Saturday, December 28, 2019

U.S. Prison Costs Essay example - 1610 Words

U.S. Prison Costs After reading the essay, â€Å"A Homemade Education,† an autobiography of Malcolm X, I became quite curious about how many dollars America spends toward the prison system and how it affects our society. The autobiography itself covers how Malcolm X gained a homemade education simply by reading books while serving time in prison. He claimed, â€Å"I don’t think anybody ever got more out of going to prison than I did†¦prison enabled me to study far more intensively†¦sometimes as much as fifteen hours a day† (35). There may be privileges of being sent to prison as one can sit and read books, but the cost of keeping prisons running outweighs the benefits. According to the article Pew Center, the United States has 5 percent of the†¦show more content†¦The second major key cost driver is payment for the officers who patrol cellblocks; especially to those who work overtime. Overtime costs in California â€Å"topped half a billion dollars in 2006 , with 15 percent of the corrections workforce earning at least $25,000 in overtime that year† (Pew Center). Based on the same article there were six employees who earned more than the $212,179 annual salary set aside for Gov. Arnold Schwarzenegger. To help the state from struggling to keep its 33 prisons staffed, Gov. Arnold proposed releasing more than 22,100 inmates before their terms are up. His proposal would save the state $1.1 billion. The graying of the nation’s inmates is also an issue which continues to swell the cost of health care within the prison. According to the Pew Center, â€Å"†¦between 1992 and 2001, the number of state and federal inmates aged 50 or older rose from 41,586 to 113,358.† Older inmates are gradually making up a larger proportion of the overall count. While one may say that aging decreases criminal activity, such as those that result from communicable diseases mentioned from the previous paragraph, there are many more factors that should be considered. One problem is that older inmates are often preyed upon by younger, stronger inmates; therefore, older inmates may require special housing. Hearing and visualShow MoreRelatedEssay on Criminal Rehabilitation in the United States Justice System1640 Words   |  7 PagesNationally, every 7 minutes, another person enters prison. And every 14 minutes, someone returns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National CriminalRead MoreEffects Of Prison Overcrowding907 Words   |  4 Pagesmore time during the day. (Prison overcrowding is a growing concern in the U.S.) With a huge population of prisoners to manage, it is also difficult for that many prisoners to shower properly (McLoughlin). Another problem is that there is less time to eat per prisoner. The cafeteria must feed a huge population and must limit the time that each prisoner has to eat in order to move more people through the line efficiently. (Prison overcrowding is a growing concern in the U.S.) Additionally, there isRead MoreThe Incarceration Of Drug Offenders894 Words   |  4 PagesIncarceration of Drug Offenders Another major subset in the overall prison population in the U.S. is the growing rise in incarceration rates of drug offenders. Professor Blumstein notes that when considering the growth of incarceration rates by specific type of crime, such as murder, robbery, assault, burglary, drugs, and sex offenses during the two decades from 1980 to 2001, the single most important result was that the prison rate for drug offenders increased by a factor of 10; moreover, theseRead MoreIncarceration Of Americ The United States1487 Words   |  6 PagesIncarceration in America The United States has the largest prison population in the world. The U.S.’s path to our over population has been decades in the making. â€Å"The United States makes up about 4 percent of the world’s population, and it accounts for 22 percent of the world’s prison population.† (Lopez). Prison over population is a growing concern within our society creating and contributing factors include longer sentences, rising costs, prison gangs, rapes, racism and mental health issues. As theRead MoreSolving The Problem Of An Aging Prison Population1250 Words   |  5 Pages Solving the Problem of an Aging Prison Population Joshua N. Handy American Military University Abstract The American correctional system is facing many emerging issues. One of these issues is the exponential increase in aging offenders. In the past few decades, the number of geriatric offenders incarcerated has multiplied at an increasing rate. This essay addresses the issue of aging offenders in the correctional system; the problems that these offenders create and the underlying issuesRead MoreIllegal Immigration Should Not Be Illegal1722 Words   |  7 Pagesthey have been showing up illegally. There has been the same amount of opportunities as there are obstacles to overcome. Immigration at the U.S. and Mexican border has been a hot topic for decades now. Illegal immigration has not completely shown positive or negative effects on the economy, but more of a combination of the two. Illegal immigrants come to the U.S. to seek for better jobs, they tend to accept any job they are offered. For example, â€Å"[...] illegals can be paid a lower overall hourly wageRead MorePros And Cons Of Private Prisons1625 Words   |  7 