Friday, February 14, 2020

Brief on Reasonable Doubt Essay Example | Topics and Well Written Essays - 500 words

Brief on Reasonable Doubt - Essay Example ndard in criminal cases started even during the ancient times which became formalized in the phrase â€Å"beyond a reasonable doubt† that occurred in the late 1798 (American Law Review, 642). In common law jurisdictions, this is now an accepted standard wherein the prosecution must be able to convince the trier that all the elements of guilt have been satisfied (Broun, 341). The United States Supreme Court on one occasion in 1970, explained that the due process clause proof beyond reasonable doubt of the essential facts of a crime charged against the accused, is the standard that guards the accused against an innocent person that may be found guilty (In re Winship, 397 U.S. 358 (1970). In the trial of cases, the jury is always instructed to apply reasonable doubt test to determine the innocence or guilt of the accused (U.S. v. Pepe, 501 F.2d 1142, 1143 (10th Cir. 1974). However defining reasonable doubt is not required by Courts (Torres v. State, 2003 WL 21757509 (Tex. App. El Paso 2003). There were attempts to define what reasonable doubt is. In the Commonwealth v. Webster, reasonable doubt has been defined as, â€Å"that state which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge,† Commonwealth v. Webster, 59 Mass. (5 Cush.) 295, 320 (1850). In another case, reasonable doubt has been explained to be that which is â€Å"founded upon a real tangible substantial basis and not upon mere caprice and conjecture,† (Cage v. Louisiana, 498 U.S. 39, 111 S. Ct. 328, 112 L. Ed. 2d 339 (1990). It is that doubt which would raise ‘grave uncertainty’ in ones mind because of insufficient or the lack of evidence in prosecuting a person of a crime (Bergman and Hollander, 4). Such a doubt must be an ‘actual substantial doubt’ that a reasonable man can assess (Bergman and Hollander, 2008). The certainty of

Saturday, February 1, 2020

How does al etihad company benefit from the employment from overseas Research Proposal

How does al etihad company benefit from the employment from overseas graduates - Research Proposal Example al., 2013). Subsequently, the proposed study will help identifying how the company will be benefitted from recruiting skilled and talented graduates of the overseas labour market. This outcome of the proposed study will be crucial in determining a better set of workforce that can contribute towards the sustainable existence of the overall business (Gold Bars Worldwide, 2013). A better understanding of the research topic can be gained from the brief analysis of secondary sources. As per Chandramohan (2008), HRM ensures proper and productive management of the resources in businesses, deemed as the most vital assets required for the sustainability of any organisation (Chandramohan, 2008). Correspondingly, Sims (2012) argued that proper HRM ultimately leads to business success since well-managed employees work efficiently and with utmost productivity towards attaining the business goals. However, prior to the application of the HRM principles, effective recruitment of productive members is important to build an effective set of workforce (Dowling & et. al., 2008). As per the report of CBI (2013), employing graduates from overseas markets not only enhances workplace diversity but also helps companies in the global markets to tackle cultural differences amid customers in an efficient manner. It is through this mechanism that by recruiting skilled and education candidates from numerous regions, companies can ensure compliance with the modern day challenges of diversity and continuous changes (CBI, 2013). As per the study of Hoo & et. al. (2009), in the presence of graduates from the overseas markets, companies are able to better exploit the potentials of the overseas markets and gain better share in the international markets (Hoo & et. al., 2009). Besides, as Al Etihad is among the fastest growing players in Gold and Silver refinery industries, the company requires highly skilled and technically sound employees, capable of dealing with such on-the-job