Deportation Law Problem Question Case Study

Deportation Law Problem Question Case Study Yes, if Mr. Adams accepts the offer and is faced with deportation, his likelihood of success on an ineffectiveness claim would depend on how easily the average criminal defense attorney could have determined that the crime to which he pled was a deportable offense. This scenario does not state what Mr. Adams is pleading guilty to. Under the immigration statute U.SC 1227(a)(2)(B)(i), states that any alien is deportable for anything related to a controlled substance unless it is for a person’s own use of thirty grams or less of marijuana. Mr. Adams declared that he wanted to understand the immigration consequences in order to decide whether to accept the plea. However, his attorney rejected to explain the immigration consequences himself and directed him over to an immigration clinic located in a law school where a student advises him that his crime has no deportation consequences. The reason that Mr. Adams would have success on an ineffectiveness claim due to how easily the average criminal defense attorney could have determined if the crime was deportable is because of the ruling in Padilla v. Kentucky. Padilla’s counsel gave the wrong advice about deportation which caused Padilla’s plea to automatically deport him. It was determined in the this case that Padilla’s attorney could have very easily confirmed that Padilla’s plea would automatically make him eligible for deportation by merely scanning the immigration statute on controlled substances. Likewise, in this particular case with Mr. Adams, his attorney could have simply read the same immigration statute and told Mr. Adams that his plea would automatically trigger deportation. The court in Padilla did acknowledge that immigration law is a very complex law and attorneys that are not well versed in it would perhaps not understand. However, they determined that when a law is succ inct and straightforward, the responsibility and obligation to give correct advice is clear and when the law is not clear or succinct the attorney, at the bare minimum, tell their client they may face deportation consequences. As a result, Mr. Adams has a good chance of success on an ineffectiveness claim against his attorney. The attorney could have easily read the immigration statute and told Mr. Adams that his plea would trigger deportation and Mr. Adams would have chosen another option rather than accepting the plea. Even if the law was not succinct or straightforward, the attorney still had the obligation to let Mr. Adams know that there were deportation consequences. Yes, along with question number one, Mr. Adams is guaranteed to succeed on his ineffectiveness claim. Strickland v. Washington, (466 U.S. 668, 1984) states that defendants are permitted to having the effective assistance of competent counsel. The Strickland case posed that to prove ineffectiveness of counsel the defendant must show that 1) performance of counsel was objectively unreasonable and 2) prejudice in the sense that counsels’ errors were serious enough that the defendant would not have pled guilty if given correct advice. The fact that in question one, Mr. Adams attorney could have clearly read the immigration statute and gave his client a clear answer clearly shows that the performance was objectively unreasonable. Secondly, the fact that Mr. Adams’ attorney could have conducted a brief web search of the immigration clinic and saw numerous complaints about the legal advice also shows his performance as counsel was unreasonable. When you put these two together, the counsels’ errors were serious enough that Mr. Adams would have never accepted the plea if he knew he would automatically be deported if he accepted it. Justice Rehnquist’s majority opinion rejected to extend its holding in Douglas. It was held that having a counsel appointed to a defendant is only mandatory on an appeal that is granted as of right, without needing consent of the appellate court. The court furthermore characterized the situation of a defendant at the trial and appellate stages of a proceeding. Counsel is only required when it is a matter of due process and it is the attorney for the state who is prosecuting a case. However, on appeal, the defendant is the one who is initiating the process of requesting review. The court additionally reminded that appeals are not required by due process. Furthermore, the court also affirms that there really is no need for appointed counsel during a discretionary appeal. The court explains