Wednesday, August 26, 2020

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Friday, June 19, 2020

Have You Factored in Enough Time for Applying to Med School

Keep an eye on the clock! Note to medical school applicants: be  sure  to set aside some extra time for these time-consuming factors that you simply may not have considered: 1. Application time The #1 top factor that trips up med applicants the most is definitely TIME. Applicants just don’t seem to realize (at least not early on) how much time is required to complete each step of the admissions process. Significant time is needed to write strong, persuasive personal statement and to complete the activity descriptions and the most meaningful essays. Then there’s the time needed to work on secondary applications; applicants are often overwhelmed by the number of secondaries they receive and how quickly they need to return them (usually within two weeks of receiving the secondary invitation). 2. Interview time Once your AMCAS application and secondaries are complete, applicants generally seem to think that they’re done. But if you think interviewing isn’t a time commitment, then think again! Don’t forget to factor in travel time and interview prep time, not to mention the time that goes into each individual interview. 3. A new writing style   Writing your personal statement and secondary essays requires a very different style of writing than anything that you’ve probably done before. These are not policy papers or research papers, but personal stories, narratives. Don’t underestimate the importance of this change in style – an essay that reads like a research paper will do nothing to draw your  readers in and convince them  that you’re an intriguing character worth getting to know better. You need to spend a great deal of time thinking about your experiences as stories and then figuring out how to relate those stories in the most compelling way possible.    Related Resources: †¢Ã‚  5 Fatal Flaws to Avoid in Your Med School Essays †¢Ã‚  10 Tips to Get You Through the Application Season †¢Ã‚  7 Traits of a Competitive Medical School Applicant

Monday, May 18, 2020

Ewing v. California Supreme Court Case, Arguments, Impact

Ewing v. California (2003) asked the Supreme Court to consider whether harsher sentences imposed under three-strikes laws could be considered cruel and unusual punishment. The court upheld three-strikes, stating that, in the case at hand, the sentence was not â€Å"grossly disproportionate to the crime.† Key Takeaways Gary Ewing was sentenced to 25 years to life under Californias three-strikes law for committing felony grand theft after having at least two other serious or violent felonies on his record.The Supreme Court found that the sentence was not grossly disproportionate to the crime under the Eighth Amendment, which states that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Facts of the Case In 2000, Gary Ewing attempted to steal three golf clubs, valued at $399 each, from a golf shop in El Segundo, California. He was charged with felony grand theft, the unlawful taking of property valued at over $950. At the time, Ewing was on parole for three burglaries and a robbery that had resulted in a nine-year prison sentence. Ewing had also been convicted of multiple misdemeanors. Grand theft is a wobbler in California, meaning it can be charged as either a felony or a misdemeanor. In Ewings case, the trial court chose to charge him with a felony after reviewing his criminal record, triggering the three-strikes law. He received a sentence of 25 years to life in prison. Ewing appealed. The California Court of Appeals affirmed the decision to charge grand theft as a felony. The Court of Appeals also rejected Ewings claim that the three-strikes law violated his Eighth Amendment protection against cruel and unusual punishment. The Supreme Court of California denied Ewings petition for review and the U.S. Supreme Court granted a writ of certiorari.   Three Strikes Three strikes† is a sentencing doctrine that has been used since the 1990s. The name references the rule in baseball: three strikes and youre out. Californias version of the law, enacted in 1994, could be triggered if someone was convicted of a felony after having been convicted of one or more prior felonies considered serious or violent. Constitutional Issues Are three-strikes laws unconstitutional under the Eighth Amendment? Was Ewing subjected to cruel and unusual punishment when he received a harsher penalty for his grand theft felony conviction? Arguments An attorney representing Ewing argued that his sentence was grossly disproportionate to the crime. While Californias three-strikes law was reasonable and could result in a proportionate sentence,† it had not in Ewing’s case. The attorney relied on Solem v. Helm (1983), in which the court had looked only at the crime at hand, and not the prior convictions, when deciding whether a life without parole sentence was cruel and unusual punishment. He argued that Ewing should not have been given 25 years to life for a â€Å"wobbler† crime. An attorney on behalf of the state argued that Ewing’s sentence was justified under the three-strikes law. Three strikes, the attorney argued, marked a legislative move away from rehabilitative punishment and towards incapacitation of repeat offenders. The Court should not second-guess legislative decisions to favor different theories of punishment, he argued. Majority Opinion Justice Sandra Day OConnor delivered the 5-4 decision on behalf of the majority. The decision focused on the Eighth Amendment proportionality clause which states, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inï ¬â€šicted.† Justice O’Connor noted  that the Court had issued prior rulings on Eighth Amendment proportionality. In Rummel v. Estelle (1980), the court ruled that a three-time offender could be given life without parole for obtaining about $120 under  Ã¢â‚¬Å"false pretenses, under a  Texas  recidivism statute. In Harmelin v. Michigan, (1991) the Supreme Court upheld a lifetime sentence leveled against a first-time offender who had been caught with over 650 grams of cocaine. Justice O’Connor applied a set of proportionality principles first laid out by Justice Anthony Kennedy in his Harmelin v. Michigan concurrence. Justice O’Connor noted that three-strikes laws were an increasingly popular legislative trend, aimed at deterring repeat offenders. She cautioned that when there is a legitimate penological goal, the court should not act as a â€Å"super legislature† and â€Å"second guess policy choices. Imprisoning a man for 25 years to life for stealing golf clubs is grossly disproportionate punishment, Justice OConnor wrote. However, the court must take into account his criminal history, before making a judgment. Ewing stole the clubs while on probation for at least two other serious felonies. Justice O’Connor wrote that the sentence could be justified because the State of California has a public-safety interest in incapacitating and deterring recidivist felons. The Court did not consider the fact that grand theft is a wobbler to be significant. Grand theft is a felony until the court deems otherwise, Justice OConnor wrote. Trial courts have the discretion to downgrade, but given Ewings criminal history, the judge chose not to give him a lighter sentence. That decision did not violate Ewings Eighth Amendment protection, according to the Court. Justice O’Connor wrote: To be sure, Ewings sentence is a long one. But it reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated. Dissenting Opinion Justice Stephen G. Breyer dissented, joined by Ruth Bader Ginsburg, John Paul Stevens, and David Souter. Justice Breyer listed three characteristics that could help the Court determine whether a sentence was proportional: the time the offender will likely spend in prisonthe criminal conduct and circumstances surrounding itcriminal history The fact that Ewing’s latest crime was not violent means that his conduct should not have been treated the same as if it was, Justice Breyer explained. Justice Stevens also dissented,  joined by Ginsburg, Souter, and Breyer. In his separate dissent, he argued that the Eighth Amendment expresses a broad and basic proportionality principle that takes into account all of the justifications for penal sanctions. Impact Ewing v. California was one of two cases that challenged the constitutionality of three-strikes laws. Lockyer v. Andrade, a decision handed down on the same day as Ewing, denied relief under Habeus Corpus from a 50-year sentence imposed under California’s three-strikes law. Together, the cases effectively prevent future Eighth Amendment objections to non-capital sentences.   Sources Ewing v. California, 538 U.S. 11 (2003).Lockyer v. Andrade, 538 U.S. 63 (2003).

