The legal profession is a form of public trust Free Essays

The legal profession is a form of public trust which is given only to those qualified enough to uphold the law and assist in the administration of justice. It is a duty of public service which involves sincerity, integrity and reliability, in which pecuniary considerations are a mere by-product, notwithstanding establishing lawyer-client relationships in the highest degree of fiduciary. The lawyer is an oath-bound servant of society whose conduct is clearly circumscribed by inflexible norms of law and ethics to which the ends of justice are the primary considerations. We will write a custom essay sample on The legal profession is a form of public trust or any similar topic only for you Order Now In rendering legal services to his clients, he must observe utmost fidelity to the cause of his client regardless of his personal beliefs on his client’s guilt or innocence, as even the most guilty of all criminals can still avail of the different protections afforded by the law. Sometimes, though, lawyers are faced with legal complications in providing the most adequate defenses for their clients especially when the latter are found to have deliberately violated the laws of the land. These acts do no include justifying circumstances in criminal prosecutions as these are been deemed lawful when convincingly proven in court. The acts contemplated here are acts which are considered, on its face, patent violations of the law bereft of any legal justification. However, these illegal acts do not preclude the rendering of legal services for the protection of their rights. Among the conditions and circumstances that utterly warrant the defense of illegal acts are those which are challenged based on constitutional issues involving the due process and equal protection clauses, and constitutionally-protected freedoms such as free expression and the right to privacy. The due process and the equal protection clauses have been two of the most important protections afforded by the US Constitution to the American people to safeguard them from the unwarranted intrusions of government into the free exercise of their democratic rights. As a result, many previously considered violations of the law were overturned by the US Supreme Court for abridging the due process and equal protection clauses of the constitution, to the extent that entire statutes were declared unconstitutional and taken off the statute books. In the case of Lawrence v. Texas, two gay couples were charged and convicted for â€Å"deviate sexual intercourse, namely anal sex, with a member of the same sex,† (539 U.S. 558) and violating the Texas Penal Code Ann.  §21.06(a), which provides that a person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. The homosexual couple asserted that their conviction was an infringement of the Equal Protection and Due Process Clauses of the Fourteenth amendment, in which the majority opinion answered thus These matters, involving the most intimate and personal choices a person may   Ã‚  Ã‚  Ã‚   make in a lifetime, choices central to personal dignity and autonomy, are central   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   to the liberty protected by the Fourteenth Amendment. At the heart of liberty is   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   the right to define one’s own concept of existence, of meaning, of the universe,    and of the mystery of human life. Beliefs about these matters could not define the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   attributes of personhood were they formed under compulsion of the State.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992) Such homosexual acts in the privacy of a person’s home is subsumed in the concept stated above and their autonomy as persons to decide for themselves the concept of their own existence and meaning must be respected by the Court and the law. While convicted in the lower courts for violating the law, they were vindicated by the ruling of the Supreme Court based on their constitutional challenge. A case that was won based on procedural due process is the case of Tumey v. Ohio in which Tumey was arrested and charged with the unlawful possession of intoxicating liquor at White Oak, another village in Hamilton county, Ohio, on a warrant issued by the mayor of North College Hill. The mayor of the town then proceeded to try and convict Tumey under the existing law. His conviction was challenged based on the pecuniary interest of the mayor in convicting Tumey as he stood to gain from the amount of the costs in each case, in addition to his regular salary, as compensation for hearing such cases. There is, therefore, no way by which the mayor may be paid for his service as judge, if he does not convict those who are brought before him. The US Supreme Court looked favorably on the assertions of Tumey, reversed