by showing that on discretionary appeals, an indigent defendant has already had the help of a lawyer in organizing and preparing briefings during the first level of appeal. Therefore, the court says that those briefs are going to be used during the discretionary review. Secondly, the indigent defendant already has a transcript of the record in the trial court reproduced and thirdly, they could possibly have a decision recorded by the first appellate court that a greater court can use in order to review the issues at hand. With all this being said, the court says there is enough material to effectively and sufficiently guarantee that a review request by the greater court is meaningful. When it comes to the dissent in this case, Justice Douglas is joined by Justice Marshall and Justice Brennan. All three justices agree with Chief Judge Haynsworths opinion who believes that the most meaningful review of the defendant’s criminal conviction would be at the North Caroline Supreme Court. Thus, counsel is essential to the process. The dissenting justices, reviewing a conviction is of utmost important when it comes to fairness and it must require counsel assistance. They believe that all the briefings from the first appeal and all of the records do not address the issue that the Supreme Court has to resolve which is whether the particular case is worthy of review. The justices also believe that appointed counsel is essential at further appeal stage because arranging a petition of certiorari is very technical in nature and a indigent defendant will be particularly incapable to negotiate. Lastly, they assert that is would be tremendously easy to have the exact same ap pointed counsel from the earlier appeal to remain the defendants counsel in the later stages of appeal. As a result, Justice Douglas and the other would have ruled that the fairness of the due process clause and equal protection equality would demand appointed counsel in discretionary appeals. Overall, if Justice Rehnquist accepted the dissent’s view about relative need, he would not have to overrule Douglas v. California (372 U.S. 353, 1963). It states in Ross v. Moffitt that the fourteenth amendments’ due process clause does not require North Carolina to offer the defendant with an attorney on his discretionary appeal to the State Supreme Court. The Douglas issue was whether the assistance of counsel during the first appeal of right is a fundamental right in which they decided that indigent petitioners are indeed entitled to appointed counsel at the appellate level. However, the dissent in Ross v. Moffitt, (417 U.S. 600, 1974) by Justice Douglas, Brennan and Marshall are essentially arguing that there should be a right to appointed counsel beyond the first appeal as of right. Thus, Justice Rehnquist accepting the dissent does not necessarily mean he would have to overrule Douglas v. California, (372 U.S. 353, 1963) but to go ahead and extend the ruling to h aving an appointed counsel beyond the first appeal as of right. The courts holding in Mr. Goodbars’ case is supported by Strickland v. Washington, (466 U.S. 668, 1984). In the Strickland case, in order to achieve relief due to ineffective assistance of counsel, a criminal defendant has to pass a two prong test about his/her counsels’ assistance during the proceeding. The first test has to show that their counsels’ performance fell below an objective standard of reasonableness. The second test has to show that the counsels’ lacking performance gives a rational likelihood that, if counsel had performed effectively, the result of the proceeding would have been different. In this particular case, Mr. Goodbar did not show any proof of his counsel doing anything unreasonable or omitting something that should have been said or shown during the proceeding. He is merely presenting the court with a copy of a study that determined that indigents charged with non-capital murder in Philadelphia between 1994- 2005, had a lesser chance of receiving a life sentence if they were represented by a public defender than assigned counsel. Just presenting a study does not show in any way that counsel was ineffective in his/her assistance. Strickland v. Washington (466 U.S. 668, 1984) clearly states that if a defendant wants to prove an ineffectiveness claim they must have proof of counsels’ inadequate performance and because of that inadequacy the result would have been different. Therefore, without proof of being deprived of effective assistance to counsel, the courts holding will stand accordingly.