Pageshas had a long and controversial history when it comes to the U.S prison system. Holding only approximately 5% of the global population; U.S prisoners account for almost 25% of the worlds prisoners, having even more than China; a nation with almost a billion more citizens than the U.S (PrisonStudies.org) Even when considering these alarming statistics, discussing the method of caring for, feeding, and rehabilitating prisoners in the U.S is often avoided as many United States citizens are uninformedRead MoreA Position Of Influence On The American Prison System948 Words   |  4 Pagescountry. Though this large prison population exists, the crime rate is similar to other, similarly developed, countries. This problem can be, if not solved, s ignificantly alleviated by implementing, as much as possible, the types of policy present in the German prison system, and others like it. This project would recommend solutions to those in a position of influence in the American prison system, a way to efficiently implement German, and other similar countries, prison policy and principles inRead MoreIs Drug Treatment a Viable Alternative to Prison Time? Essay1113 Words   |  5 PagesPrisons and county jails are extremely over populated, so over populated that in some jails inmates are sleeping on the floors. According to Senator Jeanne Shaheen (From Senator Jeanne Shaheen: Prison Overcrowding, 2011), the federal prisons are currently 35 percent over their capacity. The overcrowding is costing the criminal justice system and taxpayers more money to transfer inmates to other facilities and in lawsuits brought by inmates against the prisons. With the prisons and county jailsRead MoreAmerica Has The Highest Rate Of Incarceration9 40 Words   |  4 Pages Don’t believe it? Then do some research. The World Prison Brief, a database hosted by the International Centre for Prison Studies, provides an online table* that list the world’s prison population broken down by nation. With a total population of over 320 million, the U.S. ranks at 698 prisoners per 100,000 people. That beats just about every nation in the world, including China and Russia combined. One nation, however, beats the U.S.—the Republic of Seychelles, an  archipelago  of 115 Islands

Friday, December 20, 2019

Death, a Theme in Emily Dickinson and Walt Whitman´s Poetry

Walt Whitman and Emily Dickinson’s poetry is very different; however death seems to be a familiar topic amongst both poets. Opposites attract, and you could say the same for Whitman and Dickinson because though they have different writing styles both repeatedly write about death. Once more, although both Whitman and Dickinson have many different feelings about death, they also share many similar feelings about it as well. Although Walt Whitmans poetry is rather long and quite simple and Emily Dickinsons are often short and complex, the theme of death strongly ties their works together. To begin with, both Walt Whitman and Emily Dickinson spoke about not only a person dying, but the people who were left to live through that person’s†¦show more content†¦Ã¢â‚¬Å"And as to you Corpse I think you are good manure, / but that does not offend me / I smell the white roses sweet-scented and growing, / I reach to the leafy lips, / I reach to the polish’d breasts of melons† (Whitman â€Å"Song of Myself† Lines 1291-1293). Whitman knows that something amazing happens to the ones who die. Emily Dickinson on the other hand, remains either apathetic or has a negative opinion on death. â€Å"Or rather, he passed us / The dews grew quivering and chill / For only gossamer my gown / My tippet only tulle† (Dickinson â€Å"Because I Could Not Stop For Death† Lines 13-16). Dickinson admits that she is afraid of death. The quivering and chill is describing that death is cold hearted, and gossamer is covering her. If death were so nice, the n he wouldn’t have such a creepy image and Dickinson would be describing her trip with him like a trip through a haunted house. She is afraid of him at this point. Though Walt Whitman and Emily Dickinson may share different opinions about dying, they both know that death is inevitable and they will have their time one as well. Furthermore, in a sense Whitman and Dickinson both believe in immortality; however Whitman believes in a true life after death whereas Dickinson is unsure about it. â€Å"What do you think has become of the young and old men? / And what do you think has become of the women and children? / They are alive and well somewhere / The smallest sprout showsShow MoreRelatedDeath Is Death And The Idea Of Death1290 Words   |  6 PagesThroughout American literature there are several themes that one can find and explore. All you must do is to look and interpret what you are reading. One such theme is death and the idea of death. Death has always been in the collective conscious of Americans because, it is, well, inevitable. It is most certainly coming for each and every one and is inescapable. A common phrase in today’s culture is â€Å"only two things are certain in this world; death and taxes.