Shelley V. Kramer Case Analysis

Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse

“Racial tension became paramount as city officials promoted and perpetuated racial division by supporting segregation and discrimination in housing, employment, and social services” (Massey & Denton 39). Various types of residential controls contributed to the problem of residential segregation. One such tool for segregation was the establishment of zoning. Zoning was introduced in New York City in 1916 and encouraged by the U.S. Department of Commerce through the publication of the Standard State Zoning Enabling Act in 1922. Zoning proponents argued:

While social justice may not be at its peak today, times used to be worse. Formerly, while trying to improve cities with zoning- certain races, religions, and peoples were excluded from the nice parts of town and even jobs. Zoning began around 1900 when the local government restricted the height of buildings in Washington District of Columbia. From there, the government realized it could intervene on private property and the people would allow it (Silver, 1997). As zoning evolved, so did the type of zoning- from height restrictions to land use and eventually to redlining. Silver explains the extent situation as, “the nation's planning movement, not just its Southern branch, regarded land use controls as an effective social control mechanism for Blacks and other ‘undesirables’” (p. 2). Unfortunately for the US and for its citizens, racial zoning is not the only undesirable social norm.

Within certain circumstances, liability is based on the accused 's action, which is also known as an act of omission or negative act. Regardless of the defendant 's motive, the failure to act supports a finding of criminal liability only when the s/he is under a binding legal duty, has the necessary knowledge to behave aptly and carrying out his or her responsibility is possible. Even so, there are instances when the issue of guilt results from a lack thereof. Each element must be proven beyond a reasonable doubt and decided as a matter of law by the court. With regard to any crime, all criminal elements are distinguishable and identifiable for the careful analysis of each issue. Take for example the difference between points of dispute in Proctor v. State (1918) and People v. Newton (1973) when reading Criminal Law: Cases and Methods.

Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he

Introduction Of Case: New Jersey v. T.L.O. (1985) is a court case heard and ruled on by the Supreme Court of the United States. The case dealt with the constitutionality of the search of a public school student after she had gotten caught smoking in a public school bathroom. The search provided evidence of drug paraphernalia, marijuana, and the intent of sale of drugs. The student fought the charges, stating that the search violated her Fourth Amendment rights. The United States Supreme Court ruled 6-3, that the search was reasonable under the Fourth Amendment.

Different areas of the private sector took control of the racial segregation. Areas such as real estate, banks, labor, and toxic waste locations have participated in some way to continue the segregation and inferiority of people of color. “African Americans and other communities of color are often victims of land-use decision making that mirrors the power arrangements of the dominant society” (Bullard [1994]2004:269). The land-use decisions are used by the real estate industry. The real estate industry along with the bank industry have worked together in order to make it almost impossible for people of color to acquire their own homes. When individuals of color do obtain their own homes the real estate industry corrals them all into one zone. Then the banks charge homeowners in these zones high interest rates on the mortgages needed to maintain their home ownership. “Zoning is probably the most widely applied mechanism to regulate urban land use in the United States” (Bullard [1994]2004:269). When people of color are corralled into a neighborhood the quality of the neighborhood is diminished. The

During the early 1900’s, Louisville attempted to segregate by creating regulations that kept Caucasian people from moving into a neighborhood where most of the minority races were already living and visa versa. They did not want for the races to mix so they created these laws which were ruled unconstitutional by the Supreme Court trial “Buchanan v. Warley”(Broken Sidewalk). This also occurred in other cities but none were as prominent as the commotion created by Louisville. Because of the ruling of the Supreme Court, zonings were created where race was not able to be a reason for granting or denying the right to a house. There were still some places that were denying the sale of houses to blacks because they were in a “restricted housing covenant”. These were ruled unconstitutional by the Supreme Court in 1948, however, they still affected the lives and home sales of these houses that were considered “restricted”. Despite all these efforts, the neighborhoods were still heavily segregated socially and economically. People would only live with others of their same socioeconomic class which president Nixon saw as a big problem. He decided to take action in 1968 when he appointed George Romney the head of Housing and Urban development. George Romney was the governor for Michigan, and he strongly endorsed open housing and the integration of neighborhoods. Romney helped change the demographic of housing across the entire United