his conviction, and remanded the case for further trial, due to the utter lack of impartiality in the previous proceedings with the mayor sitting as a judge. This is proof once again that constitutional challenges protect the rights even of persons seen to have deliberately violated the law. In Lanzetta v. New Jersey, the appellants were indicted and convicted under the New Jersey Statute which prosecutes â€Å"any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or any other State, is declared to be a gangster. The US Supreme Court declared the statute unconstitutional for being repugnant to the Fourteenth Amendment as the word â€Å"gang† and â€Å"gangster† is vague such that even those who belong to a group whose objective may be legal may unnecessarily be covered. Hence, due to vagueness, there is no sufficient warning to the public as to what exactly is proscribed by the law. The persons in this case, even if found to be true gangsters in a socio-cultural sense, had their convictions reversed simply due to the vagueness of the law. In the case of In Re Lynch, John Lynch was released from prison that supposedly condemned him for life behind bars as the US Supreme Court found the penalty for this offense of indecent exposure too cruel for such a light offense, relative to more heinous crimes with the same penalty. Lynch was definitely found guilty of his crime, yet the law still afforded him adequate protection despite his offenses when it was challenged based on the constitutional issue of disproportionate punishments which, although not cruel or unusual in its method, it is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity. In New York Times v. Sullivan, the libel suit of L.B. Sullivan against the New York Times did not earn the affirmation of the US Supreme Court as it held that the interest of the public outweighs the interest of any other individual. While the New York Times might, on its face, erred in accurately reporting the facts of the civil rights demonstration involving Martin Luther King, the newspaper cannot be held for its criticisms of the official conduct of public officials.   In this case, the freedom of the press saved the New York Times from settling the multi-million dollar libel suit filed by Sullivan even if the lower courts found them guilty of the offense. In the famous case of Griswold v. Connecticut, Drs. Griswold and Buxton were found guilty of violating 53-32 and 54-196 of the General Statutes of Connecticut and fined $100 each for giving information, instruction, and medical advice to married persons as to the means of preventing conception, notwithstanding examining a married woman and prescribed the best contraceptive device or material for her use. The US Supreme Court reversed their convictions based on a discussion of the penumbra of rights which are formed by emanations from those constitutional guarantees that help give them life and substance. This is shown in past cases wherein, though not directly involved, the right to privacy was upheld. The court, in verbatim even said – The present case, concerns a relationship lying within the zone of privacy created   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   by several fundamental constitutional guarantees. And it concerns a law which, in   Ã‚   forbidding the use of contraceptives rather than regulating their manufacture or    sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a â€Å"governmental purpose to control or prevent   Ã‚   activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of   Ã‚  Ã‚  Ã‚  Ã‚   protected freedoms.† Yet again, the US Supreme Court intervened in expunging responsibility from individuals who were found to be in blatant violation of the existing laws of the land. In all of these, it is patently clear that individuals found to be in deliberate violation of existing laws can still be afforded protection by our system of laws. While many other conditions and exceptions exist to warrant the defense of supposedly erring individuals and groups, the best way of going around the violations of the law is through a sound constitutional challenge before the courts of law, from the lowest courts all the way up to the US Supreme Court. It must be remembered that these are done not only for the sheer obstinacy of defending the cause of the client but also in pursuit of upholding the rule of law, the integrity of the courts and assist in the administration of justice. The duties of the lawyers are not only to prosecute and defend, but also to ensure that justice is done to all those who deserve it. Cases Cited: Lawrence v. Texas, 539 U.S. 558 (2003) Tumey v. Ohio, 373 US 510 (1927) Lanzetta v. New Jersey, 306 US 451 (1939) In Re Lynch, 8 Cal 3rd 410 P. 2d (1972) New York Times v. Sullivan, 376 US 254 (1964) Griswold v. Connecticut, 381 US 47A (1965)    How to cite The legal profession is a form of public trust, Essay examples