† Death has always stirred mysticism and aversionRead MoreEmily Dickinson And Walt W hitman1719 Words   |  7 Pagestypes of themes and periods of writing. Each writer has their own style and way of conveying what they want to say to their readers. A lot of time what and how an author writes comes from how they grew up and the experiences they have had. They find a way to insert themselves and their emotions into words that move the readers in some way. One of the most popular periods of writing would be the romanticism era. Some of the most well known authors in this time period were Emily Dickinson and Walt WhitmanRead MoreNature And Nature : Emily Dickinson And Walt Whitman1326 Words   |  6 Pages Nature has an undefinable meaning as the theme is utilised in literature, and it has been a topic of reflection within the Romanticists since the beginning of the era. Romanticism and nature and inextricably linked ideas. Poets; Emily Dickinson and Walt Whitman wrote during the romantic era, and both drew heavily from aspects of nature in their work. Nature can be paralleled against several things, including humanity and the idea of life and death. The contrast between the natural world and theRead MoreThe Value Of Literature Courses1428 Words   |  6 Pagesgave us the Romantics, the Victorians, and the 20th century authors. Chinese literature is focused on philosophy and there is very little fiction. Confucius is a popular author with many disciples. Chinese literature includes military science and poetry and there is a variety of styles ranging from lyrical to criticism. Japanese literature was heavily influence by the Chinese literary styles, and by the Indian literature due to Buddhism. There are some similarities between American and world literature—theyRead MoreNotes On Self Reliance By Ralph Waldo Emerson Essay1441 Words   |  6 Pagesessay Emerson says, To believe in your own thought, to believe that what is true for you in your private heart is true for all men, - that is genius. His statement captures the essence of what he means by self-reliance, namely the reliance upon one s own thoughts and ideas. He mentions that people like Moses, Plato, and Milton, were so important because they spoke their minds and did not only recite what was written in or memorized from books. Emerson tells his readers to Trust thyself. EmersonRead MoreNotes On Self Reliance By Ralph Waldo Emerson Essay1508 Words   |  7 Pagesessay Emerson says, To believe in your own thought, to believe that what is true for you in your private heart is true for all men, - that is genius. His statement captures the essence of what he means by self-reliance, namely the relian ce upon one s own thoughts and ideas. He mentions that people like Moses, Plato, and Milton, were so important because they spoke their minds and did not only recite what was written in or memorized from books. Emerson tells his readers to Trust thyself. EmersonRead MoreHow Fa Has the Use of English Language Enriched or Disrupted Life and Culture in Mauritius15928 Words   |  64 PagesPost your close reading posts here. Share this: †¢ Twitter †¢ Facebook †¢ Like this: Like Loading... [pic] 26 Comments on â€Å"CLOSE READINGS† 1. [pic]John Cooper says: July 13, 2011 at 3:36 pm Emily Dickenson’s poem â€Å"Because I could not stop for Death† details the events the narrator experiences after dying. In the poem, the narrator is driven around in a horse-drawn carriage to several places, including a schoolyard, a field of wheat, and a house sunken in the groundRead MoreEdgar Allan Poe / Emily Dickinson3782 Words   |  16 Pagescentury up through about 1870. Its primary vehicle of expression was in poetry, although novelists adopted many of the same themes. The two writers discussed in this paper will be Emily Dickinson and Edgar Allan Poe. Romanticism was an artistic and intellectual movement originating in Europe in the late 18th century. The romantic period saw an overflowing of emotions, with â€Å"lyrical ballads† maintaining that all good poetry is the spontaneous overflow of powerful feeling. The romantic period inRead More Emily Dickinson and Adrienne Rich Essay2741 Words   |  11 PagesEmily Dickinson and Adrienne Rich The modernist period, stretching from the late 19th century to approximately 1960, is a very distinct phase in the progression of American literature, employing the use of novel literary techniques which stray away from the traditional literary styles observed in the time preceding the period. Modernist writers explore new styles themes, and content in their compositions, encompassing issues ranging from race (Kate Chopin) to gender (H.D.) to sexuality (JamesRead MoreAmerican Renaissance (Literature)1541 Words   |  7 Pagesfrom their ancestral homelands. Most American Indians complied with the terms of the removal treaties, often with resignation. The Trail of Tears refers to the forced relocation of the Cherokee Native American tribe in 1838, which resulted in the deaths of an estimated 4,000 Cherokee Indians. At the time, two Americas really existed: that of the North and that of the South. New England and the Middle Atlantic States were the principal centres of manufacturing, commerce, and finance. In the South

Wednesday, December 11, 2019

Carrying On Business Of Supplying Taxi Travel †MyAssignmenthelp.com

