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Alaskans Against the Death Penalty
Dedicated to keeping Alaska free from Capital Punishment.
AADP Events Calendar
Check back for Event Updates!
If you have additional questions about any of the events listed on this page please feel free to contact us.
Virginia Legislators Poised to Attempt Death Penalty Repeal as Governor Sponsors Abolition Bill
Legislators in the Virginia House and Senate are poised to attempt a repeal of its capital punishment statute, as Governor Ralph Northam (pictured) announced that he would sponsor a bill to end the commonwealth’s death penalty.
Northam issued a call to abolish the death penalty during his January 13, 2021 State of the Commonwealth address marking the opening of the 2021 legislative session. “It’s time to change the law and end the death penalty in Virginia,” Northam said. “We’re taking these actions because we value people and we believe in treating them equitably.”
His action marked the first time in Virginia history that a sitting governor had sponsored death-penalty repeal legislation.
Legislators introduced three repeal bills in the House of Delegates and the Virginia Senate on the legislative session’s first day. Two — SB 1165, introduced by Sen. Scott Surovell (D – Fairfax) with Republican co-patron, Bill Stanley (R – Franklin) and HB 2263, introduced by Del. Michael Mullin (D – Newport News) — are sponsored by the Governor. Del. Lee Carter (D – Manassas) has also introduced an abolition bill, HB 1779. Legislative leaders plan to conduct hearings on the repeal bills in the next several weeks.
The repeal bills appeared to gain momentum in the days leading up to the start of the legislative session as state Attorney General Mark Herring and twelve county prosecutors joined a coalition of African American faith leaders in calling for abolition.
Echoing Northam’s message, Herring said “it is time for Virginia to end the death penalty.” “I will support Governor Northam’s efforts to make it happen this year,” he said. “Its abolition must be part of our work to reform a flawed and imperfect criminal justice system.”
Federal Government Executes Corey Johnson, Who was Likely Intellectually Disabled, Without Any Judicial Review of His Eligibility for the Death Penalty
For the second time in less than five weeks, the federal government has executed a death-row prisoner who likely was intellectually disabled, without affording him judicial review to determine his eligibility for the death penalty. Corey Johnson (pictured) was pronounced dead from lethal injection at 11:34 p.m. on January 14, 2021, the 12th federal prisoner executed in six months and the fifth in the transition period between Donald Trump's defeat in the November 2020 presidential election and the scheduled inauguration of Joseph R. Biden on January 20, 2021.
The only other time in U.S. history that as many as five transition-period executions took place was in 1884-1885 during the transition between Chester A. Arthur and the first presidency of Grover Cleveland.
In an order issued at 10:00 p.m., four hours after Johnson was scheduled to be executed, the U.S. Supreme Court denied Johnson’s emergency application for a stay of execution to permit him to present evidence that the constitution prohibited his execution because he has intellectual disability. Justices Kagan and Sotomayor dissented. The U.S. Supreme Court ruled in Atkins v. Virginia in 2002 that the execution of people with intellectual disability violates the Eighth Amendment proscription against cruel and unusual punishments. Johnson also argued that his execution would violate a 1988 federal statute that forbids applying the federal death penalty to prisoners with intellectual disability.
Earlier in the evening, in an 8-7 vote, the judges of the U.S. Court of Appeals for the Fourth Circuit declined to reconsider a three-judge panel’s ruling refusing to grant Johnson an evidentiary hearing on his claim. In dissent, Judge James A. Wynn wrote, supplying emphasis, that “Corey Johnson is an intellectually disabled death row inmate who is scheduled to be executed later today.” Newly available evidence, he wrote “convincingly demonstrates … that he is intellectually disabled under current diagnostic standards. But no court has ever considered such evidence. If Johnson’s death sentence is carried out today, the United States will execute an intellectually disabled person, which is unconstitutional.”
On December 11, 2020, the federal government executed Alfred Bourgeois despite evidence that he may have been ineligible for the death penalty because of intellectual disability. During his earlier appeals, a federal court in Texas denied Bourgeois’ claim of intellectual disability, relying on a series of lay stereotypes that had no clinical validity and whose use the Supreme Court later declared unconstitutional. When he sought to obtain judicial review of his condition based upon current clinical definitions of the disorder, another federal district court found that he had made a “strong showing” of intellectual disability and granted him permission to litigate that claim. A federal appeals court reversed, saying Bourgeois had already been provided an opportunity to litigate his claim, and the U.S. Supreme Court allowed the execution to go forward.
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History of Our Court
History of the Illinois Courts
Illinois Constitution of 1870
The Constitution of 1870 spelled out the new judicial system in Article VI. The Supreme Court was comprised of 7 judges whose terms of office were 9 years. Four judges constituted a quorum and the concurrence of 4 was necessary for decision. It had the same jurisdiction as it had under previous constitutions and was to hold annual terms as established by the 1848 Constitution. The state was divided into 7 districts for election of the Supreme Court judges. These districts could be changed by law to maintain equality in population, but must be composed of contiguous counties.
In 1879, legislation was enacted requiring that terms of the Supreme Court were to be held only in Springfield. The Court was given authority to make rules regulating practice for the judiciary in Illinois. It also provided that the Supreme Court submit reports to the Governor on the deficiencies and problems of the laws in Illinois and suggest bills to the General Assembly designed to solve these problems. Combined with Article VI, Section 11, which provided for the establishment of an Appellate Court, we can discern the development of the Supreme Court as a body established for initiating, improving and interpreting the laws of Illinois. No longer was the Supreme Court to be a traveling Appellate Court.
The Constitution provided for the establishment of an Appellate Court by the General Assembly after 1874. Four such courts were established in 1877. The first was in Cook County, the second was in the rest of the Northern Division, the third was in the Central Division and the fourth was in the Southern Division. Each court consisted of 3 judges appointed by the Supreme Court from the Circuit Court, or in the case of Cook County, from the Superior Court. They were appointed for 3 years and held 2 court terms annually. 2 judges were a quorum, and the concurrence of 2 was necessary for a decision. The jurisdiction of the court was appellate only.
Judicial Districts
By Act of Legislature of March 28, 1873, judicial districts were organized in accordance with the 1870 Constitution. 26 circuits were formed, exclusive of Cook County, which formed its own circuit. The circuits were to be as equal as possible in population, economy and territory, and consist of contiguous counties. Lake and McHenry Counties, along with Boone and DeKalb Counties, constituted the Second Judicial Circuit. Theodore D. Murphy of McHenry County was elected as the Circuit Judge. Circuit Court judges were elected within their circuit for a 6-year term. At least 2 terms of court were required to be held each year in each county.
An Act of the Legislature of June 2, 1877 again changed the judicial circuits of the state. The existing 26 circuits were reduced to 13. The Second Circuit containing Lake, McHenry, Boone and DeKalb Counties, was united with the 4th Circuit containing Kane, DuPage and Kendall Counties, to form the new 12th Circuit.
Another change in the make-up of the judicial circuits occurred by an Act of April 23, 1897, which associated Lake and McHenry Counties with Winnebago and Boone Counties to form the Seventeenth Circuit.
Population Changes
During these years, cases in Cook County increased at a much greater rate than the population. To deal with the larger caseload, provisions were made to add to the number of judges in both the Superior and Circuit Courts of Cook County. The old Records Court of the City of Chicago was changed into the Criminal Court of Cook County with the jurisdiction of the Circuit Court in criminal and quasi-criminal cases. The terms of the Criminal Court were held by the judges of the Circuit and Superior Courts. The General Assembly increased the number of judges in the Circuit Court of Cook County until eventually, in 1915 that number reached 20.
The constitution, again, provided for County Courts in each county. 1 judge was to be elected to that position for a 4-year term, however, where it was expedient to do so the General Assembly could create a district of 2 or more counties under the jurisdiction of1 judge. This court was to be the county court of record.
Probate Courts
The constitution of 1870 and subsequent legislation in 1877 and 1881 established Probate Courts in counties where the population was over 70,000. Judges of these courts had 4-year terms. In 1903 an act of the General Assembly provided that the probate judges and county judges may hold court for each other and perform each other's duties.
Courts of Records
In 1901, an act was approved concerning courts of records in cities. It was amended in 1901, 1911 and 1913. It permitted from 1 to 5 judges in each City Court. However, the number of judgeships could not exceed one for every 50,000 inhabitants. The court could be established only in cities of at least 3,000 inhabitants. The judges were given 4-year terms. These courts had jurisdiction concurrent with the Circuit Court, except in cases of treason and murder.
Court of Claims
In 1903 an administrative agency called a Court of Claims was established in Illinois to hear all cases of claims of any nature against the state. Three 3 were appointed to the court by the governor.
Justice of Peace Courts
The constitution also provided for the continuation of Police Magistrates and Justices of the Peace.
Dissatisfaction with the Justices of Peace and Police Magistrate system became so serious that a 1904 amendment to the constitution abolished Justices of Peace, Police Magistrates and Constables in the City of Chicago and limited the jurisdiction of all other Justices of the Peace, Magistrates and Constables in Cook County to the area outside the City of Chicago. It also permitted the establishment of a Municipal Court in Chicago.
Legislation in 1905, 1906 and 1907 established the Municipal Court of Chicago with jurisdiction in civil claims for money or property and in non-felony criminal cases. The court was created to meet the special needs of a rapidly growing urban area. Legislation approved in 1899 and amended in 1907 established a Juvenile Court (later called the Family Court) in Cook County. 1 judge of the Circuit Court was to hear all cases involving persons under the age of 21 termed by the act as dependent, neglected or delinquent. This act was the first of its kind in any state.
Organizational Changes
These specialized courts demonstrated the needs of a growing population and the developing independence, importance and responsibility of the courts in Illinois. They were very functional, but the problems caused by the creation of new courts for new needs soon outweighed the advantages.
Many of these specialized courts had overlapping jurisdiction causing organizational and administrative problems. There was no real administrative authority to unify, coordinate and supervise the various courts and judges. A unified court system was needed.
It was during these years of organizational growth and confusion, that in 1957 the Legislature detached Lake and McHenry Counties from the Seventeenth Judicial Circuit and created the Nineteenth, to be comprised of only these2 counties.
Nineteenth Judicial Circuit
courts@lakecountyil.gov
Contacts by Divisions Frequently Called
Juror Info
(court case info, filings, etc.)
Illinois, Pre-U.S. History
Illinois, Early U.S. History
Judicial Article of 1964
Structure of the Illinois Court System
Timeline of Judicial History
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Purdue University Global Hosts Commencement in Nation’s Capital
Nearly 700 attend graduation from 46 states, several foreign nations
WASHINGTON–(BUSINESS WIRE)–Purdue University Global, a public nonprofit online institution of higher education, conferred degrees to nearly 700 graduates during an August 10 ceremony at DAR Constitution Hall in Washington, D.C., recognizing them for their academic achievements and celebrating their success.
Among those speaking at the commencement were Chancellor of Purdue University Global Dr. Betty Vandenbosch and keynote speaker Anthony Williams, former Mayor of the District of Columbia and current CEO of the Federal City Council.
Based in Indianapolis, Purdue University Global expands Purdue University’s land-grant mission by providing access to higher education for millions of working adults, highly personalized to their needs and flexibly scheduled to fit their lives via online courses. Nearly 9,000 Purdue University Global students will earn degrees this year.
During the ceremony, Dr. Vandenbosch conferred degrees to graduates who traveled to attend from 46 states, as well as several foreign countries, including Bermuda, Bahamas, Haiti, United Kingdom and Qatar. The ceremony was broadcast on Facebook Live for graduates and family members unable to be there in person.
In her remarks, Dr. Vandenbosch said, “Graduates, your accomplishments are commendable and I have only one piece of advice for you: BE KIND. Be kind to yourself, to your friends and family, and to everyone else you encounter.”
Dr. Vandenbosch noted that Purdue Global students are primarily adult learners and pointed to some of the ways that makes them distinctive. More than 28 percent of the student body is affiliated with the military, including active duty, veterans and their family members. She also said that 52 percent of Purdue Global students are the first in their family to pursue a higher education degree, and that 63 percent have a child or other dependent.
Graduate and undergraduate degrees were awarded from the schools of Business and Information Technology, Education, Health Sciences, Nursing, and the College of Social and Behavioral Sciences. Additionally, degrees were conferred to graduates of Concord Law School at Purdue University Global, the nation’s first fully online law school.
About Purdue University Global
Purdue University Global is the extreme personalization online university, providing students the competitive edge to advance in their chosen careers. It offers a hyper-tailored path for students to earn an associate’s, bachelor’s, master’s or doctoral degree, based on their work experience, desired pace, military service, previous college credits and other considerations — no matter where they are in their life journey.
Purdue Global serves approximately 29,000 students, most of whom earn their degree online. It also operates several regional locations nationwide. Purdue Global is a nonprofit, public university accredited by The Higher Learning Commission. It is affiliated with Purdue University’s flagship institution, a highly ranked public research university located in West Lafayette, Indiana. Purdue University also operates two regional campuses in Fort Wayne and Northwest, Indiana, as well as serving close to 6,000 science, engineering and technology students at the Indiana University-Purdue University (IUPUI) Indianapolis campus.
For more information, please visit www.PurdueGlobal.edu.
Greg Ten Eyck
gregory.teneyck@purdueglobal.edu
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By Anders Ekdahl March 14, 2013 March 14, 2013 Interviews
This is another new band that I’ve just discovered. So read this interview with CURVATURE o get to know them better and then go and check out the band. Anders Ekdahl ©2013
What made you want to start a band in the first place? What have the rewards been so far?
-Curvature was never about fame or money, it’s always been a way to get together and make a lot of noise with close friends. We spend as much time drinking beer and partying as we do making music sometimes! The hard work is fun as well, we’ve played some amazing venues and we’re really looking forward to going out on tour. The band is its own reward for us, and we try and do everything ourselves from writing the songs to designing the CD covers – if that ever translates into actual money, I’m sure we’d cope with it!
In choosing a band name, what kind of thoughts did you have?
– We knew it had to be right, and we knew from the start that didn’t want was a “typical” female-fronted band name involving seasons and weather and fake Latin – it’s all been done. We went through so many… Alabaster, Kaotica, Obsidian and that kind of Gothic nonsense to really silly ones like Four Pricks and a Pussy. Eventually we decided on a one-word name, sharp and punchy, and somehow gazing at Lisa our singer brought to mind Curvature!
How do you set yourself apart these days when there are so many fighting for the attention of a limited crowd?
-It’s always been hard to stand out, and I think the only way to do it is to ignore everyone else and just try and be creative in our own way, not trying to sound like any other band. Our sound is a lot more synth-y than many other bands in our genre, and we’re not afraid to experiment with different sounds, odd timings, anything that works. Where it really shows is when we get up on stage, we’ve always put on a good show whether it’s to five people or five hundred, and the fact that we’re all good friends helps a lot – we have good stage banter and throw a few laughs in as well, there’s no reason to be all miserable and Gothic all the time. Just most of the time.
Is Britain a good place to be a band in? What kind of atmosphere is there for bands in Britain?
