Court Observation

Court of Appeals – Oral Argument Archive

Recording:

http://www.courts.state.ny.us/ctapps/arguments/2020/Jun20/Video/31.html

Tuesday, June 02, 2020 12:11

Based on this argument, the question being brought to the court is whether or not the actions taken against “Paul H. Sender”, due to his hostile words that were deemed “problematic”, when it comes to referring to someone inappropriately based on their gender, identification and so forth, were fair. It is argued that Mr. Senzer while he sent certain emails, which though he thought was private, decisions in this matter, did not necessarily reflect on his entire career as a judge. They confounded by arguing that Mr. Senzer, though his reasoning was weak, had no ill, or monetary, will, which is came to his comments. These arguments were continued based off of the positive aspects of the judge serving on the court. It’s overall argument is concluded by saying though the judge made these comments, he sincerely regrets them, and considers the council’s decision to remove him from the bench did not quite fit well in accordance to the basis of dismissal. On the other hand, those opposing the judge in discussion, argued that the words used, “reduced a woman, a female professional, which is a thing that is rarely done when talking to a male.” They continued to say that, “any language, over a period of time, that denigrates the court system as a whole, is problematic.” These individuals concluded by saying the occasional use of terms in question is not what’s being reflected in the case, but rather the use of these terms overtime by someone bestowed with these honorable duties, was wrong and the decision for removal was well warranted due to the knowledge that these comments were wrong, the overtime use of these languages, and inability to be sensitive and aware towards the individuals (victims) in question. Also, it argued that the judge, is able to commit such actions, could easily make decision that could be seen as a  reflection of all his colleagues as well, which is not what the courts stand for.

Personally for me, I found no surprise in this case. The reason for this is because I looked at this case from a straightforward perspective. A judge, someone aware of laws, that has provided over many cases overtime, is aware of the time and place of things, even with this knowledge, if they are able to still making certain derogatory comments, are well aware of their actions, and should be punished in accordance of regulations set in place. He is grown men and I cannot see how there is even a case in the given circumstance. I do also believe that the judges defense was very contradictory. How do you go to court to defend a client, but essentially also admits the the client is wrong, what he did was he did was not right, then continue saying he had a good history as a lawyer, so all should be forgotten!? That’s what’s wrong with this system, there’s too much expectations of leniency, and abuse of individuals, especially those that are knowledgeable about these things. I feel that the opposing side of the argument conducted themselves with more candor, posture and humanity. Meanwhile the judge defense was stuttering trying to find excuse and defend someone he know deep within was wrong, but still tried to find these excuses, making his argument sound weak and made up. Therefore, with all considered, I found against the judge, side was more persuasive. Throughout this argument, I did find some difficulties due to the use of language, but was able to piece together most of it. I am assuming due to their experience on the bench and elsewhere, results in the difference with how they communicate. All in all, while this is now something I found joy in reading due to the whole point of the case, I did find it very informative.

Reviewed Cultural Source

Identification:

Title: A Time To Kill

Based on Book by: John Grisham

(Book Published in 1989)

Movie Directed By: Joel Schumacher

Summary of the Story:

As stated in the beginning of this assignment, “The movie takes place in a period where racism still existed and courts were still biased. A poor Black family living through a time like this has suffered a lot, but they’re pushed over the fence when their daughter, 10 Year Old Tonya Hailey, was raped and beaten by two local problematic white men (not surprised). At that time, Carl Lee Hailey (started by Samuel L. Jackson), wanted justice for his daughter but knew if he even had a fighting chance of his own, needed support from a reputable White Lawyer, Jake Brigance; who eventually became closer to the family.”

How the story portrayed legal concepts addressed:

Based off of everything learned during this semester, and reviewing different concepts of law, I believe this story portrayed a variety of different concepts, as well as laws. One of the biggest things to be stated about this story, is how it portrays one of the biggest issues faced in the world, especially for Black individuals, which is racial discrimination. During this court case, there was clear racial bias towards the rape victim, Tonya Hailey, and her family. Even with clear evidence and a variety of different individuals speaking out, even with representation of one of the best white lawyers, the judge was not convinced in favoring the case in Carl Lee Hailey’s favor. It is sad to say during the movie, there we no shame within the higher powers either, and it is also  is important to note that these are issues that we still face, if not more common, in the present as well. Another concept seen is the structure of the court system during the entirety of this case. Carl Lee had to first find a lawyer, in which he did, but had to later file a motion to change the jury, and judge due to the history of the judge, and obvious bias towards him and his family. With that, the case went through different sectors of the court system. With the structure, it showed a clear reflection that there was no decency, and still not any, in cases like these, and similar.