Question: Discuss about the Carrying On Business Of Supplying Taxi Travel. Answer: Case Facts: The Australian Taxation Office declared in 2015 that Uber Drivers need to be registered and pay Goods and Service Tax irrespective of their turnover. The general rule that was followed earlier regarding registration was that an enterprise with turnover less than 75 thousand dollars would not be required to pay Goods and Service Tax. However it is to be mentioned that an exception to the generally followed rule is that an enterprise carrying on business of supplying taxi travel is required to be registered for Goods and Service Tax irrespective of its turnover according to section 144-5(1) of the Goods and Service Act . It can be mentioned that according to section 195(1) of the GST Act Taxi Travel can be defined as travel involving passengers in taxi or limousine for fares. The Australian Taxation Office stated that Uber fell within the abovementioned exception as it is a company dealing in Taxi Travel and thus is required to pay GST irrespective of its turnover. However it is to be mentioned that Uber disagreed the fact that UberX drivers did not provide taxi service and filed a declaration to the Federal Court of Australia stating the same. Applicants submission: The applicant stated that Taxi travel only applied to the Taxi Industry as the legal provisions as stated in the Goods and Service Act did not apply on any other industry. The applicant suggested that the words Taxi and limousine bear a non legal meaning. The terms Taxi and Limousine as stated in section 195(1) of the GST Act provided a general meaning and have no legal implications of those meanings. The Applicants argued that Uber vehicles do not have markings on the body of the vehicles therefore cannot be categorized under taxi travel. The applicant also added that payment systems of Uber are different from normal taxis. The Uber drivers are not required to display the fares on meters as normal taxis. Respondents submission: The respondent stated that Taxi Travel should be construed as a whole and should be defined as transportation by a vehicle being driven a person for fares. The respondent also stated that the services provided by Uber fall under the category of taxi travel as all the essential features of transport by taxi travel are fulfilled by Uber. Further explanation of the definition of limousine was provided by the commissioner. He stated that unlike taxis Limousines do not have meters to display the fares and are required to be pre booked. Thus any car dealing providing transportation for fares should not be exempted from Taxi travel. Decision: Justice Griffiths held that the Respondent was rightful in submitting that Taxi is a vehicle which is available for hire by the Public for fares and taxis do not always require fare meters. However Justice Griffiths held that the Commissioner was not rightful in stating that limousines are not confined by the definitions of luxurious cars. Justice Griffiths held that limousines are luxury vehicles, which are hired by people for fares and cannot be compared to Taxis. However the Judgment held that Uber drivers needed to register for GST and register an Australian Business Number. It was held that Uber drivers were required to lodge Business Statements. References: UBER B.V. v Federal Commissioner of Taxation [2017] FCA 110

Wednesday, December 4, 2019

Innocence Revolution and Proposals System †MyAssignmenthelp.com

Question: Discuss about the Innocence Revolution and Proposals System. Answer: Introduction: The Magna Carta is considered as one of the important legal documents in the history of the British. It is considered as the most important constitutional document of all time. The Magna Carta which was known as Magna Carta Libertium is said to be originally drafted in Latin. There was a rebellion by baron in the year 1215 due to number of incidents such as the unpopularity with the subjects due to increase in taxes and due to his failed attempts to regain the empire that he lost in Northern France. Though this type of rebel was not uncommon but this time the baron did not have a successor who can claim the throne. As Prince Arthur was missing so the only alternative in that situation was Prince Louis from France who had a weak link as a husband to John's niece made him unpopular for the throne. So in this regard Baron was not happy with the rule that John who according to them was not adhering to the Charter of liberties. The Charter was formulated by John's ancestors Henry I during his rule in the year 1100 which bonded the king with laws in regard to the treatment of the church official and noble men[1]. Baron forcefully entered the Court of law with the help of Prince Louis and King Alexander II after six months of failed negotiations. They entered the court on June 10, 1215. The king was forced to rely in order to formulate a document which mentions new laws which got enacted from the date 15th July was known as the first version of Magna Carta[2]. The Jury are considered as the esteem member of the court who are responsible for deciding after analysing all the facts that whether a person is guilty or not of the offence that the person is charged with. The jury goes through the evidence to analyse the case and come to a conclusion. Jurors are chosen on random based on the electoral list of the local area. Any person who over the age of eighteen and is under the age of seventy is eligible to become a jury. If a person is living in UK for the past five years, in that case the person is eligible for jury selection[3]. Certain people are disqualified are as follows: People having mental disorders People on bail for