2004 MLB Wins Regression Essay -- essays research papers

On Wednesday, October 27th 2004, the Curse of the Bambino was finally lifted off the City of Boston and its long-suffering baseball fans (see Appendix A for more on the Curse). For the first time in 86 years, the Boston Red Sox were the world champions of baseball. There is no arguing that the 2004 Red Sox were a good team that played excellent baseball throughout the season. The team was led not by talent cultivated through the Red Sox’ farm system but by high-priced, free-agent acquisitions such as Pedro Martinez, Manny Ramirez, Keith Foulke, Curt Shilling and David Ortiz. The average age for a Red Sox team member was 31.1 years, the oldest team average in the league. Additionally, the cumulative payroll for the 2004 Red Sox was the second highest in Major League Baseball at $125,208,542 or $4,173,618 per player. The previous two statistics describe some of the off-field demographic makeup of the 2004 Red Sox. In additional to being a veteran and well-paid ball club, the Red Sox performed well on the field as well. The team batting average (number of hits divided by number of official at-bats) of the Red Sox was tied for the highest of the 30 Major Leagues teams at 0.282. In terms of pitching statistics, the Red Sox were in the top thi rd of earned run average (E.R.A.; the number of earned runs allowed per nine innings of play). Fielding average (number of successful fielding attempts divided by total number of fielding attempts) is the only major statistic where the Red Sox were significantly below the mean, ranking in the bottom quartile. I am interested in analyzing the Major League Baseball data from the 2004 season to determine the factors that best predict success (measured by the number of team wins). I am especially interested in analyzing the relationship between wins and payroll. I am most curious about this relationship because this relationship can be controlled by the ball club’s management. On-field performance is less controllable by the team’s management because it has a higher ‘human performance’ element. Furthermore, I will obtain the linear regression equations for the various variables and detailing the additional amount of wins for the marginal amount of the independent variable. In addition to analyzing the relationship between payroll and wins, I am also interested in analyzing the relationship between other major statistical categ... ...s out the level of payroll was not a significant variable for predicting the number of wins. Although the Boston Red Sox had a high payroll, I conclude that their success was much more related to their superior hitting and pitching during 2004 than to their high-payroll. Appendix A The Legend of the Curse In 1918 the Red Sox won their 5th World Series, the most by any club at that time. One of the stars of the Boston championship franchise was a young pitcher by the name of George Herman Ruth, aka The Babe or The Bambino. In 1920, however, Red Sox owner Harry Frazee needed money to finance his girlfriend's play, so he sold Babe Ruth's contract to Colonel Jacob Ruppert's New York Yankees for $100,000 (plus a loan collateralized by Fenway Park). Since then, the Yankees, who had never won a World Championship before acquiring Ruth, have gone on to win 26, and are arguably one of the greatest success stories in the history of sport. Meanwhile, the Boston Red Sox have appeared in only four World Series since 1918, losing each one in game seven. Many consider Boston's performance after the departure of Babe Ruth to be attributable to "The Curse of the Bambino." 2004 MLB Wins Regression Essay -- essays research papers On Wednesday, October 27th 2004, the Curse of the Bambino was finally lifted off the City of Boston and its long-suffering baseball fans (see Appendix A for more on the Curse). For the first time in 86 years, the Boston Red Sox were the world champions of baseball. There is no arguing that the 2004 Red Sox were a good team that played excellent baseball throughout the season. The team was led not by talent cultivated through the Red Sox’ farm system but by high-priced, free-agent acquisitions such as Pedro Martinez, Manny Ramirez, Keith Foulke, Curt Shilling and David Ortiz. The average age for a Red Sox team member was 31.1 years, the oldest team average in the league. Additionally, the cumulative payroll for the 2004 Red Sox was the second highest in Major League Baseball at $125,208,542 or $4,173,618 per player. The previous two statistics describe some of the off-field demographic makeup of the 2004 Red Sox. In additional to being a veteran and well-paid ball club, the Red Sox performed well on the field as well. The team batting average (number of hits divided by number of official at-bats) of the Red Sox was tied for the highest of the 30 Major Leagues teams at 0.282. In terms of pitching statistics, the Red Sox were in the top thi rd of earned run average (E.R.A.; the number of earned runs allowed per nine innings of play). Fielding average (number of successful fielding attempts divided by total number of fielding attempts) is the only major statistic where the Red Sox were significantly below the mean, ranking in the bottom quartile. I am interested in analyzing the Major League Baseball data from the 2004 season to determine the factors that best predict success (measured by the number of team wins). I am especially interested in analyzing the relationship between wins and payroll. I am most curious about this relationship because this relationship can be controlled by the ball club’s management. On-field performance is less controllable by the team’s management because it has a higher ‘human performance’ element. Furthermore, I will obtain the linear regression equations for the various variables and detailing the additional amount of wins for the marginal amount of the independent variable. In addition to analyzing the relationship between payroll and wins, I am also interested in analyzing the relationship between other major statistical categ... ...s out the level of payroll was not a significant variable for predicting the number of wins. Although the Boston Red Sox had a high payroll, I conclude that their success was much more related to their superior hitting and pitching during 2004 than to their high-payroll. Appendix A The Legend of the Curse In 1918 the Red Sox won their 5th World Series, the most by any club at that time. One of the stars of the Boston championship franchise was a young pitcher by the name of George Herman Ruth, aka The Babe or The Bambino. In 1920, however, Red Sox owner Harry Frazee needed money to finance his girlfriend's play, so he sold Babe Ruth's contract to Colonel Jacob Ruppert's New York Yankees for $100,000 (plus a loan collateralized by Fenway Park). Since then, the Yankees, who had never won a World Championship before acquiring Ruth, have gone on to win 26, and are arguably one of the greatest success stories in the history of sport. Meanwhile, the Boston Red Sox have appeared in only four World Series since 1918, losing each one in game seven. Many consider Boston's performance after the departure of Babe Ruth to be attributable to "The Curse of the Bambino."

