"AS I have suggested elsewhere, clarifying and expanding the Eighth Amendment could help. It should specifically state that excessive terms of incarceration are prohibited, just as it bans excessive fines. It should expressly prohibit mandatory sentences so that every case gets the benefit of individualized attention by a judge. And it should insist that legislatures create a record showing that they considered empirical evidence about the law's likely impact. "
This article written by Rachel E. Barkow was very clear on how she felt about the eighth amendment. She would like for the eighth amendment to be reevaluated and expanded so it can help out individuals whom are given sentences for their crime.She is against mandatory sentences because she believes people who are being sentenced should be given individual attention by a judge and given thought about their case in order to give the right sentence.
I chose this paragraph because she was very clear about the changes she would like to see happen with the eighth amendment. The author believes in liberty and equality and making this simple change can affect many peoples lives in a positive way. in another paragraph she even states how the eighth amendment states that it bans cruel and unusual punishment but she strongly believes this contradicts what the eighth amendment is actually doing. I completely agree with Rachel and I think if taken into considerations a lot of changes may occur.
Saturday, October 10, 2015
Sunday, October 4, 2015
The Federalist NO 10
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them. Yet the parties are, and must be, themselves the judges; and the most numerous party, or, in other words, the most powerful faction must be expected to prevail. Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures? are questions which would be differently decided by the landed and the manufacturing classes, and probably by neither with a sole regard to justice and the public good. The apportionment of taxes on the various descriptions of property is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party to trample on the rules of justice. Every shilling with which they overburden the inferior number, is a shilling saved to their own pockets.
I found this article interesting in many ways. It states how a person cannot basically choose his own fate when it comes to court. A person may not properly be able to see his/her own fault. When a trial goes on a group of people, citizens, are chosen to make a decision.
The specific part that states "but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine?" Is what caught my eyes. To be honest with all of the crimes going on in today's world, the opinion of the jurors truly matters. Not only the jury but the judge final decision impacts the life of the person who is on trial and who's fate is being decided. A lot of unfair decisions goes on and many people suffer because of this. In my opinion people who are chosen to be a juror may not always reach the right decision.
I found this article interesting in many ways. It states how a person cannot basically choose his own fate when it comes to court. A person may not properly be able to see his/her own fault. When a trial goes on a group of people, citizens, are chosen to make a decision.
The specific part that states "but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine?" Is what caught my eyes. To be honest with all of the crimes going on in today's world, the opinion of the jurors truly matters. Not only the jury but the judge final decision impacts the life of the person who is on trial and who's fate is being decided. A lot of unfair decisions goes on and many people suffer because of this. In my opinion people who are chosen to be a juror may not always reach the right decision.
Saturday, September 26, 2015
Randolph Bourne,
"We are all foreign-born or the descendants of foreign-born,and if distinctions are to be made between us, they should rightly be on some other ground than indigenousness. The early colonists came over with motives no less colonial than the later. They did not come to be assimilated in an American melting pot. They did not come to adopt the culture of the American Indian. They had not the smallest intention of 'giving themselves without reservation' to the new country. They came to get freedom to live as they wanted to. They came to escape from the stifling air and chaos of the old world; they came to make their fortune in a new land. They invented no new social framework. Rather they brought over bodily the old ways to which they had been accustomed. Tightly concentrated on a hostile frontier, they were conservative beyond belief. Their pioneer daring was reserved for the objective conquest of material resources. In their folkways, in their social and political institutions, they were, like every colonial people, slavishly imitative of the mother country. So that, in spite of the 'Revolution,' our whole legal and political system remained more English than the English, petrified and unchanging, while in England law developed to meet the needs of the changing times." http://www.theatlantic.com/magazine/archive/1916/07/trans-national-america/304838/
This paragraph brought a sense of comfort to me. I actually agree with what it has to say about the American melting pot and what happens when more then one culture comes together. Most of us are not from here and are mostly foreigners. It states how colonist did not come to adopt the american Indian culture but to also embrace theirs. A part of coming to America is to come as we are, whether accepted or not. Many came to find relief from their old lifestyle. "To make fortune in a new land" as the paragraph states is something that can be a priority as well.