Wednesday, May 6, 2020

Thomas Hobbes And The Constitutional Struggle - 1114 Words

Thomas Hobbes was born April 5, 1588 in Malmesbery. His father left the family in 1604 and never returned. Hobbes was then raised and educated by the support of his uncle. His younger years of education were received through local schools while his college education in the classics was received from Magdalen Hall, University of Oxford. After he received his education, Thomas Hobbes became the tutor of William Cavendish in 1608. Two years after becoming his tutor, Cavendish and Hobbes travelled to Europe together visiting Germany, France, and Italy. After Cavendish died in 1628, Hobbes obtained another position within the Cavendish family but later became the tutor to William’s son. During those years, Hobbes returned to Europe twice more†¦show more content†¦He remained in voluntary exile for 11 years. During that time he became a tutor for the Prince of Whales who was also exiled. Hobbes believed that without a social contract people would come to live in a state of nature. Meaning that there would be no common way of life and people would live in fear of one another. Without the social contract there would be no authority to set up any laws. People would behave in anarchy and chaos. Society would only act on what benefit themselves instead of each other as a whole. This kind of society would only result in an upright war between the people living among each other. Hobbes perceived the ideal society in his best-known piece of work, Leviathan, publish at the end of his exile in 1651. Throughout four books, the Leviathan argues that civil peace and social unity are best accomplished by establishment of common wealth through a social contract. In the Leviathan, Hobbes’s ideal common wealth is ruled by a sovereign power that is granted absolute authority in order to ensure their responsibility of protecting the common wealth. In his books, Thomas Hobbes portrays the common wealth as a gigantic human, whose form is built out of the bodies of citizens. The sovereign power is considered the head because it is what controls the citizens. Hobbes calls this figure the â€Å"Leviathan†, named after a monstrous sea creature that appears in the Bible. His piece