– Britain has a long, long history of supporting live music, but the landscape has changed so much recently. Anyone can put a band together, and because there’s no barrier to entry there are a lot of bands all doing the same thing and making it really hard to stand out from the crowd. The fans go where their friends’ bands go, so you almost have to be popular before you’ve played a gig, and a lot of the work is in networking your way to the top. That said, there are some venues that really go to the effort of putting on music every weekend, supporting the local scene, and if you can find them the vibe is always amazing because you’re playing to true fans. British crowds love to mosh and headbang and although some of them look scary, the scariest ones always come up and buy you a pint after the gig.
How would you like to describe your place in the British rock/metal scene? What kind of bands do you share a connection with?
-We have at least one Grumpy Old Goth in the band who insists that we are the single-handed revival of the Gothic Tradition in the UK, and there are some elements of our sound that started with Souxsie and the Banshees back in the eighties, but we share more in common with the Scandinavian scene that brought us Therion and, yes, Nightwish. We’re a really diverse bunch though: our drummer is into Dimmu Borgir, our bassist likes Machine Head, our guitarist likes Iron Maiden, our keyboardist is a massive fan of The Birthday Massacre and our singer… well, she’ll learn about metal some day. We hope.
What are the perks of just releasing an EP and not an album? Is it easier to let go if the EP doesn’t work out than had you released an album? Is it easier to go back to the drawing board with an EP?
-Number one, it’s a lot cheaper to record four songs over a weekend than it is to get everyone together for two weeks to record a full album! We had a really good idea of what we wanted to do before we started, and while there’s less time involved producing an EP, we’re still taking on the same amount of risk releasing it. The EP also provides a snapshot of where we are right now, and we’d have had to use some of our older songs to pad out a full album. While we love the older songs, we’re constantly evolving, and a lot of that comes from the feedback we get as we move forward. If Be(lie)ve turns out to be popular, we’ll know we’re doing something right and look at what we can do next to top it.
Does art work matter today? Are people that download really that interested in advanced art work/lay out? How do you share the art work/lay out with those downloading?
-The biggest change in the world of instant downloads is that the cover really has to say it all – no one reads the liner notes or the CD face, so the cover is all you’ve got. While it’s never going to be printed on a twelve-inch record, it’s still got to be attractive, and there’s even more reason to try and make the cover stand out when someone is flicking through hundreds of albums on their iPods and mobile phones. We’d love to do a limited edition of one of our albums, where we can go all out and put in photos and leaflets and double inlays and fake fur and secret messages – when someone else is paying for it!
Has the days of the physical format come and gone now?
-We all still buy CDs, and the physical formats are if anything more important. From the band’s point of view, we’d much rather someone came to a gig and went away with a CD in their hand, that will then live on their shelf for years and years, than struggle against millions of bands competing for a small percentage of a 79p download on iTunes that will live in a black plastic box that no one ever sees. Plus, no one has ever asked us to sign their iPod, but signed albums are something special that people still treasure.
What does it mean to hold a physical copy of something you’ve created? Does that make it seem more real?
-When we started, all we wanted was to record a few songs and get people to listen to us. This time round, we’ve put a lot of time and effort into producing the EP and because what we create will be seen around the world, we’re all looking forward to seeing the finished product in all its plastic and aluminium glory. It’s like seeing everything we’ve worked on condensing into the real world. We had a lot of fun in the studio, so it’s going to be great receiving the package of CDs, and then sending them out the door again, because the most important thing for us is always playing live.
What future is there in 2013?
-For Curvature, it’s all about playing to bigger audiences. We all feel that we’ve done our time playing to three people and their dog, and we’re hoping that the EP release will let us reach a broader audience. We’ve got plans to go on tour for a week in Germany, we’ve been booked for Scarfest in the UK in August, and in between there are always new songs to be written and new ideas to try. Our association with Ravenheart Records is bearing a lot of fruit, and we’re always on the lookout for new places to go. It would be great to play Wacken or Download – we’ll just have to see what happens! What we can say for certain is that Curvature plans to be making a huge racket somewhere near you, very soon, and having a great time doing what we love.
« SEPTEMBER CODE
CLOCK PARADOX »
Voodoo Circle – “Locked & Loaded”
Dragony – “Viribus Unitis”
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Dialogue Platform
Fethullah Gülen
The Hizmet Movement
Fethullah Gulen is an Islamic scholar, preacher and social advocate, whose decades-long commitment to education, altruistic community service, and interfaith harmony has inspired millions in Turkey and around the world.
Described as one of the world’s most important Muslim figures, Gulen has reinterpreted aspects of Islamic tradition to meet the needs of contemporary Muslims. He has dedicated his life to interfaith and intercultural dialogue, community service and providing access to quality education. He was the first influential Muslim public figure to publicly condemn the 9/11 attacks and express sympathy for the victims.
Born into a humble family in Erzurum, Turkey in 1941, Gulen studied natural science, Eastern and Western philosophy, as well as Islamic tradition in his early years. He moved to Edirne in the late 1950s and to Izmir, Turkey’s third largest province, in 1960s, where he started to crystallize his views. His activism and discourse attracted the attention of learned citizens, including the academic community and college students, as well as common people. From mosques to conference halls, Gulen discussed issues ranging from religion, peace, education and science, to the economy and other pressing social issues of the time, especially social justice.
In the following two decades, Gulen’s efforts in mobilizing fellow citizens around the cause of providing access to quality education, which had long been available to the wealthier students from urban centers, made him one of the best-known and respected figures in Turkey. By inspiring the establishment of scholarships, free tutoring centers, college prep courses, schools and student hostels, Gulen gave disenfranchised rural students access to education, thereby helping transform the social landscape of Turkey.
In the last two decades, Hizmet participants have expanded education opportunities around the world — from Central Asia to South Africa, from Australia to the Balkans— building schools, dormitories and tutoring centers, teaching college preparatory courses, mentoring students, and providing financial aid to those in need.
The private, non-denominational schools founded by Hizmet participants focus on science, math, literature and multicultural understanding, and many of their students have won major international math and science competitions. In conflict-ridden regions of the Philippines, Macedonia, Afghanistan, Iraq, and Bosnia hundreds of Hizmet schools have become bastions of inter-religious and interethnic harmony.
Gulen has also advocated for the education of women and advocated for their empowerment, a progressive view that stands in contrast to the views of more literalist Islamic leaders.
Hospitals built by Hizmet’s supporters have provided affordable access to quality health care while volunteer doctors brought free medical care to areas in desperate need. A major relief organization within the Hizmet initiative has mobilized thousands of volunteers and hundreds of millions of dollars in bringing aid to disaster victims in Southeast Asia, South America and Africa.
Gulen rejuvenated the Turkish tradition of interfaith dialogue and strongly advocates pro-democracy, equal opportunity, pro-science, non-violent stances. One of the core tenets of his teachings is the celebration of religious, cultural, social and political diversity. Gulen considers this diversity divine will; according to him, “you must have a seat for every person in your heart.”
Gulen’s lifelong work on interfaith cooperation has earned him recognition from Christian and Jewish leaders in his homeland Turkey and a personal audience with the late Pope John Paul II. He is also the recipient of New York-based East West Institute’s 2011 peace award. His efforts have also been praised by other global leaders who recognize his vital role in fostering mutual understanding and peace as well as his leadership in humanitarian initiatives. In 2008, Gulen was ranked #1 in Foreign Policy and Prospect magazines’ joint poll of the “Top 100 Public Intellectuals.”
Gulen currently lives in relative solitude at a retreat facility in Pennsylvania, where he dedicates his time to reading, writing and personal worship, and to promoting shared values, dialogue and peace.
For detailed information about Gulen’s biography, please refer to the information booklet.
Interview with Henri Goldman on Holocaust Remembrance Day 2020
The Uyghur Question: From the origins of the crisis to the consequences for the diaspora with Professor Vanessa Frangville
Book Launch: “En attendant le paradis: anatomie des radicalisations” with Amélie M. Chelly
Origin, Development and Discourse of Gulen Movement” with Prof. Dr Anwar Alam
Condemnation and Condolences regarding the Christchurch Mosque Shooting
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Ear Full of Gold
Oh music, right, I like that.
ALBUM CONVERSATIONS
Blazo | Reflections
So Blazo is a new producer to come into my life recently. His debut album “Alone Journey” was released in August of 2009. It is a beautiful record. “Reflections” is a continuation of “Alone Journey”. It was released in January of this year (2012, for those who are displaced in time…). He references Nujabes often in his descriptions and I would file it under hip hop and nu-jazz. I love how this album has a Japanese feel to it, some of the melodies are samples of traditional Japanese music, a tip of his hat to Nujabes of course. There are a few MC’s on the album, although it’s mostly instrumental. He is from Cracow, Poland. Which is where he lives now. There are four albums to download at his band camp page, you can also find more music as his myspace page.
Lana Del Rey Lust for Life
MIA official video for "Bring the Noize"
Preview Austra's "Olympia" on NPR
Thom Yorke's new project: Atoms for Peace
Flying Lotus-- 'Until the Quiet Comes'
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Dr. Miller's RMM Blog
Updated routinely by Dr. Michael J. Miller, our RMM blog will keep you informed of new and noteworthy technologies, reviews of recent publications and presentations, upcoming conferences and training events, and what's changing in the RMM world. You can also follow our blog on Twitter, Facebook, and LinkedIn.
Please click here to view all Blog posts.
By RapidMicro
In: NIH, TB, tuberculosis, WHO
Rapid Test Allows for Earlier Diagnosis of Tuberculosis in Children
A new test for diagnosing tuberculosis (TB) in children detects roughly two-thirds of cases identified by the current culture test, but in a fraction of the time, according to the results of a study in South Africa supported by the National Institutes of Health.
The test, known as Xpert MTB/RIF, also detected five times the number of cases identified by examining specimens under the microscope, a preliminary method for diagnosis that is often performed as an initial test, but which must be verified by the culture test.
Xpert MTB/RIF results from respiratory secretions were ready in 24 hours, on average, compared with an average of more than two weeks for the culture test used in the study, the researchers found. Previous studies have shown that Xpert MTB/RIF is effective for diagnosing TB in adults and in children with pronounced symptoms of TB who have been admitted to a hospital. Diagnosing TB in children is more difficult than diagnosing it in adults, because children tend to have much lower levels of the TB bacteria than do adults.
The results of the current study indicated that the ease and speed of diagnosis would be useful for children seen in clinics in resource-limited countries, which often lack the resources for traditional testing that are available in hospitals. The test also was able to identify children with drug resistant TB. In addition, the researchers found that Xpert can readily determine when treatment for tuberculosis is not appropriate. Among children who did not in fact have TB, the results of the Xpert test came back negative for TB with 99 percent accuracy.
Xpert MTB/RIF was developed with funding from the NIH’s National Institute of Allergy and Infectious Diseases NIH’s National Institute of Allergy and Infectious Diseases. Testing of Xpert MTB/RIF in children was funded by NICHD.
Preliminary diagnosis of TB is often made by collecting a sample of lung secretions and examining the sample under a microscope to see if it contains the bacteria that cause TB. A sample is also sent to a laboratory so the bacteria can be cultured and identified. It may take as long as six weeks for the culture test to show a positive result. Because, children have lower levels of infectious bacteria than do adults, it is more difficult to detectthe bacteria under a microscope and to grow it in a culture. For this reason, accurately diagnosing TB in children has been difficult.
“The availability of this test in primary care settings can help children get appropriate treatment faster,” said Lynne M. Mofenson, M.D., of the Maternal and Pediatric Infectious Disease Branch of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), the NIH institute that funded the study. “Looking at a specimen under the microscope, often used for initial diagnosis of TB in adults, is very inaccurate in children.”
The Xpert MTB/RIF test also detects TB strains that are resistant to the drug rifampicin, allowing physicians to more accurately prescribe an appropriate treatment, said Carol Worrell, M.D., also of the NICHD’s MPIDB. This is particularly important in areas where drug-resistant TB is common, such as South Africa.
The World Health Organization estimated that in 2011 there were 500,000 TB cases and 64,000 deaths among those younger than 15 years.
The study was led by first author Heather J. Zar, M.D., Ph.D., of the University of Cape Town and Red Cross War Memorial Children’s Hospital, also in Cape Town, South Africa; and Mark P. Nicol, Ph.D, also of the University of Cape Town and the South African National Health Laboratory Service at Groote Schuur Hospital, Cape Town.
The findings appear in The Lancet Global Health.
“There has been a perception amongst health care workers that rapid diagnosis of TB in children wouldn’t be possible in primary care, but this study disproves that view, Dr. Zar said. “Given our results, widespread adoption of rapid testing for TB and drug resistance in children may substantially improve public health without greatly increasing costs.”
Dr. Zar and her colleagues collected almost 1500 samples from nearly 400 children who went to a primary care clinic with symptoms of TB. Collecting the samples — secretions from the lungs, the nasal passages or both — requires special equipment and trained clinical staff. The researchers compared the results from the Xpert MTB/RIF test, examination of samples under a microscope, and from growing the tuberculosis bacteria in laboratory cultures. Bacterial culture is the most accurate method for diagnosing TB.
Of the 30 TB cases detected by culture, 19 (63 percent) were positive by the Xpert MTB/RIF test on lung or nasal samples, while examining the samples under the microscope turned up only four cases (13 percent). Adding a second test (of a second lung or nasal passage sample) improved the detection rate for both culture and Xpert MTB/RIF.
In some cases, researchers started TB treatment for children they suspected had TB based on their symptoms. Xpert MTB/RIF identified seven children who had clinical symptoms of tuberculosis and responded well to treatment for tuberculosis, but whose tuberculosis had not been detected by the tuberculosis culture test. This might occur when a child is sick with TB, but the bacteria are at especially low levels, or because a sample did not contain enough of the bacteria present in the child’s body to appear when cultured, Dr. Mofenson explained. The total number of cases detected by culture (30 cases) and by XpertMTB/RIF (26 cases) was similar.
“Because of the global burden of this disease among children, it’s vital to make rapid, accurate diagnostic tests available in primary care settings in order to identify the disease and start treatment before children end up in the hospital,” said Dr. Worrell. “NICHD recognizes the value of supporting research to improve the accuracy of TB diagnosis in children, reduce the number of samples required, and make diagnostic tools widely accessible.”
About the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD): The NICHD sponsors research on development, before and after birth; maternal, child, and family health; reproductive biology and population issues; and medical rehabilitation. For more information, visit the Institute’s website at http://www.nichd.nih.gov.
Source: HealthCanal
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Encyclopedia > Tate Modern
Tate Modern is Britain's new national museum of modern art in London and, along with the Tate Britain, Tate Liverpool and Tate St. Ives[?] a part of the Tate Gallery.
It is housed in the former Bankside Power Station[?], which was originally designed by Sir Giles Gilbert Scott, the architect responsible for Battersea Power Station, and built in two stages between 1947 and 1963. The power station closed in 1981. The building was converted by architects Herzog & de Meuron. Since its opening on May 12, 2000 it has become a very popular destination for Londoners and tourists.
The official web site of Tate Modern (http://www.tate.org.uk/modern/default.htm)
Gallery plan (http://www.tate.org.uk/modern/galleryplan.htm)
... a complete assessment is impossible on publically available information. Whilst the Typhoon lacks the all-aspect stealth technology of the F/A-22, the design does ...