a criminal offence People who have received a sentence of life imprisonment People who have finished (within the last 10 years) a prison sentence or Community Order Also, the Judge can determine that an individual who is not capable of acting as a juror can be discharged (for example they cant speak English). A jury has twelve members. They are chosen in random basis more than twelve people will be brought to court then their names will be written by the court official and their names will be chosen on random basis. If a juror knows anyone who is involved in the case, in that case the juror has to mention that the case in the juror cannot be a member of that case. As the selection process ends then each and every jury members will be sworn on their holy book. Relationship between Jury and Judge In case of the Crown Court in England and Wales where the cases that are being dealt are very serious in nature, so in this regard the judges manage the trial and maintain the law, whereas the jury evaluates the evidence and decides whether a person is guilty or innocent[4]. The members of the jury before would act as a witness to provide information regarding local affairs but later on it evolved where they are empowered with greater roles. Now-a-days the jury evaluates the evidences that are being produced in the court and on basis of their evaluation come to a conclusion. Their roles have become very important as they play a major role in functioning of the legal system. In a case law in the year 2001 the case of Jack, Jury misconduct- Juror misconduct is when the law of the court is violated by a member of the jury while a court case is in progression or after it has reached a verdict. In another case of United Kingdom in the same year, 2001 the case of Jackson v the state of Alabama one of the jury was release after posting something about the case of his Face book page. Punishment for jury misconduct is an alternate is seated. If there is no alternate then a mistrial is declared. A hung jury or deadlocked jury is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority[5]. One famous case that would be a great example of a hung jury would be that if the case of Jodi Arias in 2013. Case description : Jodi Ariaswas convicted of murdering he lover in 2008 although the prosecutor were seeking the death penalty it took to jury after the first was consider deadlock to take the death penalty off the table and only sentencing her to life in prison with the possibly of release after 25 years. This is the post-conviction stage of the criminal justice process, in which the defendant is brought before the court for the imposition of a penalty[6]. If a defendant is convicted in a criminal prosecution, the event that follows the verdict is called sentencing. A sentence is the penalty ordered by the court. Generally, the primary goals of sentencing are punishment, deterrence, incapacitation, and rehabilitation. In some states, juries may be entitled to pronounce sentence, but in most states, and in federal court, sentencing is performed by a judge. Case Description: In one of the case of Ted Bundy which is one of the famous Sentencing cases that can think of which was Ted Bundy vs the state of Alabama one of the jury was release after posting something about the case of his Facebook page. Punishment for jury misconduct is an alternate is seated. If there is no alternate then a mistrial is declared[7]. Jury tampering is a crime that occurs when people improperly influence jurors. Jurors can also be improperly influenced and sometimes by their own doing and without anyone committing a crime. However it occurs, improper influence on jurors can effectively undo a criminal case and result in a new trial for the defendant. During a trial, a person may not communicate with a juror about anything related to the substance of the case. No matter how they do it, people who try to influence jurors are guilty of jury tampering. A classic example of tampering is bribing or threatening a juror to decide a case a certain way. More subtle examples are leaving jurors anonymous notes, slipping them photographs, and telling them information thats been excluded at trial. Courts do not want outside information or opinion about a case to influence jurors; the cases are supposed to be decided on the facts as presented at trial, not on potentially unreliable, uninformed, and unchallenged information coming from elsewhere. During a trial, jurors are instructed not to discuss the case with anyone outside of the courtroom. To break this rule is to commit juror misconduct, which might get the juror dismissed from the jury, but generally isnt a crime. Juror misconduct is when the law of the court is violated by a member of the jury while a court case is in progression or after it has reached a verdict[8]. Description of the Case-To give an example that in the year,2001 the case of Jackson v the state of Alabama one of the jury was release after posting something about the case of his Face book page. Punishment for jury misconduct is an alternate is seated. If there is no alternate then a mistrial is declared[9]. How does juror misconduct affect public confidence Introduction on juries have the tremendous power on the lives of the people. Granting them the power so that they can directly express their faith of the institution is the main vision