Love Letter free essay sample

I love you so much and you Just dont know It. Sometimes I get scared to show It. It feels Like when you come around me my mouth becomes grid-locked and all the words I want to say Just stop. My lips clutter because my love is so strong, and the words that I want to say Just wont be said. Sometimes I want to open up to you and tell you how I feel I guess I am too scared to open up and be real. I know you love me and you have hidden feelings inside too. It seems like it is easier for you to express yourself to me than it is from me to you.Jessica, I love you, and know that I will always have hidden feelings for you. I love you, Baby. Love Always, Marcus Sample #2 Darling Dana, I love you because you make me look forward to each day. We will write a custom essay sample on Love Letter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Youre my life, a dream come true. There are no words to express what I feel for you. There are no songs as beautiful as the music that fills my soul when I hear your voice. There are no roses as lovely as your smile. Nothing moves me like you do. There are no days brighter than the days I spend talking to you on the phone. Youre my light in the darkness. There could never be words strong enough to express my love for you.I love you with my body, soul, and mind. I love you so much Love always, Lakes Sample #3 Sweetie, I love you. I love every little thing about you. I love your cute smile, your magical eyes, and the sound of your voice. I love your gentle touch, and I love the warmth I feel when Im by your side. Complete me. You mean the world to me. You are the best thing that has ever happened to me. You are the one Ive always wished for. I never thought that I would ever meet someone as special as you. I love each and every moment I share with you. Love, Anthony Dear Sweet heart,I love you your the best I cant live without you youre the best thing that has ever happened to me you make my life complete I adore you your my ill angel you make me so happy I need you Yours Michael Honey, Your brown eyes Attractive smile Pretty you are Open to talk Always waving when you see me I want to be with you and only you Love Renamed My, cutie, Because I love you, I wont hurt you, I wont be unfaithful, and Ill be yours , if you let me, Ill give you the key to my heart, I wont let you go, in the dark, because I love you, I want to spend the rest of my life with you. .. Only Yours SeanDear Justine, Love is bittersweet like a honeysuckle.. But sharp like a knife. I comes slow and leaves quick.. Youre told youll never know what love is.. Only because its different every time.. You dont realize that it is love until its gone.. And when its gone it will come back. But only if it wouldnt change.. Love changes like seasons.. It changes because the heart beats stronger as it breaks and heals time after time.. Once broken the heart cant see love as clearly because it has the fear of being broken over again but it also longs for the tenderness that love once brought and will bring again.

Adventures Of Huck Finn Theme Essays - English-language Films

Adventures Of Huck Finn Theme In Mark Twain's Huckleberry Finn, the values of Huck and Jim traveling down the Mississippi River are contrasted against those of the people residing in the southern United States. Twain satirically portrays organized religion and society's morals throughout the novel. The freedom and tranquillity of the river gives way to the deceit, greed and prejudice of the towns lying on the shore of the river, causing them to disguise themselves and keep their identities hidden. These two runaways - one a slave, the other a beaten boy - attempt to build a sanctuary from civilization upon their raft, but the influence of the shore values continue to find their way into the thoughts, actions and feelings of both Huck and Jim, which becomes the major theme of this novel. While traveling down the Mississippi upon the raft, Huck and Jim's sense of freedom subordinated all others. Jim was a "runaway nigger" (Mark Twain, pg. 89) running from the law, yet he was free, while on the raft, to live and think as any white man. According to the rest of society, Huck was dead, murdered and thrown into the Mississippi; but on the raft he was alive. Both lived an idyllic life on the raft and as Huck put it, "...it's lovely to live on a raft" (Ibid., pg. 115). Later, when the Duke and Dauphin came aboard and they agreed to all be friends, Huck was relieved and felt that everybody should "...feel right and kind towards the others..." (Ibid., pg. 121) while living on a raft. Throughout their travels on the raft, honesty, kindness and equality prevailed, but whenever they touched shore, they encountered the deceit, greed, and cruelty of rural Southern United States. The idyllic life on the raft was contrasted with the hatred, cruelty, and distrust felt amongst the inhabitants of the shores of the Mississippi. Two feuding families, the Grangerfords and the Sheperdsons, are a satirized look at the lives of Southerners and of organized religion. The two families had been fighting for thirty years and no one knew the reason. When Huck asked if it was caused by land, Buck Grangerford responded "I reckon maybe - I don't know" (Ibid., pg. 105). Both families very hypocritically took guns to church and discussed with a fervor the sermon reported by Huck to be "all about brotherly love" (Ibid., pg. 106). Twain portrayed Mississippi River society to be a greedy, distrustful civilization in which the values were all twisted and where the church was more of a form of entertainment than a religion. Huck and Jim's 'Eden' upon the raft was breached when two frauds found their way onto it. The Duke and Dauphin were continuously lying, deceiving and taking advantage of others. The influence of these two was the cause of many unwanted encounters with the towns and people along the Mississippi. Huck immediately realized they were "...just low-down humbugs and frauds" (Ibid., pg. 121). When Huck was able to slip away from the Duke and Dauphin and resume his journey with Jim, he revealed his relief when he said it's "...so good to be free again" (Ibid., pg. 197). When the Duke and Dauphin returned, Huck "...wilted right down onto the planks ... and [gave] up..." (Ibid., pg. 198), exposing his dislike of the values which they brought onto the raft. The Duke and Dauphin provide an insight into the lives and values of the shore, and a deep contrast between Jim and Huck and the rest of society. Mark Twain contrasted the values of the shore and the river in a way which positively portrayed the river values and the lives of Huck and Jim, and negatively and often satirically, portrayed the values of rural Southern United States. Twain gave freedom to Huck and Jim and showed that all races of humans share like feelings and should all be treated as equals. Throughout the book Huck contends with the influence of society's values and in the end makes a decision to embrace that of equality.