Reaction:

Personally, I firmly believe that, “A Time To Kill”, touches base on some of the most important issues faced not only in the past, but currently as well. It has affected my view of law, and the legal profession in general, because it showed me how nauseating some people, courts, and human beings can be in some of the worse situations I can fathom. With this story, the fact that the little girl got raped, and these grown, incompetent and racists adults still managed to be racist and disgusting, treating it as something that wasn’t that serious; it’s something that is beyond me. With that, it made a huge spark in me and awakened something in me, a fuel, a passion to make a difference, a change and use my growing knowledge to one day, manage to bring justice to those in similar, or different situations as well. It is sad to say humanity will never show progress if there is no shift from the close minded, and old ways of thinking, and the inability to see one another for something other than race. “A Time To Kill” covered many of the points, making it the best option for me to have chosen, and one of the best movies I’ve watched.

FYLC Collaborative Assignment 2

…..

Introduction:

Democracy, interesting word, right? When one hears democracy, you’d think it means having your voice heard, having your voice matter, however, is that always ever the case in the United States, or politics in general? The electoral college is a fine example of where the United Stated went wrong.  To put it simple, for those who do not what the electoral college is, they’re essentially the body of individuals chosen by state by voters, who at the end, picks who our president is. The electors soul purpose was to act as a filter to ensure the presidential election was faithfully carried out, and to prevent certain unqualified, dangerous, people  from entering office- but I’m sure we realized that they’ve failed at that countless times past and present. For my research topic, I wanted to look into something that make sense, and fits my interests. With that, I thought, instead of getting rid of the college in a whole, why not repurpose it? And so, I’ve decided to dig a bit deeper because I found it quite interesting due to the fact something so important is so pointless. My question was, “The electoral college is defined in the constitution, what stops electors from being bias as to who they elect?” So that makes me wonder, instead of giving so much power to a group of individuals, why not have them just act as a trial, a court that investigates the two presidential candidates, dives into their pasts, or even restructure it in any way that gives it actual purpose and efficiency; to ensure the United States has a leader with a fair history to hold one of the highest honors in the world. So then, I found a article that carried my exact thoughts out.

Bibliographic Entry:

Foley, Edward B. An Idea for Electoral College Reform That Both Parties Might Actually Like. 12 Jan. 2019.

In this law review article, it dives straight into the mysteries of the electoral college. This article seems to have a neutral stance regarding the college. As stated in the article, “Another idea: A state could award all of its electoral votes to a candidate who receives a majority of the state’s popular vote, but if no candidate does, then the state would apportion its electoral votes among the candidates.” I believe the point of this article which is important to note, is that it seems to take more of a strategic approach to the electoral college, which correlates to my original l research question. There’s quite a few important points stated in this article, but it is important to see the main point being made is that the college has had an exceptionally long run of attempts to reform, abolish, and so forth. So, instead of trying to remove it as a whole, we should approach it in a way where the American people’s voices are heard, but there’s also a safety net in place to ensure the legitimacy of the election. The most important point of the other hand, is stated as, “The 12th Amendment left in place the power of states to appoint their electors “in such Manner as the Legislature thereof may direct,” consistent with the Jeffersonians’ commitment to federalist”. From this quote, it essentially highlights the fact that the power is given to these electors, but how it is used is all based on their morals, views, and thus forth.

Personally for me, I am also neutral in the matters of the electoral college. While of course it would be easy for anyone to say, “abolish it!”, “it’s unfair!”, yes, that may be true, but just like anything else, there needs to be some sort of filter within the presidential election. Otherwise, that’s setting the county up for major catastrophe. An example, a A-list celebrity that has no prior experience in law, business, or anything virtually helpful in politics, might run to be president. In the supposed case they win, it’s putting someone who has no clue what they are doing, or going to do, in office, which is very tragic. We most remember that the electoral college’s role within the elections are essentially **TO ACT AS A FILTERING COMMITTEE OF A SORTS**, however, over the past few years, it has lots sight of its true purpose. While it is easy to simply say, “REFORM THE ELECTORAL COLLEGE THEN!!!!!”, we must be asking ourselves this: What are we doing as a society to help secure democracy required to create change? Now, going back to my researching question, “The electoral college is defined in the constitution, what stops electors from being bias as to who they elect?” Well quite frankly, there are mechanisms in place usually as the recent Supreme Court ruling stating that all electors must go by the states votes. On the other hand, you have secret donations being funneled to electors prior to voting, funneled to their campaigns, charities, centers; its non-stop. So at the end, it now comes down to not asking what stops the electors from being bias as to who they elect, but rather, what’s being set in place to ensure the morals, dignity and honor set forth in these prestigious positions, are upheld? Nevertheless, in politics, it seems to always end up being a never ending trial of unanswered questions, illegal interactions, hidden emails, scandals, orange spray tans, and well – I’m sure you know where I’m getting at; I can go on. With that, sight of what truly matters ends up being lost. Until these things are addressed, humanity is considered, no true progress would ever be made.