of the democratic governance. The confidence on jury verdicts can be fair, unbiased and accurate. In the recent years there have been many concerns that were raised and the jury system and the vitality of the system[10]. One of the primary concerns was that the jury has become very inefficient and it will serve as a drain on limited judicial resources. Concerns were raised about the quality and the integrity of the outcomes that is reached by the juries. Many critics believe that jurors are frequently biased, incompetent, and apathetic, and as such, render verdicts that are unprincipled and often unjust. Jurors frequently misunderstand instructions from the judge on legal issues, fail to recall critical evidence, and suffer from boredom and apathy during trials[11]. Particularly in complex trials, jurors have trouble comprehending the evidence and that as a consequence juror reach verdicts that are arbitrary. Finally, there is a concern over the widespread negative perception that the public has of the jury system It seems that the public often no longer trusts juries to render fair and principled verdicts. As a result, the legitimacy of the jury system has been questioned by the media, members of the legal profession, and the public itself. Improving Jury Trials These concerns have led to proposals intended to improve the jury system. Some of those proposals focus on the way in which jurors are informed about the facts of the case so they are deciding, about the law[12]. This report examines the three such proposals. The first proposal is that the jurors are allowed to question witness during the trial and allows the jurors to ask questions radically and this departs from the traditional practice and this dictates that the jury sits passively and view the evidence as lawyers present it. Reformers both in and out of the courtroom feel that a more active role for jurors could improve their ability to decide cases efficiently and accurately[13]. The second proposal would allow jurors to discuss the evidence as it is presented, rather than requiring them to refrain from discussion until they begin formal deliberations at the end of the trial. The traditional practice is to instruct jurors not to discuss the evidence. The third proposal focuses on jury instructions. Jurors frequently report that they simply do not understand the law they are expected to apply. Jury instructions, the vehicle by which the jury is informed of the law, traditionally are given only after the evidence is presented, and are frequently phrased in language intended to satisfy appellate courts that might review the verdict, rather than the needs of jurors[14]. Criminal Justice and Court act In order to simplify the instruction the jurors about the governing legal principles at the beginning of the trial , might give the jurors a framework in which to fit the evidence they are hearing and help them decide the case more quickly and more accurately[15]. Jurors Submitting Questions to Witnesses During Trial Supporters of jury reform feel that the traditional role of jurors as "passive fact finders. It is detrimental to juror comprehension and it thought that the lack of the juror involvement at trial encourages apathy and this leads to poor decision making[16]. There is evidence that allowing jurors to take a more active role during trial will improve juror comprehension and will ultimately result in more accurate and principled verdicts. One way in which jurors can be encouraged to take a less passive approach to evaluating the evidence presented during a trial would be by allowing jurors to ask witnesses questions when the testimony is unclear or unhelpful. Presenting evidence at trial is considered to be the exclusive domain of lawyers, lawyer oftenfail to present evidence in a complete and coherent fashion. Jurors may need to ask questions to fill communication gaps in their understanding of a witness's testimony. There is evidence that allowing jurors to question witnesses would improve juror comprehension and attentiveness during trial, resulting in more accurate, fair, and principled verdicts. Thus many scholars and members of the judiciary believe that jurors should be allowed to submit written questions to witnesses during trials. Centuries ago, juries were viewed as inquisitive bodies and jurors were allowed to question witnesses both outside and inside the courtroom[17]. As the modern legal profession developed, the adversarial system of litigation dominated, and jurors gradually took on a less active role in trials. Jurors became "passive fact finders" instead of independent investigators of the facts. Rules of evidence were developed to limit the information the jury received, and, eventually, jurors were not allowed to question witnesses at all. In a few states, jurors are expressly prohibited from asking questions by judicial decision[18]. It disallowed the juror questioning on the ground that such a practice departs from the traditional adversarial nature of judicial proceedings and may violate the party's due process right to an impartial jury[19]. It has disallowed juror questioning of witnesses in State vs. Williamson,where it reasoned that jurors maybepersonallyoffendedif attorneys object to their questions, and that this may be a basis for prejudice. Finally, Morrison vs. the State of the Court concluded