Organizational Behavior Essay

There are basically 2 types of organizational structures commonly found in every organization. Namely these two are the vertical organization or the horizontal organization. (Deal, Kennedy, Deal & Kennedy, 2000). I myself have worked in both scenarios and personally favor the horizontal approach as the proposition for success is to work in teams, and cross functional teams. If a company follows a vertical approach then supervision of work becomes a much more difficult task and communication gaps arise which have been termed as the major component of project and process failures. In a horizontal organization hierarchal levels are divided in such a way that management of work becomes easier and people of different departments can share their expertise and knowledge when working together. An organization’s bottom line consists of 2 aspects, which are sales and costs. It is the major objective of any organization to maximize its sales and decrease its costs to the minimum in order to extract maximum revenues and hence increase profits and growth (Belker & Topchik,2005). Costs can be reduced when a horizontal structure is being followed as the number of channels through which information flows till it reaches its destination is reduced but opposite is in the case of a vertical approach where any information needs to cross through many channels before it reaches its destination. his results in the altering of the original message which negatively affects business plus due to the number of channels costs also increase (Porter, 1998). In the same way cross functional teams in a horizontal approach can lead to better and efficient performance as each member of the team is representing his or her department and wants to prove his or her abilities, hence this results in more efficient business processes (Singer, 2004). On the other hand a vertical approach makes it difficult for the company to work because no department is ready to share his or her data with other departments and it is difficult to manage the circulation of information throughout the organization, which results in slow business processes and inefficiency.

Literary Analysis Of Invisible Man - 1877 Words

Title: Invisible Man Genre: Social Commentary Historical context: Year Published: 1952 Literary Period: Modernism Historical or Literary Connections: Invisible Man was written shortly after the Allied victory of World War II. The novel does not focus around the war at all, it focuses on the mass discrimination which took place all over America, especially in the deep south. Protagonist: The Narrator The narrator is a black man living in the 1930s, when racial prejudices are evident throughout America most distinct in the deep south. The narrator describes himself as â€Å"invisible† because no one seems to understand him as a person because they are blinded by his skin color. Antagonist: Brother Jack Brother Jack at first seems almost normal,†¦show more content†¦Race: The novel also relies heavily on race. The story revolves around invisibility caused by racial injustice. Settings: The novel mostly takes place in Harlem, New York, but starts at a college campus. Allusions: Marcus Garvey: Marcus Garvey is portrayed by Ras the Exhorter. Both Ras and Garvey believe that only the black community should join together to end racial prejudices in America, and resent help from white people. Point of View: First Person Point of View Part 2: Journal Entries Journal Entry #1: Analyzation: Page 3, Paragraph 1 â€Å"I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe; nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids-and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes in circus sideshows, it is as though I have been surrounded by mirrors of hard, distorting glass. When they approach me they see only my surroundings, themselves, or figments of their imagination- indeed, everything and anything except me.† The novel begins with this paragraph to introduce the narrator, who is the protagonist of Invisible Man. The author started the book with the simple sentence â€Å"I am an invisible man† in order to address the main focus of the entire novel in a concise manner. The paragraph then begins toShow MoreRelatedLiterary Analysis Of Invisible Man 1570 Words   |  7 PagesAddell November 16, 2015 Literary Analysis of Invisible Man The idea of double consciousness, termed by W.E.B. Du Bois, for African Americans deals with the notion that one’s self has duality in being black and American. It is the attempt to reconcile two cultures that make up the identity of black men and women. One can only see through the eyes of another. A veil exists in this idea, where one has limits in how he or she can see or be seen. 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