Quotables:

“The force of inertia is strong, to be sure. But overcoming lack of political will is easier than passing a constitutional amendment.”

Election 2020 Thing

https://www.google.com/amp/s/www.cbsnews.com/amp/live-updates/senate-elections-2020-live-updates/

Looking at this article, it’s sourced with local news networks to bring the most accurate information regarding the presidential and congressional elections. These updates are usually refreshed every few minutes, or whenever an update is available.

Personally, I feel there’s a win-win situation here. I believe that Biden-Harris will win this election. However, in the given situation they don’t, I still believe there’s hope. If you look at the results for congressional section of the elections, you should notice the democracy’s already won the majority of the house again. Also, and this part is important, they are on tract to controlling the majority of senate as well. Even if this doesn’t necessarily happen, they are projected to hold more seats than they did before, making it harder to push certain laws pass and giving them a good foothold even if Trump wins. It’s very important that you look at this election from every single perspective possible.

Timekeeping Assignment

Well, here ya go!

.25 – Got, started into this dreadful world for a minute or two, and got ready for work.

.50 At work for a while, was getting ready for a day of MASSES of patients (I’m not kidding!)

.75 – Realized I should’ve probably ate before work because at that point I was starving while at work.

1.0 – Really questioning why I didn’t eat before work.

3.0 – Guess what!? I finally went on my break and ate!

Personally for me, I usually have my day go with the flow. With this, I don’t mean it in an irresponsible way. This just means that I’ve already conditioned myself into waking up at a certain time, getting ready by a certain times, eating by a certain time etc, (except for days like today when I left without eating before work, don’t judge me, don’t judge me I say!) Anyhow, time management tends to make things less fun, so I do it less formally, and more on a way I wouldn’t be as annoyed when waking up in the morning, if you all get what I’m saying? I’m pretty perticular, but I do get the point of this assignment and time management is an essential skill in life. However, who says you can’t make it into a way it can be a fun thing too!?

Anyhow, thanks for reading! See ya!

Why are you still reading?

OK, stop reading!

You’re still reading, haha, got you.

You’re still reading when now, hahaha.

Yeah, let me stop. I need sleep, this is what being active all day does to you, okay.

Logging off!

Ruth Bader Ginsburg

As we all are still trying to overcome a very overwhelming and destructive pandemic, we have received some awful news for the American people. On the 18th of September, 2020 in her Washington, D.C. home, the second woman to ever serve on the U.S Supreme Court appointed in 1933 by President Bull Clinton, the notorious, Justice Ruth Bader Ginsburg has passed away due to complications from pancreatic cancer. We did not simply just lose an amazing soul, but we lost someone who has spent her entire life not only being a feminist icon, but also fighting for what matters for all lives in the United States. With Justice Ginsburg’s position on the U.S Supreme Court, it allowed a lot of individuals to feel at ease knowing she would issue her absolute best judgment on the issues we see that threatens the constitution, as she have been. Justice Ginsburg is known for many things, including her constant fight on laws and cases that threatened the right all women should be entitled to (see her opinions on the Supreme Court’s historic 1973 landmark Roe v. Wade. and how critical her position was on the case). Unfortunately with her passing, the future in abortion laws and a lot of other rights pertaining to women’s control over their bodies is now in danger. We will not know the future of this among the countless other things that can and will be affected by her death, but we should spend this time celebrating her life, legacy and strengths for all of these years and protest to ensure the government

I would like to offer my condolences to the family of Justice Ruth Ginsburg, and pray that her soul Rest’s In Everlasting peace in Jesus name I pray, amen.