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Mourinho has no sympathy for Fulham over fixture switch
Spurs had been due to play Aston Villa on Wednesday, but a coronavirus outbreak at the Midlands club forced a postponement on Monday.
AFP , Tuesday 12 Jan 2021
Tottenham's manager Jose Mourinho answers questions during an interview after his team's 5-0 win in the English FA Cup third round soccer match between Marine and Tottenham Hotspur at Rossett Park stadium in Crosby, Liverpool, Sunday, Jan. 10, 2021. AP
Tottenham boss Jose Mourinho says Fulham have little reason to complain about being told to play a Premier League game at short notice as his opposite number Scott Parker called the scheduling "scandalous".
The Premier League acted quickly to put Spurs' match with the Cottagers into the vacant slot after the original fixture was postponed with three hours' notice on December 30 due to a Covid-19 outbreak in Parker's squad.
The Fulham boss criticised the decision, with their game against Chelsea scheduled for Friday also put back 24 hours.
But Mourinho, who had feared a crippling fixture pile-up for Tottenham, offered little sympathy given the short notice of the original game's postponement.
Asked whether Fulham had a right to be upset, Mourinho said on Tuesday: "Are you serious? They had 48 hours to prepare for this game. You think so? I had the news I was not going to play them two hours before the game started."
"The biggest impact is to have matches postponed," he added. "That is the biggest impact.
"The changing of the order of the matches, the impact is minimal because in the end you have to play 19 matches at home and away, you have to play two matches against every team.
"So if it's to help the Premier League to go and to end properly, I think it is a solution we all have to accept as a positive solution."
Parker, who played under Mourinho when the Portuguese was in charge at Chelsea, was furious with the decision.
"I am normally the last one to moan or whine," he said. "To confirm a Premier League game at 09:30 on Monday morning is scandalous."
Parker, whose side are third from bottom of the table, said league chiefs had no idea what it took to prepare for a particular opponent.
"It's not about the fixture," he said. "I accept we have to play but it's the notice. The people making these decisions don't understand."
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You are at:Home»Featured»The Beatification of John Paul II: The Vatican Prepares
The Beatification of John Paul II: The Vatican Prepares
By Dr. Robert Moynihan on April 29, 2011 Featured, On Media
The greatest fear now is… the weather.
Because the weather reports on Friday afternoon in Rome say that there will be light rain Saturday night, and light rain showers on Sunday morning.
And if there is rain, everything about this historic beatification, which is shutting down all auto traffic in the entire area around St. Peter’s Square starting on Saturday at one o’clock in the afternoon, will grow more complicated.
But hundreds of thousands of pilgrims who revered and loved Pope John Paul II and wish to be present at the moment of his beatification on Sunday morning are still expected to congregate in front of Piazza San Pietro throughout Saturday night, waiting patiently — even in the rain — until the entrances to the piazza open at 5:30 in the morning.
The Mass will begin at 10 am. Pope Benendict XVI is expected to arrive at 9:55 am.
At a final Vatican Press Conference regarding the beatification this morning, Father Federico Lombardi, S.J., told journalists that there are no official previsions for how many people will be present when the Mass begins.
Current published estimates say Roman authorities expect some 300,000 people, but whispered rumors are circulating that the number may be 500,000, or even 1 million.
If such numbers do choose to attend the beatification, in spite of possible rain, it will be a dramatic testimony to the power of the message and spiritual vision of Pope John Paul II, six years after his death on April 2, 2005.
The Vatican has accredited 2,300 journalists to cover this event: 1,300 from television stations, 700 from magazines and newspapers, 230 photographers, and 250 from radio stations. The total number of nations represented by these journalists: 101. This is the clearest, simplest indication that the beatification is a global event of global interest.
Journalists themselves are concerned that they will not be able to reach St. Peter’s Square. We are being told to come to the Press Office or a special section in the Square reserved for journalists between 4 and 5:30 am. After 5:30 am, officials say, we may not be able to make our way through the crowds which will circle St. Peter’s Square.
The past 10 days included memorable experiences on a pilgrimage with a small group, as I mentioned in my last email. We traveled from Assisi, home of St. Francis, to Norcia, where Father Cassian Folsom, O.S.B., is rebuilding an abandoned Benedictine monastery at the birthplace of St. Benedict, to Cascia, the home of St. Rita, patroness of impossible causes, to Rome, where we were able to attend to be near Pope Benedict as he celebrated the solemn Easter Vigil and joyful Easter Sunday Masses.
The beatification of Pope John Paul will bring this pilgrimage to a conclusion.
If the sun breaks through the clouds on Sunday morning, well, that will be a blessing for many on that special morning.
Previous ArticleA Royally Happy Outcome
Next Article Appeals Court Lifts Research Ban on Embryonic Stem Cells
Dr. Robert Moynihan
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The Punxsutawney Spirit
Delivery Concerns
KnowledgeLake Named Finalist in 2019-2020 Cloud Awards
December 18, 2019 at 12:04 PM EST
ST. LOUIS - December 18, 2019 - (Newswire.com)
KnowledgeLake has been declared a finalist this week in the international Cloud Computing Awards program, The Cloud Awards.
Since 2011, The Cloud Awards program has sought to champion excellence and innovation in cloud computing. Entries are accepted throughout the globe and across multiple industry sectors.
Categories for the 2019-2020 Cloud Awards include “Security Innovation of the Year,” “Best Software as a Service,” and “Best Cloud Automation Solution.”
KnowledgeLake has been shortlisted in the category “Best Cloud Automation Solution.”
Ron Cameron, KnowledgeLake CEO, said: “To be shortlisted for our work in this international program is not only an honor but clear recognition of the successes and customer satisfaction we strive to achieve with leading cloud technologies.”
Head of Operations for the Cloud Awards, James Williams, said: “Simply, KnowledgeLake has recognized the importance of adopting and pioneering leading cloud technologies in order to deliver outstanding client success, which is why they’re a deserving finalist in the Cloud Awards program.
“We see organizations not only adopting leading technologies but constantly innovating and leveraging their expertise to provide unprecedented levels of customer satisfaction. We’ve seen a big uptick in businesses deserving recognition for their work in cloud automation, cloud security and mobile solutions. We expect these to be huge growth areas in the coming years.
“Meanwhile, it’s a short wait for our host of leading innovators, as the winners of the Cloud Awards 2019-2020 will be announced in the New Year.”
Hundreds of organizations entered, with entries coming from across the globe, covering the Americas, Australia, Europe, and the Middle East. You can view the full shortlist here: https://www.cloud-awards.com/cloud-computing-awards/.
Final winners will be announced on Thursday, Jan. 30, 2020.
About the Cloud Awards
The Cloud Awards is an international program which recognizes and honors industry leaders, innovators and organizational transformation in cloud computing. The awards are open to large, small, established and startup organizations from across the entire globe, with an aim to find and celebrate the pioneers who will shape the future of the Cloud as we move into 2020 and beyond. The Cloud Awards currently offers two awards programs, the Cloud Computing Awards, and the Software-as-a-Service Awards.
Categories for the Cloud Computing Awards include Most Promising Startup, Best SaaS, and “Best in Mobile” Cloud Solution. Finalists were selected by a judging panel of international industry experts. For more information about the Cloud Awards, please visit https://www.cloud-awards.com/.
About KnowledgeLake
KnowledgeLake provides content management solutions that help busy organizations intelligently automate their most important document processes. Since 1999, we've created award-winning, Microsoft-centric solutions that have helped thousands of companies around the world focus on their mission rather than their mission-critical documents. As a four-time Microsoft Partner of the Year, we enable the Microsoft partner ecosystem with tools to extend the value of Microsoft’s business-critical technologies for the benefit of all Microsoft customers.
Yeni Hoo | yeni.hoo@knowledgelake.com
Tori Cameron | tori.cameron@knowledgelake.com
Original Source: KnowledgeLake Named Finalist in 2019-2020 Cloud Awards
Copyright © 2015 The Punxsutawney Spirit | 510 Pine Street | Punxsutawney, PA 15767 | 814-938-8740
All property rights for the entire contents of this publication shall be the property of The Punxsutawney Spirit.
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People v. Sanchez
THE PEOPLE, Plaintiff and Respondent,
MARCOS ARTURO SANCHEZ, Defendant and Appellant.
Orange County Super. Ct. No. 11CF2839, Ct.App. 4/3 G047666
John L. Dodd, under appointment by the Supreme Court, for Defendant and Appellant.
Lisa M. Romo for Pacific Juvenile Defender Center as Amicus Curiae on behalf of Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette and Gerald A. Engler, Chief Assistant Attorneys General, Julie L. Garland, Assistant Attorney General, Steven T. Oetting, Deputy State Solicitor General, Peter Quon, Jr., Susan Miller and Lynne McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.
Corrigan, J.
In Crawford v. Washington (2004) 541 U.S. 36 (Crawford), the United States Supreme Court held, with exceptions not relevant here, that the admission of testimonial hearsay against a criminal defendant violates the Sixth Amendment right to confront and cross-examine witnesses. Here we consider the degree to which the Crawford rule limits an expert witness from relating case-specific hearsay content in explaining the basis for his opinion. In addition, we clarify the proper application of Evidence Code sections 801 and 802, relating to the scope of expert testimony.
We hold that the case-specific statements related by the prosecution expert concerning defendant's gang membership constituted inadmissible hearsay under California law. They were recited by the expert, who presented them as true statements of fact, without the requisite independent proof. Some of those hearsay statements were also testimonial and therefore should have been excluded under Crawford. The error was not harmless beyond a reasonable doubt. Accordingly, we reverse the jury findings on the street gang enhancements.
I. FACTS
On October 16, 2011, two uniformed Santa Ana police officers made eye contact with defendant Marcos Arturo Sanchez, who was standing nearby. He reached into an electrical box with one hand, then ran upstairs into an apartment while holding his other hand near his waistband. When told defendant did not live in the apartment, the officers entered and apprehended him. A boy who had been in the apartment testified the man arrested was a stranger who ran through the residence and into the bathroom. A loaded gun and a plastic baggie were found on a tarp several feet below the bathroom window. The items appeared to have been recently deposited. The downstairs neighbor, who owned the tarp, testified the items were not his and he had given no one permission to place them there. The baggie contained 14 bindles of heroin and four baggies of methamphetamine, all packaged for sale. Sanchez was charged with possession of a firearm by a felon, possession of drugs while armed with a loaded firearm, active participation in the "Delhi" street gang, and commission of a felony for the benefit of the Delhi gang.[1] He was also alleged to have been convicted of a felony for which he had served a state prison sentence.[2]
Santa Ana Police Detective David Stow testified for the prosecution as a gang expert. He had been a gang suppression officer for 17 of his 24 years on the force. His experience included investigating gang-related crime; interacting with gang members, as well as their relatives; and talking to other community members who may have information about gangs and their impact on the areas where they operate. As part of his duties, Stow read reports about gang investigations; reviewed court records relating to gang prosecutions; read jail letters; and became acquainted with gang symbols, colors, and art work. He had received over 100 hours of formal training in gang recognition and subcultures, offered by various law-enforcement agencies in Southern California and around the nation. He had been involved in over 500 gang-related investigations.
As part of the department's efforts to control gang activity, officers issue what are known as "STEP notices"[3] to individuals associating with known gang members. The purpose of the notice is to both provide and gather information. The notice informs the recipient that he is associating with a known gang; that the gang engages in criminal activity; and that, if the recipient commits certain crimes with gang members, he may face increased penalties for his conduct. The issuing officer records the date and time the notice is given, along with other identifying information like descriptions and tattoos, and the identification of the recipient's associates. Officers also prepare small report forms called field identification or "FI" cards that record an officer's contact with an individual. The form contains personal information, the date and time of contact, associates, nicknames, etc. Both STEP notices and FI cards may also record statements made at the time of the interaction.
Stow testified generally about gang culture, how one joins a gang, and about the Delhi gang in particular. Gangs have defined territories or turf that they control through intimidation. They commit crimes on their turf and protect it against rivals. Nonmembers who sell drugs in the gang's territory and who do not pay a "tax" to the gang risk death or injury. The Delhi gang is named after a park in its territory and has over 50 members. Its primary activities include drug sales and illegal gun possession. Defendant was arrested in Delhi turf. Stow testified about convictions suffered by two Delhi members to establish that Delhi members engage in a pattern of criminal activity. (Pen. Code, § 186.22, subds. (e), (f).)
The questioning then turned to defendant. The prosecutor asked Stow if he was aware that defendant received a STEP notice on June 14, 2011. The prosecutor inquired, "Did the defendant indicate to the police officer in the STEP notice that the defendant for four years had kicked it with guys from Delhi?" and "did the defendant also indicate ‘I got busted with two guys from Delhi?' " Stow responded, "Correct" to both. He explained that "kicking it" means "hanging out and associating" with gang members and that people often used the phrase to avoid openly admitting gang membership.
The prosecutor next asked about four other police contacts with defendant between 2007 and 2009. Stow gave the details of each, relating statements contained in police documents: (1) On August 11, 2007, defendant's cousin, a known Delhi member, was shot while defendant stood next to him. Defendant told police then that he grew up "in the Delhi neighborhood." (2) On December 30, 2007, defendant was with Mike Salinas when Salinas was shot from a passing car. Salinas, a documented Delhi member, identified the perpetrator as a rival gang member. (3) On December 4, 2009, an officer contacted defendant in the company of documented Delhi member John Gomez and completed an FI card. (4) Five days later, on December 9, 2009, defendant was arrested in a garage with Gomez and Delhi member Fabian Ramirez. Inside the garage, police found "a surveillance camera, Ziploc baggies, narcotics, and a firearm."
In preparing for trial, Stow compiled a "gang background" on defendant that included the STEP notice and defendant's statements, his contacts with police while in the company of Delhi members, and the circumstances of the present case occurring in Delhi territory. Based on this information, Stow opined that defendant was a member of the Delhi gang. The prosecutor then asked a lengthy hypothetical in which he asked Stow to assume that (1) a Delhi gang member, "who's indicated to the police he kicks it with Delhi and has been contacted in a residence where narcotics and a firearm have been found in the past, " is contacted by police in Delhi territory on October 16, 2011; (2) that gang member "grabbed something, and then grabs his waistband" as he runs up the stairs into an apartment; and (3) he runs into the bathroom and police later find a loaded firearm and drugs on a tarp outside the bathroom window. Assuming those facts, Stow gave his opinion that the conduct benefitted Delhi because the gang member was willing to risk incarceration by possessing a firearm and narcotics for sale in Delhi's turf. Stow added that this conduct also created fear in the community redounding to Delhi's benefit.
On cross-examination, Stow admitted he had never met defendant. He was not present when defendant was given the STEP notice, or during any of defendant's other police contacts. Stow's knowledge of the two shootings, as well as the 2009 garage incident, was derived from police reports. His knowledge of the December 4, 2009, contact was based on the FI card. Stow clarified that an officer may fill out an FI card or issue a STEP notice to someone not engaged in any crime or suspicious behavior.
