his trial. He was adjudged guilty of the crimes he was accused of.  He was sentenced to 5 years of imprisonment by the State Supreme Court.

However, during his stay in prison, Gideon was able to send out a letter of appeal to the United States Supreme Court, relating how he was denied counsel. He contended that his Sixth Amendment rights had been violated. He likewise filed a suit against the then Secretary of the Florida Department of Corrections for this event.

Procedural History
The case was filed at a Florida State Court and was decided upon by the United States of America Supreme Court.

Issue
The issue is whether or not the denial of counsel to an indigent client in a criminal trial is violative of the Fourteenth Amendment.

Rule/s
Due process is a right guaranteed to the accused by the Sixth Amendment.

Application
Due process is essential if any accused is to have a fair trial. This concept is supported by the Sixth Amendment which provides that in all criminal trials, the accused shall have the assistance of counsel for his defense. The Court emphasized that in application, this right is and should be available to everyone. The right to counsel may only be dispensed with if it is competently as well as intelligently waived by the accused himself.

In relation to the case of Gideon, the Court deemed that State courts are no exception to this rule, no matter what policies they may happen to have in place. Although States are not obliged by the law in concrete phraseology, such a concept is regarded as so intrinsic, so fundamental, and so basic that it is something automatically applicable to anyone and everyone without any exceptions. It should not have been denied from Gideon no matter the status of his case.

In applying the aforementioned rule in this case, the Court, in effect, overthrew the prevailing doctrine that was established in the case of Betts v Brady which had provided that a court appointed attorney was not essential to criminal proceedings except in extreme, complicated, or unusual circumstances. It set a new standard and established that indeed, Gideon was wrongfully denied of his rights and he was unfairly adjudged.

Conclusion

It was established in this case that the right of an indigent defendant to have the assistance of counsel in a criminal case is indispensable for a fair trial to commence. A trial and conviction without the assistance of counsel, as in this case, is violative of the Fourteenth Amendment.


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Marbury v. Madison Case Brief



Marbury v Madison Case Brief
Facts
William Marbury, the petitioner, was a Justice of the Peace in the District of Columbia. He was appointed by then President John Adams around the end of the latter’s term. However, when the new administration came into place, he was not granted his commission. Because of this, he brought his petition to the Supreme Court to force one Secretary of State, James Madison, to produce the documents that he required. He sued for a writ of Mandamus.

Marbury was of the opinion that the Supreme Court indeed had jurisdiction on the said issue. He claimed that Secretary Madison had violated federal as well as constitutional rules by not rewarding him with the commission he was entitled to, and he also claimed that a writ of Mandamus was the right legal remedy for his concern.

Procedural History
This case was brought directly to the Supreme Court. The United States Supreme Court decided on this case.

Issues
1. Was the act of denying Marbury of his commission by the new administration violative of any laws or statutes?

2.  Was a writ of Mandamus the proper action to take for Marbury?

Rule/s
On the first question regarding the presence of a violation of the rights of Marbury, the Court simply established whether or not he had indeed been properly appointed by the former President. This would determine whether or not he had a vested right that had been violated.

On the second question regarding the propriety of the filing of a writ of Mandamus, the court established the elements required before such could be granted and then compared such to the case of Marbury. It also borough up the issue of the Court’s jurisdiction.

Application
The issue of whether or not Marbury had a right to demand the delivery of the commission in question was determined by the Court by first determining the validity of his appointment to the office. The Court examined the pertinent articles of the Constitution in relation to Marbury’s appointment to his office and found that his appointment lied in the sole discretion of the president. Since Marbury’s commission was signed by the president and subsequently sealed by the secretary of state, it is well-established that he was indeed entitled to the commission under question.

The Court then defined a writ of Mandamus and likewise enumerated some of its essential requirements. Simply put, the Court defined a writ of Mandamus as a command which is issued by the highest authorities when a person is deprived of his lawful rights and or possessions and he has no other legal means to prevent such from occurring. Such a writ is an order to a third party to do something which pertains to his office and assigned duty which was previously conferred upon him by the same authority. It may also be an order which, although not pertaining to the specific duties of an individual, is for the furtherance of justice and equity. In simpler terms, such a writ must be directed to a person in authority, and the aggrieved party must not have any other legal remedy available to him.

Using the abovementioned criteria, the Court decided that indeed, Marbury was entitled to demand that a writ of Mandamus be issued.

However, on the question of jurisdiction, the Court was in conflict. A legislative act, the Judiciary Act of 1789 gave it jurisdiction to grant Mandamus; on the other hand, the Constitution did not.

Conclusion

It was established in this case that the Supreme Court did not have proper jurisdiction to issue a writ of Mandamus. Corollarily, it likewise declared the Judiciary Act of 1789 unconstitutional.