I found it amusing how the paragraph states how the English stayed more English while being petrified and unchanging and those who were in England developed needs of changing time. I can see the correlation to our time right now. Many people from different culture come here and try and stay close to their culture and beliefs, while those back at home are trying to open their minds to change. This paragraph stands out to me because of what is going on now in America. Many people come and place a piece of their culture and beliefs, whether it was intentional or not, to America. America is a place that can bring opportunity regarding working and can also be a better living situation compared to the olf life foreigners had.
This paragraph brought a sense of comfort to me. I actually agree with what it has to say about the American melting pot and what happens when more then one culture comes together. Most of us are not from here and are mostly foreigners. It states how colonist did not come to adopt the american Indian culture but to also embrace theirs. A part of coming to America is to come as we are, whether accepted or not. Many came to find relief from their old lifestyle. "To make fortune in a new land" as the paragraph states is something that can be a priority as well.
I found it amusing how the paragraph states how the English stayed more English while being petrified and unchanging and those who were in England developed needs of changing time. I can see the correlation to our time right now. Many people from different culture come here and try and stay close to their culture and beliefs, while those back at home are trying to open their minds to change. This paragraph stands out to me because of what is going on now in America. Many people come and place a piece of their culture and beliefs, whether it was intentional or not, to America. America is a place that can bring opportunity regarding working and can also be a better living situation compared to the olf life foreigners had.
Chesterton - What I Saw In America
"But citizenship is still the American ideal; there is an army of actualities opposed to that ideal; but there is no ideal opposed to that ideal. American plutocracy has never got itself respected like English aristocracy. Citizenship is the American ideal; and it has never been the English ideal. But it is surely an ideal that may stir some imaginative generosity and respect in an Englishman, if he will condescend to be also a man. In this vision of moulding many peoples into the visible image of the citizen, he may see a spiritual adventure which he can admire from the outside, at least as much as he admires the valour of the Moslems and much more than he admires the virtues of the Middle Ages. He need not set himself to develop equality, but he need not set himself to misunderstand it. He may at least understand what Jefferson and Lincoln meant, and he may possibly find some assistance in this task by reading what they said. He may realise that equality is not some crude fairy tale about all men being equally tall or equally tricky; which we not only cannot believe but cannot believe in anybody believing. It is an absolute of morals by which all men have a value invariable and indestructible and a dignity as intangible as death. He may at least be a philosopher and see that equality is an idea; and not merely one of these soft-headed sceptics who, having risen by low tricks to high places, drink bad[Pg 18] champagne in tawdry hotel lounges, and tell each other twenty times over, with unwearied iteration, that equality is an illusion." http://www.gutenberg.org/files/27250/27250-h/27250-h.htm
My interpretation of this paragraphs is that being a part of a community is looked highly in the american culture, or "dream". Some are able to agree on this dream and one's who oppose are simply not questioned. The English community do not focus on this idea but it does bring comfort to an Englishman to know that there are options. These opportunities are viewed in a respectful manner. Overall the paragraph speaks about equality and how it is talked about and in his eyes it is just an idea, a simple illusion given to create idolization of a better place. He referred it as a fairy tale which was very interesting to me.
I chose this paragraph because I believe that this belief system, in some sense, is still accurate. America is the land of "the free" and it is a place people come to have their american dream. Part of that dream for many is to become better and like this many doors will "open" for those who are citizens. It is believed that there is equality. When we look at what was stated in this article over many years ago and even in today's world, can we truly define equality and freedom in America? Like it was stated, in a way it is a fairy tale for some. Even if there is a chance people become a part of the American dream, and community; or even considered equal, there are many small obstacles that will still restrain us from true growth. I think it's important to know what comes with what we desire; of course the good and the bad should always be considered when trying to do better for one self.