The jury convicted defendant as charged.[4] The Court of Appeal reversed defendant's conviction for active gang participation[5] and otherwise affirmed. We granted defendant's petition for review.
Defendant contends the expert's description of defendant's past contacts with police was offered for its truth and constituted testimonial hearsay. He urges its admission violated the federal confrontation clause because the declarants were not unavailable and he had not been given an earlier opportunity to cross-examine them. The Attorney General responds that the statements upon which the gang expert based his opinions were not admitted for their truth and, even if they had been, most of the statements were not testimonial.
We first address whether facts an expert relates as the basis for his opinion are properly considered to be admitted for their truth. The confrontation clause "does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted." (Crawford, supra, 541 U.S. at p. 59, fn. 9.) If the Attorney General is correct that statements offered as the basis for an opinion are not admitted for their truth, the statements are not hearsay and our inquiry is at an end. If defendant is correct, the propriety of the statements' admission in this case would turn on whether they constitute testimonial hearsay.
A. State Evidentiary Rules for Hearsay
Hearsay may be briefly understood as an out-of-court statement offered for the truth of its content. Evidence Code section 1200, subdivision (a) formally defines hearsay as "evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." A "statement" is "oral or written verbal expression" or the "nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression." (Evid. Code, § 225.) Senate committee comments to Evidence Code section 1200 explain that a statement "offered for some purpose other than to prove the fact stated therein is not hearsay." (Sen. Com. on Judiciary com., 29B pt. 4 West's Ann. Evid. Code (2015 ed.) foll. § 1200, p. 3; see People v. Davis (2005) 36 Cal.4th 510, 535-536.) Thus, a hearsay statement is one in which a person makes a factual assertion out of court and the proponent seeks to rely on the statement to prove that assertion is true. Hearsay is generally inadmissible unless it falls under an exception. (Evid. Code, § 1200, subd. (b).) Nothing in our opinion today changes the basic understanding of the definition of hearsay.
Documents like letters, reports, and memoranda are often hearsay because they are prepared by a person outside the courtroom and are usually offered to prove the truth of the information they contain. Documents may also contain multiple levels of hearsay. An emergency room report, for example, may record the observations made by the writer, along with statements made by the patient. If offered for its truth, the report itself is a hearsay statement made by the person who wrote it. Statements of others, related by the report writer, are a second level of hearsay. Multiple hearsay may not be admitted unless there is an exception for each level. (People v. Riccardi (2012) 54 Cal.4th 758, 831 (Riccardi).) For example, in the case of the emergency room document, the report itself may be a business record (Evid. Code, § 1270 et seq.), while the patient's statement may qualify as a statement of the patient's existing mental or physical state (Evid. Code, § 1250, subd. (a)).
B. State Evidentiary Rules for Expert Testimony
While lay witnesses are allowed to testify only about matters within their personal knowledge (Evid. Code, § 702, subd. (a)), expert witnesses are given greater latitude. "A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates." (Evid. Code, § 720, subd. (a).) An expert may express an opinion on "a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code, § 801, subd. (a).) In addition to matters within their own personal knowledge, experts may relate information acquired through their training and experience, even though that information may have been derived from conversations with others, lectures, study of learned treatises, etc. This latitude is a matter of practicality. A physician is not required to personally replicate all medical experiments dating back to the time of Galen in order to relate generally accepted medical knowledge that will assist the jury in deciding the case at hand. An expert's testimony as to information generally accepted in the expert's area, or supported by his own experience, may usually be admitted to provide specialized context the jury will need to resolve an issue. When giving such testimony, the expert often relates relevant principles or generalized information rather than reciting specific statements made by others.
The jury is not required to accept an expert's opinion. The final resolution of the facts at issue resides with the jury alone. The jury may conclude a fact necessary to support the opinion has not been adequately proven, even though there may be some evidence in the record tending to establish it. If an essential fact is not found proven, the jury may reject the opinion as lacking foundation. Even if all the necessary facts are found proven, the jury is free to reject the expert's opinion about them as unsound, based on faulty reasoning or analysis, or based on information the jury finds unreliable. The jury may also reject an opinion because it finds the expert lacks credibility as a witness.
The hearsay rule has traditionally not barred an expert's testimony regarding his general knowledge in his field of expertise. "[T]he common law recognized that experts frequently acquired their knowledge from hearsay, and that ‘to reject a professional physician or mathematician because the fact or some facts to which he testifies are known to him only upon the authority of others would be to ignore the accepted methods of professional work and to insist on... impossible standards.' Thus, the common law accepted that an expert's general knowledge often came from inadmissible evidence." (Volek, Federal Rule of Evidence 703: The Back Door and the Confrontation Clause, Ten Years Later (2011) 80 Fordham L.Rev. 959, 965, fn. omitted, quoting 1 Wigmore, A Treatise on the Anglo-American System of Evidence in Trials at Common Law (2d ed. 1923) § 665; see Simons, Cal. Evidence Manual (2014) § 4:23, pp. 313-316.) Knowledge in a specialized area is what differentiates the expert from a lay witness, and makes his testimony uniquely valuable to the jury in explaining matters "beyond the common experience of an ordinary juror." (People v. McDowell (2012) 54 Cal.4th 395, 429; see Evid. Code, § 801, subd. (a).) As such, an expert's testimony concerning his general knowledge, even if technically hearsay, has not been subject to exclusion on hearsay grounds.
By contrast, an expert has traditionally been precluded from relating case-specific facts about which the expert has no independent knowledge. Case-specific facts are those relating to the particular events and participants alleged to have been involved in the case being tried. Generally, parties try to establish the facts on which their theory of the case depends by calling witnesses with personal knowledge of those case-specific facts. An expert may then testify about more generalized information to help jurors understand the significance of those case-specific facts. An expert is also allowed to give an opinion about what those facts may mean. The expert is generally not permitted, however, to supply case-specific facts about which he has no personal knowledge. (People v. Coleman (1985) 38 Cal.3d 69, 92 (Coleman).)
Going back to the common law, this distinction between generally accepted background information and the supplying of case-specific facts is honored by the use of hypothetical questions. "Using this technique, other witnesses supplied admissible evidence of the facts, the attorney asked the expert witness to hypothetically assume the truth of those facts, and the expert testified to an opinion based on the assumed facts...." (Imwinkelried, The Gordian Knot of the Treatment of Secondhand Facts Under Federal Rule of Evidence 703 Governing the Admissibility of Expert Opinions: Another Conflict Between Logic and Law (2013) 3 U.Den. Crim. L.Rev. 1, 5; see Simons, Cal. Evidence Manual, supra, § 4:32, pp. 326-327; 2 Wigmore, Evidence (Chadbourn ed. 1978) § 672, p. 933, italics omitted.) An examiner may ask an expert to assume a certain set of case-specific facts for which there is independent competent evidence, then ask the expert what conclusions the expert would draw from those assumed facts. If no competent evidence of a case-specific fact has been, or will be, admitted, the expert cannot be asked to assume it. The expert is permitted to give his opinion because the significance of certain facts may not be clear to a lay juror lacking the expert's specialized knowledge and experience.
The following examples clarify these general principles and their distinctions.
(1) That 15 feet of skid marks were measured at an auto accident scene would be case-specific information. Those facts could be established, for example, through the testimony of a person who measured the marks. How automobile skid marks are left on pavement and the fact that a given equation can be used to estimate speed based on those marks would be background information an expert could provide. That the car leaving those marks had been traveling at 80 miles per hour when the brakes were applied would be the proper subject of an expert opinion.
(2) That hemorrhaging in the eyes was noted during the autopsy of a suspected homicide victim would be a case-specific fact. The fact might be established, among other ways, by the testimony of the autopsy surgeon or other witnesses who saw the hemorrhaging, or by authenticated photographs depicting it. What circumstances might cause such hemorrhaging would be background information an expert could provide. The conclusion to be drawn from the presence of the hemorrhaging would be the legitimate subject for expert opinion.
(3) That an associate of the defendant had a diamond tattooed on his arm would be a case-specific fact that could be established by a witness who saw the tattoo, or by an authenticated photograph. That the diamond is a symbol adopted by a given street gang would be background information about which a gang expert could testify. The expert could also be allowed to give an opinion that the presence of a diamond tattoo shows the person belongs to the gang.
(4) That an adult party to a lawsuit suffered a serious head injury at age four would be a case-specific fact. The fact could be established, inter alia, by a witness who saw the injury sustained, by a doctor who treated it, or by diagnostic medical records. How such an injury might be caused, or its potential long-term effects, would be background information an expert might provide. That the party was still suffering from the effects of the injury and its manifestations would be the proper subject of the expert's opinion.
At common law, the treatment of an expert's testimony as to general background information and case-specific hearsay differed significantly. However, the line between the two has now become blurred. Both the common law and early California law recognized two exceptions to the general rule barring disclosure of, and reliance on, otherwise inadmissible case-specific hearsay. These exceptions covered testimony about property valuation and medical diagnoses. As to the former, "courts recognized that experts frequently derived their knowledge by both custom and necessity from sources that were technically hearsay-price lists, newspapers, information about comparable sales, or other secondary sources." (Kaye et al., The New Wigmore: Expert Evidence (2d ed. 2011) § 4.5.1, p. 154; see In re Cliquot's Champagne (1865) 70 U.S. 114, 141.) Likewise, physicians often relied on patients' hearsay descriptions of their symptoms to form diagnoses. (See Barber v. Merriam (Mass. 1865) 93 Mass. 322, 324-326; see also Kaye et al., § 4.5.1, p. 155; People v. Wilson (1944) 25 Cal.2d 341, 348; Betts v. Southern California Fruit Exch. (1904) 144 Cal. 402, 408; People v. Shattuck (1895) 109 Cal. 673, 678-679; Hammond Lumber Co. v. Los Angeles County (1930) 104 Cal.App. 235, 248.)
The justification for these exceptions was threefold: "the routine use of the same kinds of hearsay by experts in their conduct outside the court; the experts' experience, which included experience in evaluating the trustworthiness of such hearsay sources; and the desire to avoid needlessly complicating the process of proof...." (Kaye et al., The New Wigmore: Expert Evidence, supra, § 4.5.1, p. 155; see 3 Wigmore, Evidence, supra, § 688, p. 4.)
The Legislature's enactment of the Evidence Code in 1965 generalized these common law exceptions. Evidence Code section 801, subdivision (b) provides that an expert may render an opinion "[b]ased on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion." (Italics added.) Similarly, Evidence Code section 802 allows an expert to "state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion." Under this approach, the reliability of the evidence is a key inquiry in whether expert testimony may be admitted. The California Law Revision Commission comments accompanying the code noted that Evidence Code section 801, subdivision (b) "assures the reliability and trustworthiness of the information used by experts in forming their opinions." (Cal. Law Revision Com. com., reprinted at 29B pt. 3A West's Ann. Evid. Code (2009 ed.) foll. § 801, p. 26.)
Accordingly, in support of his opinion, an expert is entitled to explain to the jury the "matter" upon which he relied, even if that matter would ordinarily be inadmissible. When that matter is hearsay, there is a question as to how much substantive detail may be given by the expert and how the jury may consider the evidence in evaluating the expert's opinion. It has long been the rule that an expert may not " ‘under the guise of reasons [for an opinion] bring before the jury incompetent hearsay evidence.' " (Coleman, supra, 38 Cal.3d at p. 92.) Courts created a two-pronged approach to balancing "an expert's need to consider extrajudicial matters, and a jury's need for information sufficient to evaluate an expert opinion" so as not to "conflict with an accused's interest in avoiding substantive use of unreliable hearsay." (People v. Montiel (1993) 5 Cal.4th 877, 919 (Montiel).) The Montiel court opined that "[m]ost often, hearsay problems will be cured by an instruction that matters admitted through an expert go only to the basis of his opinion and should not be considered for their truth. [Citation.] [¶] Sometimes a limiting instruction may not be enough. In such cases, Evidence Code section 352 authorizes the court to exclude from an expert's testimony any hearsay matter whose irrelevance, unreliability, or potential for prejudice outweighs its proper probative value. [Citation.]" (Ibid., citing Coleman, supra, 38 Cal.3d at pp. 91-93.) Thus, under this paradigm, there was no longer a need to carefully distinguish between an expert's testimony regarding background information and case-specific ...
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Balboa Day
There are two separate holidays on September 25, celebrated in 4 hemispheres, that collectively mark the beginning and the end of colonialism.
Balboa plays "wave-jump" in the Pacific
Vasco Nunez de Balboa was 26 in 1500. It was only 8 years after Columbus’s first voyage, and the young Spaniard sought adventure in the New World. Balboa joined the crew of an expedition headed west to Hispaniola (Cuba) and on to Colombia with the purpose of establishing a settlement.
Due to lack of men, the Spanish were unable to maintain a colony in Colombia. Balboa returned to Hispaniola and pursued Plan B: pig farming. Evidently, Balboa was not a very good pig farmer. He went broke, and was even unable to join the next mission to Colombia because he owed so much money.
The following year he didn’t ask. He snuck aboard a ship carrying supplies to the new settlement.
When the ship arrived in South America the newbies found the Spanish colony deserted. Unable to defend the colony or to sustain their food supply, the Spanish settlers had hightailed it back home. Balboa, who had some familiarity with the land, recommended the group move west, where the indigenous tribes were more peaceful. Thus, the stowaway became the group’s unofficial leader.
Balboa and his crew had many riotous adventures, making slaves of the native populations, stealing gold, and setting wild dogs upon 40 natives exercising the “foulest vice” of male-love. (Right)
In 1513, Balboa heard rumors of a sea to the south, across what is now Panama. Balboa led a group of 90 men southwest across the isthmus. On September 25, 1513, Balboa scaled the highest summit and became the first European to set eyes upon the eastern half of the Pacific Ocean.
Unable to fathom its vastness, he called it the “South Sea” because it appeared to follow Panama’s southern shore.
It was downhill from there for Balboa, literally and figuratively.
A few years later a new governor arrived in town, appointed by the King of Spain. To ensure Balboa would not usurp him, the governor accused Balboa of treason. Balboa and 4 of his men were tried and beheaded in 1519.
Armed Forces Day – Mozambique
From the Northern and Western Hemispheres we move half a world and four and a half centuries later to the coast of Africa.
In the 1500s, Portugal owned half the world (’cause the Pope said so). By the 1960s, the former Iberian powerhouse was tightly clenching its few remaining colonies.
Spurred on by success in Tanzania, FRELIMO, Mozambique’s anti-colonialist liberation party, formed (illegally) in 1962, and received support from China and the Soviet Union. On September 25, 1964, FRELIMO went militant, attacking a Portuguese base in Cabo Delgado.
The fight for independence would be bloody and costly, lasting over a decade. Ultimately, Mozambique won independence, like other Portuguese colonies, because of a government coup in Portugal in 1974. Thus ending almost 500 years of Iberian colonialism in Africa and the Americas.
In memory of that bloody first day, September 25 is Armed Forces Day in Mozambique.
CategoriesMozambique, Panama, September Tagscolonialism
One Reply to “Balboa Day”
Rizky says:
Who celebrated the Balboa Day?