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New York Times Co. v. Sullivan Case Brief



New York Times Co. v Sullivan Case Brief
Facts
The plaintiff was a Commissioner of Montgomery, Alabama. He filed a case because he claimed that he had been defamed through an ad on the newspaper. More specifically, he claimed that a full-page advertisement that was placed in the New York Times was referring to himself. It should be noted, though, that there was no particulars in the ad that would point to him specifically. Even the publishers at the New York Times made a statement that, in effect, told Sullivan that they had no idea why he would think that it was him at all. They, in effect, told him that it was not about him. They even invited him to let them know which parts of the advertisement he presumed to be pertaining to him. It is of note as well that some of the details in the advertisement were admittedly false.

The Commissioner demanded that the advertisement be revoked, but the jury was of the opinion that the ad, although libelous intrinsically, was not to be retracted since there was no proof of the malicious intent of the creator. Because of this, the defendant Commissioner made an appeal to the Supreme Court.

Procedural History
The case was started at the Alabama Supreme Court and was decided upon by the United States of America Supreme Court.

Issue
The issue was whether or not a public officer can recover damages from libelous statements in relation to his official conduct.

Rule/s
The Constitution bars public officials from recovering damages for statements that are defamatory in character but which are made in relation to their official conduct. The exception is if it is proven that such statements were uttered with an actual knowledge that such words were false and were still deliberately said.

Application
The press is and should be free. The concept of freedom of expression is embodied by the press. These are guaranteed by both the First as well as the Fourteenth Amendments of the Constitution. In this case, the Court examined the definition of a libelous publication per se. It stated that a publication is libelous if it tends to cause injury to person in various aspects as in his reputation. It is also libelous if it is intended to cause public contempt towards the person in question.

The Court established that errors in statements should not be so closely examined as to nitpick and be to scrutinous.it is but human nature to make mistakes. The freedom of speech is very important for the creation of a free society and thus must be preserved at all costs.

The Court stated that in support of the aforementioned Constitutional guarantees of freedom of speech, it is important that there be created federal laws which prohibits the very wrong that the petitioner wishes to accomplish. The press must be protected in this case. There should be enactments which will prevent a public official for suing and or recovering damages for having been subjected to a defamatory statement or falsehood but which are in relation to their line of duty. It was established that there could only be an award or recovery of damages if and only if there is evidence of the publisher or speaker having made such statements with deliberate malice or if there is a blatant disregard of the veracity of the statements.

Conclusion

The Court, in this case, upheld the freedom of the speech of the press and preserved the right of the press to criticize those who are public officials as long as there is no malice is actively involved.


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Friday, July 4, 2014

Essay on Watershed Moments in History


Essay Question: Historians sometimes speak of \"watershed\" moments in history. These are critical turning points that signaled an important and permanent change of historical fortunes. Do you think there are \"watershed\" moments between the  American Civil War and the war in Vietnam? Please discuss and analyze their historical importance. Please defend your choices with specific examples that justify your belief that an important change took place.

Essay on Watershed Moments in History

            Watershed moments or events are the moments or events in history that are so important that they changed the course of history forever.  These are important and monumental events that can be considered as the turning point in human history.  It can be argued that without these events, therefore, no significant change would have been enough to alter history. 

One of the watershed moments in history was World War II.  World War II is known as the war among the Allied versus the Axis countries.  The Allied countries were the United States, USSR and the Great Britain which fought against Italy, Germany and Japan.  Historically speaking, World War II is known as the most devastating wars because it claimed more than 60 million human lives, six times that of World War I (Strayer 1008).  World War II also initiated the use of technology in warfare which was so precise that it could hit targets from miles away.

One of the reason why World War II can be considered as a watershed moment in human history is that it significantly altered the world order.  Before World War II, England and France were the superpowers with colonies extending as far as Asia.  Serious casualties during World War II left these two countries impoverished and unable to match the rising powers such as the United States.  “As the war ended, Europe was impoverished, its industrial infrastructure shattered, many of its great cities in ruins, and millions of its people were homeless or displaced.” (Strayer 1009) With the weakening of these countries, their colonies took advantage by fighting these colonizers and demanding their freedom.  Nationalist and anti-colonial sentiment caused the people in their colonies to unite together to fight what they perceived as abusive tyrants. As a result, Great Britain and France lost control of their colonies.  

More importantly, World War II saw the rise of the United States as a new super power.  After beating Japan, it came to the realization that military development is one of the key areas in ensuring that it maintains its new status.  Substantial economic development after the war helped stimulate its economy and become a superpower together with the USSR which was at that time extending its grip in Europe and Asia.

The World War II also helped boost the USSR as a superpower.  After beating Germany which has extensive plan to dominate Europe, the USSR continued its expansion throughout Europe and Asia which caused concerns from the United States.  This led to a period in history which is known as the Cold War because though these counties never truly declared war against its each other directly, they had their missiles pointed at each other.  Moreover, both countries were making sure that each other’s ideology does not extend further.

Cited Works

Strayer, Robert.  Ways of the World: A Brief Global History.  Boston: Bedford, 2013.


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