Court Observation Term Paper Example | Topics and Well Written Essays - 500 words

Court Observation - Term Paper Example Wilbur case. In presenting its opinion, the district court observed that the direction related to alibi was inconsistent the president set in Mullaney v. Wilbur case because it did not require for defendant to do anything, such as assuming proof of burden. During the proceeding, it was held that Maryland had directly considered that alibi in itself was not an assenting defense in State v. Grady, 276 Md. 178, 345 A.2d 436 (1975). The final issue was not presented before a jury, however, and the attorney noted that they only took into it consideration to show that Maryland offered effect to Mullaney. The district court established that manslaughter instruction on its facial view did not conform with the values articulated in Mullaney v. Wilbur precedent case, but it affirmed that, as presented in State v. Evans, 278 Md. 197, 362 A.2d 629 (1976), the issuing of the instruction was a risk-free mistake because there was no proof to support an instruction as to manslaughter in any circumstance, apart from that of murder (Hengel, 234). However, in every case where the attendance of the defendant at the commission of the transgression is necessary to his conviction, the state has to establish such a fact beyond any reasonable doubt. The jury ought not to assume that an accused person is responsible just because he is being impeached and that criminal allegations have been preferred against him (Hengel, 240). The district judge established that the decedent and the accused could as well have renewed their earlier squabble, which occurred the very evening of the shooting in question. Moreover, the judge observed that the quarrel occurred in a dance hall where there was a huge crowd of people who might be used as witnesses. The district court noted that while it did not imply that there was no proof of murder in the state trial, it did not think that an

Critical and Post-Modern Organization Theory Essay

Critical and Post-Modern Organization Theory - Essay Example They state that Critical Theory strives hard to liberate and enslave human beings through transformation of various conditions and circumstances. This theory also aids in descriptive and normative base in social inquiry where it seeks to reduce command and power, and increase freedom in all respective manners. Critical theories have gone through different historical phases and have passed several generations (Fellunga, 2002). Critical theory has set its aims, methods, theories, and explanations in both natural and social sciences and thus this theory is extended to ethics, political philosophy, and philosophy of history. Furthermore, critical theorists argue that enterprises do not have a practical approach in instrumental sense, but rather they have a keen interest in the moral sense. They do not strive to achieve some independent goal but instead they seek human liberation in coercion, repression, and domination. While the formulation of materialism stated, that critical theory has all the rights to function within the boundaries of division of labor. But within this scenario, philosophy normative stance has the right to condemn the ethics, principles and embodiment of reason (Stanford encyclopedia of philosophy, 2005). On the other hand, post modern theory or post modernism has been derived after modernism but both these terms have a wide distinction among each other. Modernism is concerned with identity, unity, authority, and certainty while post modernism reflects difference, separation, textuality, and skepticism. Post modernism originated from architecture and covered two main theories; deconstruction and post structuralism. This theory is used not only in art-related fields but it also assists in marketing & business, law and culture fields. Basically post modernism are those group of critics who are inspired by the postmodern culture in which they live