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Lonavala Tourism
https://www.trawell.in –
Lonavala is a beautiful hill station in Pune district of Maharashtra. It lies at an altitude of 622 m in the Sahayadri Ranges which separate the Deccan Plateau and the Konkan Coast. Lonavala is one of the famous Tourist plaes in Maharashtra and among the top hill stations in Maharashtra. This is among the best places to visit near Mumbai & Pune.
Created by hruday_16 2 years 50 weeks ago – Made popular 2 years 50 weeks ago
Category: Travel Tags:
Panchgani Tourism 3 years 14 weeks ago
Panchgani also called Paachgani is a famous hill station and municipal council in Satara district of Maharashtra. It is one of the top hill resorts in Maharashtra and among the best hill stations near Pune & Mumbai cities. Panchgani is one of the popular Tourist places in Maharashtra and also an ideal weekend getaways near Pune for a 2 day trip.
12 Best Places to Visit Near in Pune for One Day Trip 2 years 15 weeks ago
12 Best Places to Visit Near in Pune for One Day Trip
Kamshet is located in Pune district in the state of Maharashtra, India, 110 km from Mumbai City, and 35 km from Pune in Pune district. It is 16 km from the twin hill stations of Khandala and Lonavala and is accessible by road and rail from Mumbai (Bombay) and Pune.
Best Tourist Destinations in Lonavala 3 years 19 weeks ago
Charismatic sceneries, charming locations and spectacular beauty of Lonavala are something that makes the stay of guests memorable and pleasing. The place is famous as a hill station which is surrounded by the magnificent ranges of Sahyadri on the Deccan Plateau. Famous as weekend getaway destination from Pune and Mumbai, the place holds a prominent position among the travellers. People being on Mumbai day tours can also explore this small place and enjoy the sightseeing places which will make your tour memorable.
Where to Have a Joyful Stay in Lonavala? 4 years 38 weeks ago
Lonavala has been the most cherished weekend getaway from both Mumbai and Pune. The way that it is located at a an approachable distance of around 100 km from Mumbai and around 60 km from Pune, Lonavala has during the time created from a captivating hill station to a champion amongst the most frequented destinations around Mumbai! In spite of the fact that there is almost nothing very exciting as such to do in the town, Lonavala is venerated for the way that it is truly close yet a long way from the city and its commotion.
Lonavala – History, Culture, Best Time To Visit and Best Attractions 3 years 32 weeks ago
Beautiful Hill station of North India, Lonavala or Lonavala which is a beautiful place which is located about 64 km from Pune and 96 km from Mumbai. Famous as “City of Caves” the place has a boon of lush greenery, deep valleys and charming atmosphere which will make your India Tours pleasing. It is the months of monsoon season that the place is being at the peak of its grandeur.
Ganpatipule Tourism 2 years 43 weeks ago
Ganpatipule is a small pilgrimage & beach town located in the Ratnagiri district of Maharashtra. Ganpatipule is one of teh top Maharashtra tourist places and also one of the best places to visit near Pune. Ganpatipule Beach is one of the most spectacular beaches along the konkan Coast in Maharashtra.
Hill Stations near Mumbai 3 years 18 weeks ago
Mumbai, the entertainment capital and India's financial powerhouse, is the capital of the Indian State of Maharashtra. Mumbai was named an alpha World Coity. It is the wealthiest city in India with highest number of billionaires and is also one of the best places to experience the Tourism in Maharashtra. Here are the map, directions and things to in hill stations near Mumbai.
Cabs From Mumbai to Lonavala | Mumbai to Lonavala taxi service | Mumbai to Lonavala taxi | Mumbai to Lonavala distance 4 years 4 days ago
movers and packers in lonavala | movers and packers in lonavala 5 years 19 weeks ago
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What is considered a criminal offence
Criminal offences. Classification of crimes in criminal cases. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways. Mar 26, 2020Since a criminal offence is considered to be committed against the state, a prosecutor is assigned to pursue the case against the alleged offender. In a civil suit, the wronged party files a suit, and must provide a representative to pursue the case against the defendant. Criminal cases have jail time as part of the penalty for guilt, along. criminal offense (criminal law) an act punishable by law; usually considered an evil act; a long record of crimes crime, criminal offence, lawbreaking, offense, offence evildoing, transgression the act of transgressing; the violation of a law or a duty or moral principle; the boy was punished for the transgressions of his father Sep 02, 2020This is the case when an individual performs an act that constitutes an offence in both Canada and the country in which the offence took place. Although the foreign equivalent of a Canadian criminal code infraction is the most common cause of inadmissibility, an offence that equates to a violation of any Canadian Federal law also results in. This section has information to help you when you go to court for a minor criminal offence. A crime occurs when a person breaks a law and commits an offence against the community in general o r against a particular victim. So, if a person blackmails you, then he or she is committing a criminal offense which is in turn considered a financial crime. Embezzling money is also another example of a financial crime, as to is money laundering. Evading your taxes is also considered a criminal offense as too is cybercrime. Sep 08, 2016The case received extensive media attention and the most widely discussed question within scholarly circles was: Should scientific misconduct be considered a criminal offense? Misconduct in research is a serious offence that amounts to the violation of professional ethics as well as public trust. The two elements of a criminal offence. For a criminal offence to occur there must be two main elements the prohibited conduct and the mental element of a guilty mind or intention. Unless an offence falls into the unusual category of a strict liability offence, the prosecution must, in order to prove that a person has committed an offence. What Are Serious Criminal Offences? Although all criminal offences are serious, offences that have the possibility of a lengthy term of imprisonment are considered more serious. These offences are generally known as Major Indictable Offences. A Major Indictable offence is one that can carry a maximum penalty of 7 years or above, although this. Aug 26, 2019Summary and indictable offences. In Irish law criminal offences can be tried in two ways: . In the lower court (District Court) in front of a judge without a juryIn the higher courts (Circuit Criminal Court, Central Criminal Court) in front of a judge and jury A summary offence is an offence which can only be dealt with by a judge sitting without a jury in the District Court. How can I find out whether an offence outside Canada is considered a criminal offence in Canada? This is a complex task as it involves comparing Canadian and foreign laws. While there are many pieces of Canadian legislation containing criminal offences, the vast majority can be found in the Criminal Code or the Controlled Drugs and Substances Act. The consequences of a criminal offence. Although criminal offences are serious and intolerable acts, these crimes are classified by degree of severity. Moreover, before determining a sanction, several parameters are considered such as criminal past of the attacker or the context in which the crime. The Criminal Law (Sexual Offences) (Amendment) Act 2019 amended the Act of 1908 to provide for a maximum term of 10 years' imprisonment for both males and females. [93 [94 Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment. List of Criminal Charges FindLaw Apr 01, 2019Criminal cases involve an action that is considered to be harmful to society as a whole (hence, these are considered offenses against the state or the jurisdiction of the prosecution). While criminal law and civil law are different, there is some crossover. Feb 04, 2013It is a very broad question to ask What is a Criminal Offence in Canada? simply because there are so many different types. However, if it is indeed a criminal offence, then you will be able to find it codified in Canadian law. There are several pieces of federal legislation that outline what constitutes a criminal offence in Canada, but we will focus only on the most common. Aug 10, 2019Although each state varies when determining the degree of a felony, most states with capital felony define it as a crime, such as murder, that qualifies for the death penalty or life without parole. Common firstdegree felonies include arson, rape, murder, treason, and kidnapping; Seconddegree felonies can include arson, manslaughter, drug manufacturing or distribution, child. Alphabetical list of all criminal offences in Victoria, Australia. Contains links to all our offence pages under all categories. Doogue George 03 9670 5111 Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. A crime is an offence against a public law. This word, in its most general signification, comprehends all offences but, in its limited sense, it is confined to felony. The term misdemeanor includes every offence inferior to felony, but punishable by indictment or. There are different areas where acts are considered criminal. Acts involving deliberate violence, such as assault, are criminal acts. Activities with unauthorized weapons are also considered offences, such as the possession of firearms with automatic firing capability. And of course, any form of theft or possession of stolen goods is criminal. If youve been convicted of driving under the influence (DUI), you should know that in Canada, DUI has been considered a Federal Criminal Offence since 1921. In Canada, the term impaired driving is used when referring to the criminal offence of operating a motor. Sep 10, 2020Crimes are set forth in criminal statutes, which describe the prohibited conduct, the mental state or intent required for guilt, and the range of possible punishments. The specific acts that qualify as criminal conduct will depend on a particular jurisdiction's laws. Is a Traffic Ticket a Criminal Offense? Unfortunately, being issued a traffic ticket is a relatively common occurrence in New York. While most of these infractions are serious enough on their own, many drivers worry that they might actually be charged with a crime. But is a traffic ticket a criminal offense? Jan 19, 2018Not every criminal act can be the basis of a civil lawsuit, and certainly not every violation of civil law is a crime. Crimes and torts (wrongs or wrongful acts handled in civil court) are in some sense similar. Both involve someone (the defendant) doing something thats bad in. Oct 31, 2020Most crimes in the U. , for instance, fall under the jurisdiction of the state where the offense occurs. In other words, must criminal acts are considered under the jurisdiction of the individual state. The federal government, however, has the power to determine what types of crime constitute a federal offense. Civil Law vs Criminal Law Difference and Comparison Diffen Feb 20, 2013A crime is any act or omission that violates a law which results in a punishment. Punishments can range from the payment of a fine to incarceration in jail. The level of the offense or crime will usually be set in proportion to the severity of the crime. For example, parking in a two hour parking zone for three hours is a crime. Because a speeding ticket is technically considered a criminal offense in Texas, anyone who has been convicted for speeding has to declare that they have a criminal record on employment or collegiate applications, unless the application makes exceptions for Class C charges. Of course, the vast majority of businesses and universities dont. However in NSW, some of the more serious traffic offences, called major traffic offences, can carry criminal penalties. Some of these offences are: drink driving (PCA or DUI), negligent driving (when decided in court), driving while suspended or disqualified, police pursuit, and reckless driving. Feb 20, 2013Criminal offenses, on the other hand, arise from the violation of local ordinances or state or federal statutes prohibiting certain conduct. A criminal offense can involve a fine, an arrest, or confinement in jail or prison. The consequences of a criminal offense are. Mar 10, 2019Therefore, in its most broad definition, a criminal offense is a behavior that is prohibited by law and considered to violate the moral standards of society. Broadly, criminal acts can be divided into several different categories. Difference between Crime and Offence Nov 10, 2020A criminal offense is a violationof the law, which may occur at the federal level or at a lower jurisdictional level. Offenses are generally classified as misdemeanors or felonies. The consequences can vary depending upon the crime and may include incarceration, fines, or even death. Apr 30, 2019Most traffic violations are considered infractions. They carry a fine, mostly, and theres considerable discretion allowed in how a given peace officer can enforce them (ticket, or warning, write a lesser offense as the actual rule broken, et ce In criminal casesregardless of the statethe prosecution must prove all the elements of the offense beyond a reasonable doubt. But in some states, minor traffic violations arent considered crimestheyre civil offenses. So, in these states, the government might be held to a lesser standard of proof for traffic cases. , road rage is not a criminal offense, per se. That per se is important because road rage, at its heart, is anger, maybe even overwhelming anger, at the actions of another driver. That is not against the law anywhere. However, if your Difference between Crime and Offence Apr 16, 2020A defendant in a criminal case is entitled to an attorney; The protections afforded to defendants under criminal law are considerable; Crimes are Offenses Against the State. That means that even though one person might murder a particular person, the murder itself is considered an offense to everyone in society. Accordingly, crimes against the. Kidnapping, criminal offense consisting of the unlawful taking and carrying away of a person by force or fraud or the unlawful seizure and detention of a person against his will. The principal motives for kidnapping are to subject the victim to some form of involuntary servitude, to expose him to May 16, 2019Selling or handing a weapon to a person who has a previous conviction of weapon misconduct and has been stripped from their gun rights. Possessing a weapon on school grounds. Possession of a prohibited weapon such as grenades, bombs, rockets, short barrel shotguns and nunchucks. A criminal offence is an offence (or crime) against the state. It is often called breaking the law. If you are accused of a criminal offence, the charge sheet or notice to appear will say what offence you have been charged with. The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding. A criminal is someone who breaks the law. If you're a murderer, thief, or tax cheat, you're a criminal. May 27, 2014Criminal penalties vary based upon whether it is a motorists first offense, second offense, third offense, andor whether he or she has been previously convicted. The New York Department of Motor Vehicles ( DMV ) lists penalties for an alcohol or drugrelated violation. 3 Types of Criminal Offences Net Justice Jan 24, 2015A criminal act that is less serious than a felony is considered to be a misdemeanor. While specific laws vary by jurisdiction, misdemeanors generally include such acts as disturbing the peace, petty theft, drunk driving with no injury to others, public drunkenness, simple assault and battery, and traffic violations. More items Mar 28, 2020About says there are three different types of criminal offenses: infractions, misdemeanors and felonies. Infractions do not require jail time. Misdemeanors sometimes require jail time of 12 months or less. Felonies are quite serious and require a greater amount of jail time.
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Matt Hobbs
on the internetz.
Eurostarin’
I first saw this video on the unfortunately on hiatus RES magazine monthly DVD, and I’ve loved it ever since. Finally it’s turned up on youTube. My favourite part? The mechanic turned stripper – awesome!
Author Matt HobbsPosted on July 12, 2007 Categories UncategorizedTags Music, videos
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Let's get our facts straight
I'm not a Southerner. I've vacationed in the South -- Atlanta and Little Rock/Hot Springs, specifically -- and enjoyed it. I feel far more comfortable there than I ever have in Los Angeles. But I am not a Southerner. I grew up in the Land of Lincoln, and am proud to hale from the state that gave us the man who saved the Union.
That's why I don't get the affection anyone feels for the Confederate flag. At best it stands for secession. At best, flying that flag flies in the face of "one nation, under God." So I don't understand why it's flown on any day, anywhere, after 1865.
But if you want to know why it flies over South Carolina today, it's more about this man than it is about Robert E. Lee.
In January 1961, a Federal court upheld the right of black students to attend the University of Georgia. That didn't play well in the South. "Two four six eight, we don't want to integrate!" Then, in March, 1961, President Kennedy signed an executive order prohibiting segregation in the federal workplace.
The Confederate flag went up over the South Carolina statehouse just weeks later. In April 1961. Ninety six years after the end of the Civil War.
If the GOP wants to truly own the mantle, "The Party of Lincoln," it's time for them to join statesmen like Sen. Lindsay Graham, and Jeb Bush and Mitt Romney and call for the removal of the Confederate flag.
Labels: Current affairs, Kennedy, Politics
zippiknits.....sometimes 10:31 AM
I was wondering what all the flap was about recently about how carefully the Republicans were going to have to tread about that issue, the so called Confederate Flag. The South wanted England back and the flag, a union jack, says it all. It's not anything but a reminder of how Tories fled to England and the Bahamas at the inception of the War of the Revolution. It's not our flag. Basically, the Tories were not traitors,yet, but, if they came back, they were.
