H A L E Y K I N G
DON'T FEAR THE JURY
CITATION
Obrien, George. "'Don't Fear The Jury'." Businesswest 27.18 (2012): 17-20. MasterFILE Elite. Web. 23 Feb. 2014.
SUMMARY
The article features John Bagley, a man recently elected to the American College of Trial Lawyers (ACTL). Bagley talks about how there is a false fear when it comes to jury and jury trials when it comes to civil-litigation. He mentions the current stereotype of the jurors that they are unable to understand “complex testimonies” and will always fall to their sympathy to injured plaintiffs. It is stated that arbitration is not always the right choice taking into consideration that it is one person is deciding the outcome rather than a jury. Bagley talks about his pride in being elected into the ACTL and how it means that he has kept the highest standards of professionalism, ethics, and civility.
POTENTIAL QUOTES FOR AN ESSAY
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“If I had a simple message for people, it would be, ‘don’t fear the jury.’” (p. 18)
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“…movies and television have done a disservice to the legal profession – in many ways. Chief among them he believes is the way lawyers are portrayed in the courtroom” (p. 18)
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“Arbitration serves an important need, and for the right case, it’s the right way to go.” He said, “But it’s not always the preferred way.” (p.19)
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“…you’re giving it all up with arbitration; you have a single person acting as judge and jury.” (p.19)
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“The magic of the jury is that somehow, while one individual may be tugged by the heartstrings, collectively, the 12 won’t; that’s what I believe happens.” (p. 20)
ASSESMENT/CREDIBILITY
This article is found in the business journal of Massachusetts. It also features information and opinions from an interview with John Bagley, man that is very established in the area of civil-litigation. This article was also found using Galileo.
REFLECTION/HOW I WILL USE IT
This article will be used to support the side of the argument that states a jury trial is better than a bench trial in addition to the information retrieved in my interview with a lawyer. The information John Bagley provides lays a solid foundation to support jury trials and chose against a bench trial or an arbitration. The paper also has many quotes to use that will help my paper to flow.
HABEAS CORPUS REVIEW
CITATION
CRIMINAL LAW - FEDERAL HABEAS REVIEW UNDER AEDPA - SIXTH CIRCUIT INTERPRETS "CLEARLY ESTABLISHEDFEDERAL LAW" NARROWLY. -- Bunch v. Smith,685 F. 3d 546 (6th Cir. 2012). (2013). Harvard Law Review, 126(3), 860-867.
SUMMARY
This article features information about the sentencingregarding Bunch v. State case. It goes over the many appeals that Bunch tried to make and what they claimed. This particular article goes over Bunch trying to make a point the original ruling goes against the 8thAmendment as well as the ruling in Graham v. Florida.
POTENTIAL QUOTES FOR AN ESSAY
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“I just have to make sure that you don’t get out of the penitentiary, I’ve got to do everything I can to keep you there because it would be a mistake to have you back insociety.” (p.861)
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“This standard allows the federal courts to grant habeasrelief only if the state courts adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federallaw”” (p.862)
ASSESMENT/CREDIBILITY
This source is credible because it was found from Galileo and it is found in the Harvard Law Review. TheHarvard Law Review is a credible source for this article because Harvard is a law school.
REFLECTION/HOW WILL I USE IT
I will use this article to show how some most all court decisions use previous decisions to decide the verdict. Also it will be useful to define the 8thwell as Habeas Corpus to the readers. Defining major amendments and laws will be in a section with the information from this article.