 

SOURCES:
Author: Linda Greenhouse

Posted: 09/18/2020

Law Office

If anyone knows me, I’ve always had a passion to help others, at any means necessary. For me, Law is a way for me to do so. When making the decision to pursue a degree in Law & Paralegal Studies I have always put myself in scenarios where I can set myself up for success and what this means is that I’ve given myself time to figure out the types of stuff I would love to do. Nevertheless, I have decided that one of the few things I can see myself using my degree to work in, would be the Secret Service. The ‘Secret Service’ jurisdiction covers the entire United States. They have the ability to investigate anything that threatens the well being of its protectees, or financial crimes; generally, you can say their jurisdiction can expand whenever necessary and granted by the President, or homeland security which it currently resides under. The link to the secret service website is https://www.secretservice.gov/

The ‘Secret Service” does have law divisions, though, not necessarily something I’d be as keen to working it which may seen in a way counterintuitive. My goal is to use my Law degree to get in the agency and join the enforcement division. I’ve always wanted to work in a position like this because I always found myself getting excited hearing stories from my eldest brother who’s a veteran in the Navy, and my current brother who serves. That, on top of movies and years of research; I can say it’s something I’d be genuinely happy doing.

The Secret Service has many field offices, but really, the main and most popular one resides in Washington D.C (245 Murray Lane
Washington, DC 20223), in close contact with the President and his administration on standby by and assess with anything that threatens the administration, or the countries well being.

FYLC Assignment Response

After reading ‘Mother Tongue’, by Amy Tan, I did notice quite a few legal issues and questions. One of the most noticeable legal issue I’ve noticed within the story can be seen on Page 3, Paragraph 4, Sentence 3, “I started writing nonfiction as a freelancer the week after I was told by my former boss that writing was my worst skill and I should hone my talents toward account management.”

Now, some may ask, “how is this a legal issue?” Well, if Amy Tan found it necessary, she could’ve sued her boss for direct racial harassment because her boss at that time made a comment that backs the stigma in society where Asian Americans are mainly are often seen only for their exceptional potential in math oriented careers and nothing else and are often discriminated due to this. This is further backed by Amy later in the story, when she states questions brought to her such as, “Why are there not more Asian Americans represented in American literature?”, “Why are there few Asian Americans enrolled in creative writing programs?”, “Why do so many Chinese students go into engineering!” Those are all questions that employers in countless companies and positions still has yet to answer.

Nevertheless, making comments, especially as a authoritative figure, telling someone from the Asian American decent, that writing is their worst skill and they should focus their talents towards account management, that is overall harassment in the workplace and yes, they can be sued for such a reason.

Cultural Review

I’ve recently selected a movie, “A Time To Kill”, as my cultural review. This movie was based off the book by “John Grisham”, published in “1989.” A few years later in 1996, the book was turned into a successful movie which was directed by Joel Schumacher and was later nominated for several different awards, including Golden Globes, NAACP, People’s Choice and quite a few others.

The movie takes place in a period where racism still existed and courts were still biased. A poor Black family living through a time like this has suffered a lot, but they’re pushed over the fence when their daughter, 10 Year Old Tonya Hailey, was raped and beaten by two local problematic white men (not surprised). At that time, Carl Lee Hailey (started by Samuel L. Jackson), wanted justice for his daughter but knew if he even had a fighting chance of his own, needed support from a reputable White Lawyer, Jake Brigance; who eventually became closer to the family.

This movie displays the very issue we face even in the present, how Black individuals are often subjected to ill-treatment in court systems compared to their white counterparts parts prompting unethical reviews and panel of judges using bias against races to determine it’s overall outcome.

Who I Am!

Hello everyone, my name is Tevin!

Throughout my life, I was always conflicted with myself about what I wanted to do. I’ve always mentioned that I wanted to get involved in a career that allowed me to exercise my ability to help others. Though, I wasn’t sure about what I wanted to do, even as college began. With that, I enrolled myself into Law & Paralegal Studies as my choice when getting into City Tech. However, I wanted to ensure it’s what I really wanted to do, so I switched to Liberal Arts in Sciences so I can give myself time to explore and truly observe those around me and get involved in certain classes as well.

After a while of exploring Liberal Arts in Sciences and taking a variety of different classes, I’ve made the decision to switch back to Law because it is one of few careers I see myself flourishing in and wanted to give it a shot to see if it is truly my calling. I do hope in the future to serve in a position of authority where I am able to put forward positive influences, and changes as well due to the current state of the world. Nevertheless, this is why I am here, and this is why I am taking Law!

Regarding me as an individual, I am very kind and a great listener. I am one of those people that gives absolutely great advice (I’d like to pride myself in saying), but sometimes, cannot take my own advice (hopefully some of us can relate, haha). Overall, though I do have faults like every other human being, I do like when I am approached by others and informed about faults I do have so I can address them and become more informed for the future and a better person in general.

As for my classmates, we’ll get through this class, among others, together. Also, if you ever need someone to talk to away from your usual circle, relate to, or just want someone around that won’t judge you, feel free to add me on Snapchat @imtevinokay.

Tevin