► Feb 23
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President Bush & Iraq Vet on ‘Deal or No Deal’
Filed under: Politics,War — DRJ @ 9:00 pm
[Guest post by DRJ]
Capt. Joseph Kobes, a Purple Heart and Bronze Star recipient who has served in Iraq three times, is a contestant on Howie Mandel’s game show “Deal or No Deal.” He’s competing to get enough money to pay off his parents’ house. The taping included a moment where President Bush expressed gratitude for his service and wished him luck in the game.
President Bush isn’t the most popular politician right now (and he knows it, judging by this quote) but he’s still a pretty funny guy:
“I’m thrilled to be on ‘Deal or No Deal’ with you tonight. Come to think of it, I’m thrilled to be anywhere with high ratings these days.”
It’s a nice clip. Take a look.
— DRJ
Tony Snow Joins CNN
Filed under: Media Bias — DRJ @ 7:57 pm
CNN announced that Tony Snow will join the network Monday as a conservative commentator:
“Former White House press secretary Tony Snow will join CNN as a conservative commentator beginning Monday.
CNN president Jon Klein announced that Snow, a long-time political observer with a longstanding news background, will contribute to CNN as the network continues to broadcast winning political coverage.”
The first comment for this story at CNN’s website was from someone named Bill:
“Oh my God! This explains why CNN has become so conservative and pro-Hillary lately.”
LA’s Third World Future
Filed under: Immigration — DRJ @ 6:36 pm
According to this article in the Los Angeles Times, LA’s future may not be pretty:
“With baby boomers preparing to retire as the best educated and most skilled workforce in U.S. history, a growing chorus of demographers and labor experts is raising concerns that workers in California and the nation lack the critical skills needed to replace them.
In particular, experts say, the immigrant workers needed to fill many of the boomer jobs lack the English-language skills and basic educational levels to do so. Many immigrants are ill-equipped to fill California’s fastest-growing positions, including computer software engineers, registered nurses and customer service representatives, a new study by the Washington-based Migration Policy Institute found.”
The solution? The consensus is that “greater investments in public education, a renewed focus on vocational education and better job training are critical to California’s continued prosperity.” In other words, train the people that are already here. Good idea.
However, the real story is in the third through fifth paragraphs:
“Immigrants — legal and illegal — already constitute almost half of the workers in Los Angeles County and are expected to account for nearly all of the growth in the nation’s working-age population by 2025 because native-born Americans are having fewer children. But the study, based largely on U.S. Census data, noted that 60% of the county’s immigrant workers struggle with English and one-third lack high school diplomas.
The looming mismatch in the skills employers need and those workers offer could jeopardize the future economic vitality of California and the nation, experts say. Los Angeles County, the largest immigrant metropolis with about 3.5 million foreign-born residents, is at the forefront of this demographic trend.
“The question is, are we going to be a 21st century city with shared prosperity, or a Third World city with an elite group on top and the majority at poverty or near poverty wages?” asked Ernesto Cortes Jr., Southwest regional director of the Industrial Areas Foundation, a leadership development organization. “Right now we’re headed toward becoming a Third World city. But we can change that.”
Some, like Dowell Myers, a USC urban planning and demography professor and author of the 2007 book “Immigrants and Boomers: Forging a New Social Contract for the Future of America,” expect immigrants to pay our old-age support programs:
“Even if you don’t like it, you have to ask the question: Who’s going to fill your jobs, buy your homes and pay the taxes for old-age support programs?” Myers said.”
That part might be hard to sell.
McCain Opts for Federal Funds
Filed under: 2008 Election — DRJ @ 1:33 pm
The Politico reports that John McCain is expected to accept federal funds to finance his general election campaign:
“John McCain is abandoning any hope of catching the Democrats in fundraising.
Based on new financial disclosure reports released Sunday, and interviews with his finance team, the Republican Party’s presumptive nominee will instead accept taxpayer money to finance his general election and share other costs with the Republican National Committee.
The strategy will allow McCain to stretch his campaign dollars by splitting the cost of television advertising and other campaign activity with the RNC.
But the decision also puts the Arizona senator at risk of being badly outspent – even with RNC help – by a Democratic nominee who will be allowed to spend as much as he or she can raise on the November race.
McCain has raised a total of $72 million for his presidential bid, including $15 million in March. He ended last month with about $11.5 million in cash.
In contrast, Democrat Barack Obama has raised more than $236 million for his campaign. He raised nearly $43 million in March and ended the month with $51 million in cash and no debts.”
It’s ironic, isn’t it, that McCain has championed the benefits of regulation and now he’s feeling the pinch? However, he will receive approximately $84M in federal funds plus joint campaign expenditures with the RNC:
“Under the program, McCain will be eligible to receive $84.1 million from the national treasury to run his campaign between his official nomination at the September Republican convention in Minnesota and Election Day.
Between now and then, McCain needs only to raise enough money to travel and keep his profile high enough not to be forgotten while the Democrats continue to battle one another. If a Democratic nominee emerges with enough time to launch an attack against McCain, a handful of well financed, Republican-friendly outside groups stand ready to quickly come to his aid.
McCain also can spend his summer headlining joint events to help raise money for the RNC, which can allocate millions to boosting his candidacy. The RNC on Sunday reported having $31 million in cash, compared to just $5 million in the Democratic National Committee’s account.
By directing donations to the RNC, money also can be raised in bigger chunks. The maximum donation to the RNC is $28,500; the biggest allowable donation to the McCain campaign for the general election would have been $2,300.”
Money talks in elections and this puts McCain at a disadvantage. It will be interesting to see how well the RNC does in fundraising this summer.
I think McCain’s fundraising problems are due in part to his late start in organizing but it’s also an indication of how conservatives view McCain. For now, conservatives may reluctantly give him their votes … but not their money.
Obama the Uniter
Filed under: 2008 Election,Humor — DRJ @ 1:04 pm
Barack Obama has been called a uniter, not a divider, even though he has been unable to unite more than two-thirds of his own Party behind his candidacy and Hillary Clinton is vowing to continue.
Nevertheless, in the spirit of unity, here are some ideas from a March 15 Larry Elder article suggesting how Obama can unite Americans:
“Taxes: Barack Obama’s America blasts the Bush tax cuts for “unfairly” benefiting the rich. They intend to allow the Bush tax cuts to expire, with resulting higher taxes on income, capital gains and dividends.
The other America believes in limited government, low taxes, fewer regulations. They believe that individuals, rather than government, know how to best spend, save or invest their own money. This part of America feels that the Kennedy, Reagan and George W. Bush tax cuts actually benefited the economy by placing more capital in the hands of private actors, resulting in more jobs, greater productivity and higher net worth.
Obama’s solution: Shared sacrifice. If your last name begins with A through E, Obama will continue the Bush tax cuts. If your last name begins with F through L, Obama will allow the Bush tax cuts to expire. If your last name begins with M through Z, Obama will raise your taxes. Now the following fiscal year, those with last names beginning A through E face a tax increase. The F through L’s get the Bush tax cuts. And the L through Z’s will have their tax cuts expire. The next fiscal year, Obama will rearrange the cuts, depending, of course, on your last name, and will continue this rotation every year of his administration.
The Iraq war: Obama’s America considers the war a failure, a war that “never should have been authorized, and never should have been aged.” They feel the Iraq war makes Americans less safe, causes us to take our eye off the ball in Afghanistan, infuriates our allies, and uses funds better spent elsewhere.
The other America feels that, however we got into Iraq, leaving precipitously emboldens our enemies, creates a safe haven for terrorism, and gives Iran – an avowed enemy of America and a country pursuing nuclear weapons – a dangerous and destabilizing influence over oil-rich Iraq. This part of America believes we cannot in good conscience leave without ensuring Iraq’s stability because that would endanger our own. This part of America agrees with former Secretary of State James Baker, “[I]f we picked up and left right now, you would see the biggest civil war you’ve ever seen. Every neighboring country would be involved in there, doing its own thing, Turkey, Iran, Syria, you name it, and even our friends in the Gulf.”
Obama’s solution: Withdraw all troops by the year 2009. Then send them back in 2010, followed by their return to America in 2011, with another redeployment to Iraq in 2012. These on/off, every-other-year rotations would continue throughout his presidency. This satisfies those who want the troops home immediately. But it also appeases those who consider our national security dependent upon a military presence in Iraq. This policy also confuses our enemy, since they never know whether we are coming or going.”
Elder also offers solutions for Obama on health care and global warming. It’s funny stuff. Sometimes ideas are funniest when they are almost true.
FLDS Child Custody Hearings – DNA Update
Filed under: General — DRJ @ 12:30 pm
The San Angelo Standard Times reports that DNA samples from the FLDS children and their parents takes 30-50 days to process and some results may not be available under 4 days after the hearings are scheduled to conclude:
“Technicians began taking samples for DNA testing this morning from YFZ Ranch children being kept at the San Angelo Coliseum, the Texas Attorney General’s office said today.
The agency said results from the tests will take 30 to 50 days to process for children and parents from the Fundamentalist Church of Jesus Christ of Latter Day Saints ranch near Eldorado.
If it takes the full 50 days, the results will not be available until June 9, four days after the 60-day custody hearings must be completed.”
The technicians are taking DNA samples and photographs to help authorities match samples to the children.
L.A. Times: Patterico a “prominent Angeleno” who weighs in on Special Order 40
Filed under: Deport the Criminals First,Dog Trainer,Public Policy — Justin Levine @ 12:17 pm
[posted by Justin Levine]
Perhaps he is too bashful to admit it, but Patterico’s favorite newspaper labels him as a “prominent Angeleno” in today’s edition which asks several people their views on Special Order 40 in Los Angeles. (His actual views on the subject are well worth reading too – apart from the side issue of what he is labeled as.)
[Justin Levine]
Comments Off on L.A. Times: Patterico a “prominent Angeleno” who weighs in on Special Order 40
Filed under: Economics,Miscellaneous — DRJ @ 11:57 am
It’s getting harder to gain admission to elite colleges, especially this year in which there are a record 3.3 million high school graduates and 60-65% are going to college.
Take the case of Navonil Ghosh, an Austin, Texas, magnet high school senior who scored perfect scores on the SAT and ACT, is 4th in his class, plays the piano, has a black belt in Kung Fu, and has more than 400 hours of volunteer time. Yet his applications were rejected at Stanford, MIT, Harvard, University of Pennsylvania, Princeton and the University of Texas Plan II honors program. Ghosh was waitlisted at Yale and plans to attend either CalTech or Rice, where he was accepted.
Stories like this aren’t that surprising for those familiar with current college admissions. There are so many impressive applicants at elite colleges that schools can afford to be selective. In addition, because colleges emphasize the US News ranking factors such as yield (the percentage of accepted students that actually attend the college), private colleges want to admit only those applicants who are likely to attend.
Not only is demand up but the cost of college tuition is increasing faster than inflation or household income. Steven Pearlstein addressed rising costs last November in an article at the Washington Post:
“Part of the problem is that it’s virtually impossible to have a coherent conversation about an industry that takes in Harvard, East Podunk Community College and everything in between.
It’s also hard to bring economic logic to a market in which the product is usually sold at a loss, competition tends to push prices higher rather than lower, and at many schools, half the customers are forced to subsidize the other half.”
Pearlstein identifies several problems that are contributing to spiraling tuition costs, including the financial assistance race to entice better students and the fact that demand for college is growing faster than supply.
Growing tuition costs have caused some applicants and parents to reconsider the benefits of an elite college education. As a result, lower-cost colleges and state schools may be benefiting from the increased competition and costs at elite colleges, although costs are going up there, too.
Of course, there will always be colleges like the University of Colorado that are attractive to applicants because of the special atmosphere:
“A crowd of about 10,000 people collectively began counting down on the University of Colorado’s Norlin Quadrangle just before 4:20 p.m. Sunday.
Yet the massive puff of pot smoke that hovers over CU’s Boulder campus every April 20 — the date of an annual, internationally recognized celebration of marijuana — began rising over the sea of heads earlier than normal this year.
Smoke-out participants — thousands of whom wore green or T-shirts promoting pot — climbed trees, played the bongos, snapped pictures and had miniature picnics. That, of course, after they sparked the weed they had come to smoke.
CU freshman Emily Benson, 19, of Kansas City, said she thinks the decriminalization of marijuana will become a hot topic in the upcoming political season and said she felt part of something bigger than just a smoke-out on Sunday.
“We’re at the starting point of a movement,” she said. “This is a big part of the reason I applied here — for the weed atmosphere.”
I’m sure Emily will have wonderful college stories to tell her children someday.
Obama’s Moral Hygiene
Filed under: 2008 Election — DRJ @ 9:10 am
Today, Steve Chapman of the Chicago Tribune editorial board notes William F. Buckley, Jr.’s “stalwart insistence on moral hygiene” in which “he rejected the temptation to join forces with anti-Semites, the John Birch Society and other extremists.” Chapman then examines the relationship between Obama and William Ayers, his “terrorist acquaintance:”
“Obama minimized his relationship by acknowledging only that he knows [William] Ayers. But they have quite a bit more of a connection than that. He’s appeared on panels with Ayers, served on a foundation board with him and held a 1995 campaign event at the home of Ayers and his wife, fellow former terrorist Bernardine Dohrn. Ayers even gave money to one of his campaigns.
It’s not as though Ayers and Dohrn have denied or repudiated their crimes. After emerging from years in hiding, they escaped federal prosecution because of government misconduct in gathering evidence, but they don’t pretend they were innocent. In 2001, Ayers said, “I don’t regret setting bombs. I feel we didn’t do enough.”
Dohrn has likewise rationalized the explosions, claiming that “our acts of resistance were tiny and symbolic.” She even went to prison for refusing to testify about an armored-car robbery involving her confederates. That crime was not tiny or symbolic to the two police officers or the security guard who were shot to death in the process.
All this is public record, and Barack Obama would have to be in a coma not to know it. Yet he showed no qualms about consorting with Ayers and Dohrn.
It’s hard to imagine he would be so indulgent if we learned that John McCain had a long association with a former Klansman who used to terrorize African-Americans. Obama’s conduct exposes a moral blind spot about these onetime terrorists, who get a pass because they a) fall on the left end of the spectrum and b) haven’t planted any bombs lately.
You can tell a lot about someone from his choice of friends. What this friendship reveals is that when it comes to practicing sound moral hygiene, Obama has work to do and no interest in doing it.“
It must sting for a liberal to be compared to William F. Buckley, Jr., and not measure up.
Federal Government Can Regulate Employees’ Political Activities At Home?
Filed under: Civil Liberties,Constitutional Law,General — Patterico @ 12:06 am
At the Washington Post, Stephen Barr has a piece about the Hatch Act and federal employees. Barr describes the Hatch Act in this way:
The law prohibits federal employees from engaging in political activity while on duty, wearing campaign buttons in the office and putting campaign bumper stickers on a government car. It also bans soliciting, accepting or receiving political contributions, and prohibits employees from using their official positions to influence or interfere with an election.
Most of the piece describes the sanctions that federal employees face for using federal work equipment to electioneer; this seems noncontroversial and completely constitutional. But I am disturbed by the notion that the Hatch Act also regulates what federal employees can do at home, on their own time:
Blogging about politics at work falls into the don’t-do category, but blogging from home may also get a federal employee in trouble.