Lierature and Art essays

Lierature and Art essays Literature and art have led a close and mutually influential relationship through the ages. Literary works have influenced a predominant majority of artists from the great to the lesser and common. Michelangelo is considered by many as the greatest artist of the Renaissance and one whom was also greatly influenced by various literature. He grew up during a period of Enlightenment, which encouraged learning and the development of new ideas. Classical philosophies of Plato and Aristotle were rediscovered and became influential in determining the direction of the philosophy of art. For example, Artistoles Poetics became the basis for writings on the visual arts and also literature, as well as giving rise to ideas about the purpose and creation of art and beauty. Aristotle stated that words and an image have certain similarities. Both imitate (and perfect) nature, and both do so through plot (word) or design (image), both employ narrative devices, and both tell many of the same stories. This idea was employed by Michelangelo who based his works predominately on stories and images from the Bible (his famous fresco of the Creation of Adam for example). Due in part to the fact that a large portion of his work was commissioned by the Church, as well as the popularity of pictures based on the Christian tradition that pervaded the period. The philosophy of art in the Renaissance was based upon certain essential texts such as Leon Battista Albertis Trilogy On Painting, On Sculpture and On Architecture, Marilio Ficinos Commentary on Platos Symposium, Leonardos Treatise and Gerogio Vasars Lives. Michelangelo was influenced by the ideas that surfaced through these works, especially that of Alberti, and followed both him and Leonardo in determining perspective and anatomy. In his...

IT - Security Plan Case Study Example | Topics and Well Written Essays - 1750 words

IT - Security Plan - Case Study Example A computer system must be protected to access it from unauthorized persons. In addition, different methods and techniques are used to protect a computer system from unauthorized access. In this scenario, a security plan consists of rules and measures that will be followed by an organization to ensure the information security (Whitman & Mattord, 2011; Smith & Spafford, 2004; Williams, 2007). This paper is outlines the process of developing a security plan to addresses the security requirements identified by ACME IT Manager and control gaps (security requirements) identified previously by Well-Health Inc. ISSO. This security plan is aimed at identifying the basic security needs for Well-Health Inc. along with other security issues and dangers. This research will also suggest mitigation procedures and measures that can be incorporated to handle and manage the corporate security management. Plan Scope and Purpose Purpose Basically, the information security plans contain a wide variety of guidelines and rules that promote standardized response to some information security issue that can be encountered, as a result facilitating a team of IT experts to instantly recognize what action should be taken in some situation. However, the information security plan should be placed into situation by an enterprise that has a computer and communication network. Though, these procedures and policies are tremendously complicated to plan as well as implement, however sound information security policies facilitate an operation to care-for its data with relative ease (Elemental Cyber Security, Inc., 2012; Whitman & Mattord, 2011). In the previous stages, we have assessed a number of aspects regarding new security controls arrangements, applications, requirements which need to be updated before application of new health care insurance system. This section outlines scope and purpose of the information security plan. The purpose of this security plan is to offer some guidelines and poli cies that could be adopted by ACME IT in case of a disaster. Scope The implementation of an information security plan for ACME IT would be extremely helpful and profitable and beneficial while launching any new information technology project by the Well-Health Inc. The scope of this plan includes offering following capabilities to the ACME IT: Effective data protection Disaster management and handling Application of suitable controls and authentication Enhanced data security Better data quality No breach of copyright Assessment of daily tasks Quality authentication Easy way of working Easy management of the data Less conflicts among data formats Easy data sharing among all division of the corporate Target Application Identification and Description The purpose of applying this security plan is to deal with security issues assessed by ACME IT: Security Issues: Main security issues are: Lack of suitable security policies No enhanced cryptographic modules No record of staff i.e. their c urrent and past employment history No proper mechanism for employees to sign a statement confirming that they have