The author, Phyllis A. Roth, is not your ordinary feminist, because she is also a Freudian. A better term to describe Roth would be a psychoanalytic feminist. One of her works as an author can be found in the back of the book Dracula: A Norton Critical Edition. Her criticism article is titled Suddenly Sexual Woman in Bram Stoker’s Dracula. In her article she analyzes the famous novel Dracula. She explores how gender plays a role in the novel and the concept of femininity. She writes about the transformation that takes place when a proper lady turns into a sexual vampire. Her article points out where hostility toward women 's sexuality is displayed in the novel, that the average reader may not pick up on. Roth has a strong argument. Let us examine Roth’s case.

Within the United States Constitution as it Pertained to the Dred Scott Case of 1856

It was a way to constraint African Americans to areas that were far away from those with status, class, and power. Segregation led to discrimination in economic opportunities, housing, and education. The black culture has suffered from the barriers that were placed through segregation. However, the Civil Rights Act of 1964 and the Fair Housing Act of 1968 tried to limit some of the discrimination associated with segregation. It was discovered that even a “rising economic status had little or no effect on the level of segregation that blacks experience” (Massey and Denton 87). The authors imply that “black segregation would remain a universal high” (Massey and Denton 88). The problem with the continuing causes in Segregation is that even though the Fair Housing act was placed, many realtors still discriminate against blacks “through a series of ruses, lies, and deceptions, makes it hard for them to learn about, inspect, rent, or purchase homes in white neighborhoods” (Massey and Denton 97). Segregation and discrimination have a cumulative effect over time. Massey and Denton argued that the “act of discrimination may be small and subtle, together they have a powerful cumulative effect in lowering the probability of black entry into white neighborhood” (98). William Julius Wilson had

Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were

“Manslaughter - Recklessness or gross negligence - Assumption of duty of care for infirm person - Breach of duty amounting to recklessness - Negligence - Assumption of duty to care.”

The R v. Dudley and Stephens case occurred in 1884. In May of that year, four men left Southampton, England for Australia on the Mignonette, a private sailing yacht. These men were Captain Thomas Dudley (31), mate Edward Stephens (36), seaman Edmond Brooks (38), and cabin-boy Richard Parker (17). While crossing the South Atlantic near the Cape of Good Hope in July, bad weather struck the yacht and it sunk. The men managed to escape into the lifeboat, and two one-pound tins of turnips were the only food they subsisted on for four days. They caught a small turtle on the fourth day that lasted eight days, and were without food for another eight days after. The only fresh water they had was the rain that came from time to time. On the sixteenth day of drifting Richard Parker became ill from drinking seawater. On the eighteenth day Dudley and Stephens approached Brooks with the idea that they should sacrifice one person to save the rest. Brooks dissented, and they did not consult Parker as he was ill. On July 24th Dudley and Stephens reasoned with Brooks, saying that since they had families to take care of it was most logical to kill the boy and save themselves. They proposed that if there were no vessels in sight the next day they would kill Parker. As there were no vessels, Dudley killed Parker by slitting his throat; the boy was so ill he did not resist. Brooks dissented until Parker’s death, but also fed on the blood and flesh of Parker with the two accused for four days.

In this case analysis I will focus on Deborah Linton and Lisa Benton. Deborah Linton is the Product Manager and is Lisa Benton’s direct supervisor at Houseworld. I will look at Deborah Linton’s leadership approach applying concepts from JWMI-510. I will act as a consultant to Deborah Linton and make recommendations on how she can build an effective team. I will point out why Lisa Benton has not been effective in influencing her boss and colleagues. Finally, I will discuss what incidents Lisa Benton could have handled differently at Houseworld and give recommendations on how she can get her career back on