Presidential campaign Web sites, for example, encourage supporters to create blogs on the site to advocate the candidate’s positions. They also usually carry a link for campaign donations, and that can be trouble for a federal employee, even when using a home computer. The OSC may view the donate button as soliciting for political contributions, another no-no under the Hatch Act, and set off an investigation.
Wow. So if you’re a federal employee, the federal government can prevent you from soliciting political contributions for your preferred candidate? Even when you’re at home, on your own time, using your own communications equipment?
I’m no expert on election law, but my non-legal gut reaction is that this is inconsistent with the First Amendment.
Tell me where I’m wrong.
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Atomistry » Nickel » Application
Application »
Nickel Applications
Nickel is used in many industrial and consumer products utilizing its properties to provide corrosion and hot-resistance to steels and other alloys. Because of its permanence in air and its inertness to oxidation, it is used in coins, for plating iron, brass, etc., for chemical apparatus, and in certain alloys, such as Monel metal (Ni, Cu, Fe, Mn), commonly used in manufacturing of chemical apparatus, shipbuilding, settlers and lids production; nichrome and chromel used in wire with a melting point that will give high performance, particularly suited to heavy duty rheostats and controls that require compact resistance; invar (Ni, Fe), known for its unique properties of controlled coefficient of thermal expansion (CTE), due to which it is used in precision instruments (clocks, physics laboratory devices, seismic creep gauges, shadow-mask frames, valves in motors, antimagnetic watches, etc.); permalloy (Ni, Fe), it has a high magnetic permeability, low coercivity, near zero magnetostriction, and significant anisotropic magnetoresistance; for this reason it is widely used for fabricating the thin pieces that are laminated to form transformer cores, sea cables and power transmission. Nickel silver is a metal alloy of a copper with nickel and often but not always zinc became popular as a base metal for silver plated cutlery and other silverware. Nickel is widely used in the production of coins; its industrial and technical uses include marine fittings and plumbing fixtures for its corrosion resistance, and heating coils for its high electrical resistance. Alnico (Al-Ni-Co-alloy) make strong permanent magnets, and can be magnetized to produce strong magnetic fields.
Nickel is also used for anti-corrosive and decorating plating, in which it is often replaced by chromium, and as a green tint in glass.
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N.F.L. Players May Have an Ally in Their Protests: Labor Law
From today’s New York Times by Noam Scheiber: As National Football League team owners consider President Trump’s call to fire players who refuse to stand for the national anthem, they have stumbled into one of the most consequential debates in today’s workplace: How far can workers go in banding together to address problems related to their employment?
In principle, the answer in the N.F.L. and elsewhere may be: Quite far.
To the extent that most people think about the reach of federal labor law, they probably imagine a union context — like organizing workers, or bargaining as a group across the table from management.
As it happens, the law is much more expansive, protecting any “concerted activities” that employees engage in to support one another in the workplace, whether or not a union is involved. The National Labor Relations Board and the courts have defined such activity to include everything from airing complaints about one’s boss through social media to publicly supporting political causes that have some bearing on one’s work life.
The league’s operations manual says players must be on the sidelines during the anthem and should stand. While the law might not bear on whether an individual player can kneel during the anthem, many experts say it could protect players from repercussions for making such a gesture together — or taking other action — to show solidarity on the job.
And as unionization continues its decades-long decline, some believe that these alternative forms of taking collective action may be crucial to enabling workers to speak up.
This entry was posted in #WorkRight, corporate governance, labor unions, POTUS, protests, racial inequality, Trumpism, worker rights and tagged #BlackLivesMatter, Donald Trump, NFL by admin. Bookmark the permalink.
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Rhetoric and Research 02a: Argumentation 2
You are here: Home Rhetoric and Research 02: Argumentation Rhetoric and Research 02a: Argumentation 2
The Rhetorical Appeals
When we talked about the stases, we talked about the types or classifications of arguments or disagreements that characterize a debate. But how are specific arguments created? How does a writer (or speaker) reach out to his or her audience and create an effective argument in a given stasis? How does a writer convince his audience on a point of fact? On the validity of a particular course of action?
Many arguments are built around what the ancient Greek philosopher Aristotle called the three primary types of rhetorical appeals: ethos, pathos, and logos. Roughly translated, these terms mean the following:
Ethos: an appeal based on the person of the arguer, on credibility and likeability
Pathos: an appeal to the emotions of the audience
Logos: an appeal to the intelligence or sense of logic in the audience.
Each of these three methods of reaching out to an audience has its strengths and weaknesses, and good, sophisticated arguments often make use of more than one type of appeal at once.
Ethos-based, or “ethical” arguments draw their power from the credibility and likeability of the person doing the arguing. Arguments based in this appeal seek to build a relationship of trust between the writer and reader, or the speaker and his audience. We are generally more likely to be persuaded by a person who seems trustworthy and likeable, rather than someone who, while “correct,” might come off as sneaky, angry, or not inviting.
Consider the following problem: when buying a car, what kind of salesperson do you best respond to? Are you more likely to respond to someone who seems genuinely concerned about you and with what you want out of your automobile? How effective would this person be compared to someone who is rude, cold, or “shifty,” if he offers the same product at the same price? Which salesman are you more likely to believe when he tells you about the features, benefits, and durability of the car he’s selling?
Politics often revolves around questions of ethos. Many people vote for politicians with whom they might disagree on policy matters (if indeed they understand or follow such things) because the candidate “seems like a nice guy” or that he’s “someone [they’d] like to have a beer with.” The candidate’s image is everything: George W. Bush projected an image of down-home friendliness; Barack Obama projects one of hopeful optimism and youth. And both politicians use that image to get what they want in the political arena.
Advertising often works on the same principles: many ads (which are, after all, simply very short arguments to buy a product) use a spokesperson that is meant to be likeable, respectable, reasonable, or even funny. Apple computer, for example, uses two different spokespeople to represent “Mac” people—a hip young actor—and “PC” people, a frumpy, middle-aged management type. Each spokesperson carries with them a certain projection of their personality, which helps sell the product.
Two Types of Ethos: Extrinsic and Intrinsic
Ethos can be divided into two main types: extrinsic and intrinsic. Extrinsic ethos means ethos “outside” the speaker; this can be considered the speaker’s reputation or the audience’s pre-existing knowledge of or disposition toward the speaker. An arguer’s extrinsic ethos can vary, though, depending on what the subject is; one might be a very credible speaker, with very high / positive extrinsic ethos on one subject, but have very low credibility or ethos on another. Here are some examples:
Barack Obama: More needs to be done by western democracies such as the United States and Great Britain to stabilize governments in Iraq and Afghanistan before the U.S. can withdraw its forces.
What kind of expertise does Obama have in this subject matter? What does his reputation suggest he knows about this? How does the fact that Obama is the President of the United States affect the credibility of his statement? To see the concept of extrinsic ethos in action, let’s put the same statement in the mouths of some other speakers:
NBC News anchorperson Savannah Guthrie
YouTube Personality Logan Paul
Former U.N. Secretary General Kofi Annan
Peter Griffin, of Family Guy
How does our perception of the speaker alter our understanding of the argument that he or she is making? What do we look for in a commentator on serious matters of foreign policy? What are the qualities that define a “credible” speaker on this subject?
Similarly, our perception of a writer / arguer’s extrinsic ethos is also dependent on the particular subject matter. Peter Griffin, the oafish dad from Family Guy might have little credibility when talking about national security issues, but would have much more credibility when evaluating the qualities of certain brands of beer, the best buffet dinners available in Quahog, Rhode Island, or the benefits of having a family dog. This can also cut the other way: former president Bill Clinton, for example, is a recognized leader in foreign policy circles, but has extremely low believability / credibility in his personal life. While we might believe him when he is talking about the need for economic incentives for development in the Balkans, we are far less likely to find his words credible if he is denying an extramarital affair or giving advice on how to have a good marriage.
Ethos is not always a “fair” process: sometimes one’s reputation—or even a stereotype or prejudice—can bias his or her audience against what he or she may be arguing / reporting. Lawyers, for example, often select witnesses to testify in certain cases based on not only what they saw or heard, but on how believable their story might be to a jury. How might a prosecutor approach an assault case if his sole witness was a prostitute who happened to be working in the area when the assault happened? Or if his witness had a history of drug problems? Or was homeless? Would it be different for the prosecutor if his witness was a suburban soccer mom? A member of the clergy? Audience perception matters here. The testimony of these people might be valid and truthful, but their audience might be biased for or against them because of their extrinsic ethos.
Advertisers also make use of ethos: they choose famous people who have credibility in subjects related to their product to serve as endorsers and spokespeople. Basketball players, like Michael Jordan or LeBron James, are used to endorse basketball shoes; respected or likeable actors sell life insurance or low-fat margarine; Jersey Shore cast members pour exotic shots at popular nightspots; NASCAR drivers appear in commercials singing the praises of particular automotive products. The very act of endorsement plays upon what the audience knows about the spokesperson, and is invited to “trust” that their judgment is valid.
Publications also have extrinsic ethos: the fact that a piece of writing appears in a particular publication may affect how readers respond to it—and again, the subject matter counts. What would be the extrinsic ethos of the following publications? On what subjects would they be most likely to feature credible material? Look up the publications on the internet if you are unfamiliar with them. In making your determinations, you should consider things such as the audience of the publication, the subject matter the publication covers, the writers who contribute material to the publication, and the level of education required to understand the articles in the publication.
The New England Journal of Medicine
General Impression:
Areas in which writing appearing in it would have positive extrinsic ethos
Dog Fancy Magazine
Highlights for Children Magazine
The Weekly World News
Critical Studies in Television
Intrinsic Ethos
While “extrinsic” ethos is the ethos that comes from an arguer’s reputation—factors “outside” the arguer’s writing, internal ethos is, as one might guess, ethos that comes from “inside” the argument. What this means is the impression of the writer’s credibility as demonstrated in the tone, approach, organization, logic, and reasonability of the writing itself. To be effective, writers need not only be “right” in what they say, but they must present a vision of themselves as credible sources on their subject matter. Audiences are persuaded most effectively by writers with whom they feel a sense of connection, respect, and trust.
But how does one present a positive image of oneself through writing? In short, one does this by writing well and respecting both the audience’s values and the views of other people, even the opposing sides in the debate.
Writing Well: Ethos and Grammar, Logic, and Style
This is, of course, more difficult than it sounds. To “write well” means to use a language, style, and tone appropriate for the rhetorical situation, and also to present one’s ideas clearly, logically, and directly.
In the section on “audience” we covered the importance of understanding what expectations your audience would have for a piece of writing, and how those expectations might differ under different circumstances. A quick text message to a friend, for example, is governed by far different rules of language and grammar than is a formal letter to one’s employer or an academic paper. An essay for one’s political science class, for example, may say the “right” things and may have valid points. If that essay, however, is riddled with grammatical problems, such as misused verb tenses, or with typographical errors, it is far less effective in presenting a positive image of the writer. Instead of a thoughtful and “correct” analysis of the subject, the writing seems to be produced by someone too lazy to use spell-checker or to proofread properly. Or, even worse yet, the writing conveys a sense to the reader that the writer doesn’t grasp basic grammatical concepts, which is catastrophically damaging to the writer’s credibility. Here’s a real-world example, from a resume’ submitted to an employer. What does this resume’ suggest about the writer who composed it? What could be changed here to present a more positive image of Ms. Greengarden?
Estella Greengarden
2144 East View Terrace
443-XXX-1234
To get a office job that pay me money for college educataiton
Millard Fillmore Highschool, Lakewood, MN, 1994
2005-present: Customer servic representative, George’s Meat
Assist with input customer orders in computer, update system with delivery schedule, talk drivers and supervise warehouse people
1995-2004: Customer service Assistant, Welltown Food Distributors
Do boring data entry, help customer with orders on phone, work wharehouse when they need me
1994-1995: Front end worker, McDonagle’s Restaurant
Take order from customers, put food on trays, clean up at end of shift
Or, consider the email sent to the professor earlier:
Hey Prof:
My computer is on the blink again and I can’t submit ur Engl101 paper on time. You think it would be ok if I brought it to you printed out? I have it on my flashdrive and can print from the school’s comp lab on Tues. Bye!
Student X
What is the impression of the writer that such a piece of writing conveys? What does the lax, casual tone and the “texting” language say about a.) who the writer is and b.) how they are approaching this particular writing task?
But presenting writing using the appropriate language and grammar is not enough to present the audience with a positive vision of the writer. The writing must be clear, logical, and well-organized—as all good writing is—and maintain a respectful tone toward the subject matter, and even toward those within the debate with whom the writer might disagree. Writers build effective intrinsic ethos by showing a mastery of their own views—and a respect for the others involved in the debate. Consider the following example, one that is in the right language and uses the right language for the situation, but has a tone and respect problem:
Handguns should be banned in Baltimore immediately. These things are responsible for our kids dying at a truly frightening rate. The FBI Violent Crimes Index for this year shows that murders and assaults with handguns are at their highest level in twenty years! Last week, a twelve-year old boy was struck and killed by a bullet fired by one of the lowlifes that sees the streets of this city as the OK Corral. It’s got to stop, and the lunatics from the National Rifle Association and their allied special interests just don’t get it: they would rather keep assault rifles in the hands of criminals and scumbags than do anything about the violence problems in our inner cities. Nelson Cruk, president of the National Rifle Association said, in particularly idiotic statement, that “The 2nd Amendment is absolute on this point—the government can’t regulate guns” (Cruk 234).
The above passage has some things to commend it—the writer has constructed some good sentences, and the point is very clear. BUT, the tone lapses into the casual and even insulting (“lowlifes,” “scumbags,” “lunatics”), which undermines the things the writer is trying to accomplish. Here the writer comes off as committed, but also angry, and overly ready to turn the argument into a personal attack on her opponents. Consider a similar passage that doesn’t take a turn for the personal:
Handguns should be banned in Baltimore immediately. According to the FBI Violent Crimes Index, this year was one of the most violent we have had here, in terms of handgun-related murders and assaults. Just last week, a twelve year old boy was killed by a stray bullet, most likely fired by an illegal handgun. While Nelson Cruk, president of the National Rifle Association is well within his rights to argue that “the 2nd Amendment is absolute on this point—the government can’t regulate guns” (Cruk 234), I respectfully disagree. The actual text of the 2nd Amendment to the Constitution is a bit more vague—it connects the people’s right to keep and bear arms to service in “a well-regulated militia.” As there are no “well-regulated militias” in Baltimore City, it seems that the law allows for some regulation of weapons. Given the crisis we are in as a city, we desperately need to get some of these guns off the streets.
What are some of the major differences between how these two arguments are made? What has the writer done in the revised version that conveys a more reasonable, measured, likeable persona? How does the writer treat those with whom she disagrees?
Both passages above are “correct” in their use of grammar, a basic requirement for almost any formal writing task. But the second passage is far more respectful to the views of the NRA president; the passage refrains from calling him “idiotic” and implying that her opponents are stupid or misinformed. Instead, the writer notes, and accurately assesses the NRA position, but points out where it diverges with her own. It also omits the language that casts criminals as “lowlifes” who treat the city as a firing range or a shootout scene from a Western movie.