Britain At The Paris Peace Conference Essay Example | Topics and Well Written Essays - 1000 words

Britain At The Paris Peace Conference - Essay Example The overall outcomes of the Conference have been usually labelled as failure, but such view is not fully correct. On the one hand, the treaties signed during the Paris negotiations did fail to secure peace in Europe in the long-term. On the other hand, the problems facing the negotiating parties at that difficult time were too complicated and often defied effective solutions1. However, the fact that some nations participating in the conference benefited more than others from the conditions of peace can hardly be put in question. Analysis of the key provisions negotiated during the Paris Peace Conference convincingly demonstrates that Britain was one of the participants whom managed to have their requirements satisfied to an acceptable extent. Although the common goal of the leaders involved in the Paris negotiations was apparently to restore peace and stability in Europe, the Conference immediately exposed serious disagreement between the Allies concerning how to threat Germany. The views were highly contradictory with the Big Three leaders balancing between the long-term political benefits of their countries, varying interests of their partners, and the public opinions of their nations. French Prime Minister Clemenceau perceived Germany as a potential threat to stability and peace in Europe, and a threat to security of his country. Therefore, France claimed that Germany was obliged to "cover the costs of restoration of invaded territories and repayment of war debts [and that] a long period of stiff repayments would have the added advantage of keeping Germany financially and economically weak"2. Such claim clearly demonstrated the reasonable fear of France that light penalties would result in rapid recovering and further strengthening of Germany. The Fourteen points of President Wilson reflected his highly idealist and pacifist views on the political developments in Europe: perhaps that is why Wilson failed to convince the Allies accept his moderate position on the economic obligations of Germany. On the other hand, Britain was extremely concerned with the revival and further development of international trade which constituted the cornerstone of the country's economic potency3. Lloyd George understood that Germany ruined by excessively hard economic claims of France and other Allies would seriously undermine marketability of British goods in the European market: "While the British government saw 66 million potential German customers, the French government trembled at the prospect of 66 million German soldiers and possible invaders."4. The British representatives also viewed Germany as a potential "barrier-fortress against the Russians"5 and reasonably considered that only country with healthy economy tied by strongly trade-b ased relationships could effectively fulfil such mission. Evidently, while none of the major players had his interests fully satisfied, the economic provisions of the Treaty of Versailles came closer to satisfying the requirements of British delegation. An exact monetary figure Germany was obliged to pay to the Allies never appeared in the Treaty, and despite the claims of Britain and Germany that the terms of reparations were still too harsh, the truth was "the Treaty of Versailles had left [Germany] largely intact, with a population almost double that of France, and

Language ,culture and knowledge Coursework Example | Topics and Well Written Essays - 2500 words

Language ,culture and knowledge - Coursework Example ould thoroughly explore the importance of language in our society if we want to gain an accurate understanding or appreciation of the social change mechanisms which we observe working all around us. Basically, language is an indispensable element of human communication and is a vital component of all forms of society and culture. It is an open and multifaceted structure that enables change, adaptation, and progress (Agha, 2007). It can be conveyed or passed on in a number of ways—verbally and non-verbally. Language is important to culture and society, with human beings making use of it not only to communicate or express themselves, but also to relate to a specific cultural or social group (Agha, 2007). Language is a medium of expression and enables an individual to take part in community or societal affairs. It may be used as an instrument to build and sustain a democratic society. It is also vital as shared human achievements and continuing expressions of human innovation and creativity. This is supported by the rationale of UNESCO for language conservation that the world’s languages embody a remarkable fortune and array of human ingenuity (Agha, 2007). They comprise and convey the overall traditions and wisdom cultivated over time through rituals and heritage passed on through native languages. In essence, our culture and society are preserved or continue to exist because of language. I have heard the programme of UNESCO and strongly agree to their efforts to preserve the world’s languages because, as already mentioned, language is the vessel and the medium of traditions that uphold culture and society. Furthermore, language can create opportunities, facilitate social mobility, and endow power. Some scholars compellingly claim that in several aspects, language is power. A society’s linguistic status generally reveals its power structure, since language is a potent mechanism of social control. In my experience, it is true that those speakers of minority