that by allowing the juror to submit the question to witness results in the reversible Improper juror influence can occur without jury tampering or even jury misconduct. Neither tampering nor misconduct has occurred if the juror follows the judges instructions and no one tries to assert sway over the juror. But improper influence can nevertheless happen. An example is a juror accidentally overhearing a conversation about evidence the judge ruled inadmissible in the trial[20]. The Effect of Improper Influence If a juror has been influenced by outside information as a result of jury tampering, juror misconduct, or simple mistake, then the judge might declare a mistrial and grant the defendant a new trial. But proving that a juror has been illegally influenced can be difficult. Courts do not like to dig into a jurys verdict. What happens in the deliberation room is supposed to stay there. Thus, the only evidence of juror impropriety that a court will usually consider is an external communication or influence; anything that is internal to the jury, including discussions and thought processes, is generally off-limits[21]. If a court hears evidence of an improper influence on a juror, it will try to determine whether that influence was likely to actually affect the jurors verdict. Not every instance of an improper influence or jury-tampering leads to a new trial. So, for example, if a juror acknowledges that someone simply told her that the defendant looked guilty, the court probably wont overturn the verdict. But evidence that a juror received cash payments in exchange for finding the defendant guilty will likely spur the court into action[22]. Case Description: In this case, Juror Jane is eligible to testify that someone outside of court told her that the defendant had a violent history; the out-of-court statement is an external influence. However, evidence of what effect this statement had on her vote would not be admissible; her thought process in this regard is internal to the jury. Each juror has a duty to report as soon as possible any incident where any person attempted to influence any member of the jury outside of the room where the jurors deliberate. A Juror must report to the court any violation they see committed by other jurors against warnings given by the judge not to discuss the case outside the jury room or against listening, reading or viewing news reports about the case. In regard to jurors avoidance of any contact with news reports, the judge in many jurisdictions is required to explain to the jury his reason for warning them to do so[23]. There are a number of documented examples of juror misconduct that illustrate the above principles. The first kind of example is jurors bringing in outside information not given to them at trial. In an automobile accident case, a juror on his own visited the accident site and drew a diagram of the intersection. The next day when the jury deliberated, he showed the jury the diagram and brought into the room a copy of a book on state traffic laws, the contents of which they discussed[24]. In a second instance communication was said to have taken place between members of the jury and a customer in a restaurant that approached their table and urged them to impose the death penalty. In these instances, what occurred was clearly prejudicial and resulted in the trial verdict being overturned. There are some instances in which the rules about outside communication were not followed, but were not considered egregious enough to warrant the verdict being overturned. In one case, the jury did not understand what was meant by the term proximate cause. Instead of asking the judge for clarification, they brought in a dictionary to help them. Because the dictionary definition did not conflict with what the judge had told them earlier as to what that word mean, it was not considered to be prejudicial[25]. There have been a large number of cases where jurors have gone to the judge or other court officials after the trial is over to complain they were intimidated by other jurors into voting with the majority. Courts will not take any action at this point for these reasons. First, before deliberations have concluded, a juror can report intimidation to court officials[26]. Second, the jury can be polled individually inopen courtto see if each person voluntarily agrees with the verdict. Third, courts are unwilling to meddle in or speculate about how the jury reached its decision; a jurys deliberations are meant to be secret in order for non-jurors not to have any influence. Outbursts of emotion, such as throwing chairs or cursing, are looked upon by courts as consequences that should not be unexpected and will not in themselves be sufficient to have intimidated jurors into not voting according to their own evaluation of the evidence. Finally, allowing inquiries after a verdict would jeopar dize the finality of a jurys decision and might result in endless additional time wasted[27]. References Ahern, Mike.The Use of Personal Knowledge and Belief by Jurors and Juries. Diss. University of Canberra, 2015. Allen, Ronald Jay, et al.Criminal procedure: investigation and right to counsel. Wolters Kluwer Law Business, 2016. Bedi, Monu. "Unraveling Unlawful Command Influence."Wash. UL Rev.93 (2015): 1401. Browning, John G. 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