My interpretation of this paragraphs is that being a part of a community is looked highly in the american culture, or "dream". Some are able to agree on this dream and one's who oppose are simply not questioned. The English community do not focus on this idea but it does bring comfort to an Englishman to know that there are options. These opportunities are viewed in a respectful manner. Overall the paragraph speaks about equality and how it is talked about and in his eyes it is just an idea, a simple illusion given to create idolization of a better place. He referred it as a fairy tale which was very interesting to me.
I chose this paragraph because I believe that this belief system, in some sense, is still accurate. America is the land of "the free" and it is a place people come to have their american dream. Part of that dream for many is to become better and like this many doors will "open" for those who are citizens. It is believed that there is equality. When we look at what was stated in this article over many years ago and even in today's world, can we truly define equality and freedom in America? Like it was stated, in a way it is a fairy tale for some. Even if there is a chance people become a part of the American dream, and community; or even considered equal, there are many small obstacles that will still restrain us from true growth. I think it's important to know what comes with what we desire; of course the good and the bad should always be considered when trying to do better for one self.
Power
In a modern setting, the media plays an important role in determining "key issues." Simply by reporting on certain issues or focusing on certain aspects of issues the media gives the impression that these are the important issues. To properly analyze power requires you to investigate how issues are framed, what is excluded, and most importantly who benefits from this. Only once this step has been taken can you analyze power in the way described by pluralists.
This particular paragraph caught my attention because of how it was able to break down the perspective of power. Power is able to change ones image, mind and thoughts on a certain issue and persuade people into thinking right from wrong. It states To properly analyze power requires you to investigate how issues are framed, what is excluded, and most importantly who benefits from this. my interpretation would be that in order to understand power we have to understand what is given to us and how it is given to us. We, people without power, have to do our research and fill ourselves with knowledge as well as realizing who benefits from the truth and the lies that is given to us,
The whole article on Power was very interesting. As I was reading the different points of view I said to myself, I must see power in a completely different light. As a minority power in my eyes cannot only be someone above me but being able to make a change in a blink of an eye. This of course is a form of power. I chose this paragraph because I agree with what it says. The media does portray one thing, when in fact the issue of power is something different. When we look at the minority population, can we say we are powerless? or powerful? Truth is if everyone comes together and realize that as a whole we are able to be strong and make changes we can be able to overcome different obstacles and get what we want. I think it is important to understand true power.You see people in power, which are a small portion, know that the minority group is pretty large compared to them, now I'm talking in general. Of course being fearful of what the minority group might do, people in power portray false information in order to keep a sense of control. We have to understand that once there is no control there is no power over peoples actions and what they do becomes unpredictable.
This particular paragraph caught my attention because of how it was able to break down the perspective of power. Power is able to change ones image, mind and thoughts on a certain issue and persuade people into thinking right from wrong. It states To properly analyze power requires you to investigate how issues are framed, what is excluded, and most importantly who benefits from this. my interpretation would be that in order to understand power we have to understand what is given to us and how it is given to us. We, people without power, have to do our research and fill ourselves with knowledge as well as realizing who benefits from the truth and the lies that is given to us,
The whole article on Power was very interesting. As I was reading the different points of view I said to myself, I must see power in a completely different light. As a minority power in my eyes cannot only be someone above me but being able to make a change in a blink of an eye. This of course is a form of power. I chose this paragraph because I agree with what it says. The media does portray one thing, when in fact the issue of power is something different. When we look at the minority population, can we say we are powerless? or powerful? Truth is if everyone comes together and realize that as a whole we are able to be strong and make changes we can be able to overcome different obstacles and get what we want. I think it is important to understand true power.You see people in power, which are a small portion, know that the minority group is pretty large compared to them, now I'm talking in general. Of course being fearful of what the minority group might do, people in power portray false information in order to keep a sense of control. We have to understand that once there is no control there is no power over peoples actions and what they do becomes unpredictable.
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