Arguments based in pathos, or “pathetic” appeals, are appeals to the emotions of the audience. Emotions here, however, is a broad term. It refers to not just the innate feelings that the audience has, but also to that audience’s sense of self-interest, values, identity, and even their biases and predispositions. Arguments to these elements in our human nature are extremely powerful—they are at times explicitly not rational: they often speak to the things that we feel or believe in our core, but do not say out loud. Because of their intense power—power based on feeling rather than thought—“pathetic” arguments have often been decried (sometimes justly) throughout history as “cheating” one’s way out of an argument.
When one’s younger sibling, for example, pleads with his older brother to have mercy and not to tell mom and dad on him for breaking a picture frame, he uses pathos, appealing to his brother’s sense of mercy. Similarly, when a student asks a professor, in tears, for an extension on a paper because her house was broken into and all her possessions stolen, she appeals to the professors sense of fairness and sympathy.
Examples often come up in personal relationships: when a boyfriend wants something from his significant other, he might say “I love you” in order to get it; conversely, one might hear “If you love me, you’ll do X or get X for me . . .” These are pathos-based appeals.
Guilt is also a pathetic appeal, and often a very effective one. When a parent asks for a child to do something, he might play up the emotional importance of it for the child’s own welfare, or mention how much the parent wanted the task done, or even all he has done for the child in the past. The audience’s sense of guilt and responsibility is in play here.
But pathos also has a darker connotation: arguments targeting or eliciting hatred of a specific racial or ethnic group are often based in an extremely powerful emotion—fear. Hitler’s devastating propaganda campaign against the Jews in Europe, which of course led to the extermination of millions, played on the European fear of “the Jew.” Likewise, segregationists and racists in the American South used fear, usually sexualized, of Black men to garner support for racist policies and Jim Crow laws. We can see the same discourses operating now, when people campaign against homosexual rights as “unnatural” or a product of Satan’s handiwork: often these people propagate myths about gay people being perverts or sexual predators.
But the ease of misuse of pathos does not disqualify it from being a useful rhetorical tool. Strategically appealing to the feelings one’s audience has about a certain subject, paired with good writing and solid evidence, can enhance the effectiveness of one’s writing exponentially.
Consider the following passage from a speech given by the famous General George S. Patton to his troops just before a major battle in World War II:
Men, this stuff that some sources sling around about America wanting out of this war, not wanting to fight, is a crock of bullshit. Americans love to fight, traditionally. All real Americans love the sting and clash of battle.
You are here today for three reasons. First, because you are here to defend your homes and your loved ones. Second, you are here for your own self-respect, because you would not want to be anywhere else. Third, you are here because you are real men and all real men like to fight. When you, here, every one of you, were kids, you all admired the champion marble player, the fastest runner, the toughest boxer, the big league ball players, and the All-American football players. Americans love a winner. Americans will not tolerate a loser. Americans despise cowards. Americans play to win all of the time. I wouldn't give a hoot in hell for a man who lost and laughed. That's why Americans have never lost nor will ever lose a war; for the very idea of losing is hateful to an American.
You can see here that the General appeals to a couple of key feelings that the audience—American soldiers getting ready to go into battle—might have. He appeals to their sense of identity and patriotism: Americans like this, Americans are like that. He also appeals to their sense of male ego: real men, he argues, like to fight. Who wants to be a “fake” or feminized man?
Likewise, consider this key passage from Martin Luther King’s famous “Letter from a Birmingham Jail,” where he argues to Alabama clergymen about the need for immediate action for Civil Rights in the South:
We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five year old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of "nobodiness"--then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair.
King here plays upon some key emotions present in his audience—where does he do this? Identify in the space below at least three places in which King attempts to generate an emotional response from the people to whom his argument is directed, and which emotions to which he appeals. Remember: this letter was written to those members of the clergy who criticized King’s nonviolent campaign in Birmingham, telling him that he should wait for the Birmingham government to take action on issues of Civil Rights.
Emotional Appeal 1:
Exercise: Pathetic / Emotional Appeals
For each of the following passages, identify which emotions the author is attempting to elicit in his or her audience:
If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer. It's the answer told by lines that stretched around schools and churches in numbers this nation has never seen, by people who waited three hours and four hours, many for the first time in their lives, because they believed that this time must be different, that their voices could be that difference. It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Hispanic, Asian, Native American, gay, straight, disabled and not disabled. Americans who sent a message to the world that we have never been just a collection of individuals or a collection of red states and blue states. We are, and always will be, the United States of America. (Barack Obama, 2008)
Emotions:
No, I'm not an American. I'm one of the 22 million black people who are the victims of Americanism. One of the 22 million black people who are the victims of democracy, nothing but disguised hypocrisy. So, I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or a flag-waver -- no, not I. I'm speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare. (Malcolm X, 1964)
Martin Luther King dedicated his life to love and to justice between fellow human beings. He died in the cause of that effort. In this difficult day, in this difficult time for the United States, it's perhaps well to ask what kind of a nation we are and what direction we want to move in. For those of you who are black -- considering the evidence evidently is that there were white people who were responsible -- you can be filled with bitterness, and with hatred, and a desire for revenge. We can move in that direction as a country, in greater polarization -- black people amongst blacks, and white amongst whites, filled with hatred toward one another. Or we can make an effort, as Martin Luther King did, to understand, and to comprehend, and replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand, compassion, and love. For those of you who are black and are tempted to fill with -- be filled with hatred and mistrust of the injustice of such an act, against all white people, I would only say that I can also feel in my own heart the same kind of feeling. I had a member of my family killed, but he was killed by a white man. But we have to make an effort in the United States. We have to make an effort to understand, to get beyond, or go beyond these rather difficult times. (Robert F. Kennedy, “Remarks on the Assassination of Martin Luther King, Jr.,” 1968)
Fans, for the past two weeks you have been reading about a bad break I got. Yet today I consider myself the luckiest man on the face of the earth. I have been in ballparks for seventeen years and have never received anything but kindness and encouragement from you fans. Look at these grand men. Which of you wouldn’t consider it the highlight of his career just to associate with them for even one day? Sure I’m lucky. When the New York Giants, a team you would give your right arm to beat, and vice versa, sends you a gift - that’s something. When everybody down to the groundskeepers and those boys in white coats remember you with trophies -- that’s something. When you have a wonderful mother-in-law who takes sides with you in squabbles with her own daughter -- that’s something. When you have a father and a mother who work all their lives so you can have an education and build your body -- it’s a blessing. When you have a wife who has been a tower of strength and shown more courage than you dreamed existed -- that’s the finest I know. So, I close in saying that I might have been given a bad break, but I've got an awful lot to live for. (New York Yankees First Baseman Lou Gehrig, after being diagnosed with a terminal illness, “Farewell to Baseball Address,” 1939)
Logos refers to the strategy of appealing to the audience’s intelligence or intellect, using logic and evidence. In many ways, what people usually consider an “argument” is usually a set of claims and evidence based on logos. When we cite definitions, establish causal relationships, suggest parallels, comparisons, or analogies, or use testimony or other evidence, we are appealing to their audience’s sense of logic.
When a scientist, for example, uses chemical data to make the claim that the presence of a particular chemical is harming the fish in a local lake, she is arguing logically. When a judge asserts that a defendant’s actions fit the definition of a certain crime, he argues via logic. Similarly, when a student cites an expert on the causes of adolescent crime in an English 101 paper, she makes use of logos. There are many logical lines of argument; some of these are called the Common Topics, which we will discuss in the next section.
Lines of Argument: Aristotle’s Common Topics
Logical arguments often follow particular patterns or templates; these patterns, which are very old, even dating back to ancient Greece, provide a strategy for arguers to build persuasive arguments. There are four basic Common Topics, according to the philosopher Aristotle; these Common Topics are “starting places” for arguments. The four Common Topics are as follows: Argument by Definition, Argument by Cause and Consequence, Argument by Comparison or Analogy, and Argument by Testimony and Authority.
Argument by Definition
When people argue using the Common Topic of Definition, they assert that something — an idea, a thing, an action — fits or does not fit into a particular category or classification. It essentially “labels” the subject as has having certain qualities associated with that classification. Here is an example:
Marriage is not a full-contact sport.
Here, the writer claims that there is a class called “full-contact sports”— violent, competitive sports like football and hockey, and that the concept of “marriage” should be excluded from that class. The overall argument is that marriage should not be violent or competitive, but rather governed by other rules, such as sensitivity and cooperation. The argument could be further developed here by citing reasons and evidence why this definition should apply.
A slightly different example might be something like the following:
The Saw franchise is a perfect example of the “torture porn” genre of horror movies.
The writer in this statement has established the class of “torture porn”--with all its associated meanings (which are presumably negative)--and fits the Saw movies into it. In developing this argument, the writer may establish all the qualities of a “torture porn” film and discuss how Saw features them.
Political writing often makes use of the Argument by Definition. Here are some simple examples:
A vote for Abraham Johnson is a vote for lower taxes and smaller government.
To support my opponent is to support terrorists.
Senator Kelly’s vote against the Ohio Farm Subsidy bill is a shameless and cynical political stunt.
Argument by Cause and Consequence
The tactic of establishing a causal relationship in an argument is one of the most popular and effective means of argumentation available. Arguments citing the cause or consequences of something are common in many forms of discourse. These can range from relatively simple arguments:
Smoking cigarettes leads to an increased risk of lung and throat cancer.
To far more sophisticated formulations:
The consequences of procrastination for college students can be devastating: a lower rate of academic success, a higher dropout rate, and less retention of learned material.
Foreclosure is caused by several determining factors: the terms of the original loan, the employment status of the borrower, and the aggressiveness of the financial institution in pursuing the property.
Rampant speculation, extreme levels of bank leveraging, and unregulated trading in complex financial instruments led to the near-depression of 2008.
Much advertising also relies on implied cause and consequence arguments. Advertisements for body lotions, beauty products, and weight-loss supplements imply that using their product will enhance the quality of the user’s life. Similarly, advertisements for athletic gear—particularly shoes—often promise to improve the purchaser’s performance in their chosen sport.
To develop these arguments effectively, one must describe the relationships that the argument sets up: if the writer claims that smoking causes cancer, he must provide evidence, like facts, expert opinions, or other evidence (like credible statistics) to ensure that the audience sees the connection. Lots of description of the elements of cause (or the consequences) and the reasoning linking the two needs to be provided to the audience in order to make the argument work.
Argument by Comparison or Analogy
This strategy of argumentation is when the arguer uses a parallel situation or idea to persuade his audience of the validity of his claim, i.e., that his point is like something else, building a connection between the two ideas in the mind of the reader. This tactic can work in many ways and in support of many kinds of arguments (i.e., in many of the stases).
Analogies can provide clarity for definitions or descriptions:
The smallpox virus is like a shapeshifter, rapidly adapting to and consuming any organism it comes in contact with.
[Investment bank] Goldman Sachs: a great vampire squid wrapped around the face of humanity relentlessly jamming its blood funnel into anything that smells like money (Matt Taibbi, 2009).
Films like Saw and Hostel are like pornography for those obsessed with violence rather than sex.
They can also describe causes and predictions:
Heroin is like an epidemic causing the disintegration of American inner cities.
Education works like a magic bullet to improve the lives of disadvantaged youth.
The United States will most likely fail to achieve its military objectives in Afghanistan, just as the Soviets and British failed before.
Clarify evaluative statements:
Like all the horrible summer movies before it, Transformers 5 is all spectacle and no substance.
The new album by Bright Sky Singers is an instant classic, reminding this reviewer of the best recordings of Bob Dylan.
And validate or support particular courses of action:
Homeowners should not put fertilizer on their lawn; it over-saturates it with nutrients, like putting sugar on candy.
Cutting taxes during wartime is like emptying a car’s gas tank before a big trip.
Not going to class is like paying for groceries and then throwing them away.
Arguments by Testimony and Authority
Arguments using Testimony and Authority are based on the credibility or the ethos of others: experts, witnesses, authorities, organizations, publications, groups, or even popular opinion. When writers appeal to audiences using testimony or authority, they use the judgments or perspectives of others to provide evidence for their argument.
A writer might cite a famous philosopher or politician when advocating for a certain policy position, or may quote from a respected text (like the Bible, the Koran, or the Declaration of Independence) or publication (like the New York Times or Journal of the American Medical Association) to lend credence to his opinion on a particular controversy: all of these tactics use others to make the case.
Think of this as analogous to a lawyer calling a witness in a trial: the lawyer will present to the jury people whose comments will support her case. She might call a biologist to either confirm or dispute DNA evidence, a psychologist to discuss the defendant’s state of mind, and witnesses to confirm that the defendant was elsewhere when the crime was committed. Similarly, the other side may call eyewitnesses or their own scientific experts to dispute the lawyer’s arguments.
Likewise, advertisers use this idea all the time: by borrowing the credibility of respected voices in their fields, companies can persuade their audience to use their product. They might argue that 9 out of 10 dentists agree that Brand X toothpaste is the most effective, or that Dr. X, a respected authority from a weekday talk show, really believes in PainAway for everyday aches and pains. Celebrity endorsements work the same way: Reebok, Nike, and the other major shoe manufacturers are always looking for famous athletes to certify their shoes as the best in the world.
When arguing by testimony and authority, however, it is important to realize that this tactic demands far more than simply “finding a source” that agrees with or supports your point. Arguers must look for the most appropriate sources for their audience, and remind that audience of the source’s ethos. It does no good to quote Bertrand Russell to an audience without reminding them who Bertrand Russell is and why they should care; it does no good to quote a respected foreign policy analyst writing in Foreign Affairs magazine without attributing the quote to that analyst and using her credibility to support one’s argument.
There are many variations of Testimony and Authority-based arguments. Some use the authority of popular opinion to make a case:
Fifty million Jay-Z fans can’t be wrong: the man is phenomenal. [Quality]
Las Vegas, Nevada welcomes millions of tourists each year: come see why! [Action]
Three-quarters of adults in Washington, DC support same-sex marriage legalization; we should pass this now. [Action]
Others use expert or academic opinions:
Dr. Willis Ostendarp of the Extra-Terrestrial Research Alliance (EXTRA) argues in his book Star Thinking that there “is a high probability of intelligent life on other planets . . . but it is equally unlikely that we will ever come into contact with it.” [Fact & Definition]
Psychologist Baron Kalzinsky suggests that there are four distinct motivators for entrepreneurial activity: economic gain, desire for public recognition, social necessity, and idealism. [Causation]
Paul Krugman, columnist for the New York Times and a Nobel Prize winner, suggests that U.S. government deficits are far less of a pressing problem than the sluggish pace of growth in the domestic economy. [Quality & Evaluation]
Most climatologists agree that the earth is getting progressively warmer. [Fact & Definition]
Sometimes the “authority” being quoted is a text or book:
The Bible says that it is easier for a camel to pass through the eye of a needle than for a rich man to enter heaven. [Fact & Definition]
The ancient Hindu holy text the Bhagavad-Gita suggests that it is a soldier’s duty to fight in a righteous war. [Action]
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