Coker v. Georgia Supreme Court Case, Arguments, Impact

In Coker v. Georgia (1977), the Supreme Court ruled that issuing a death sentence for the rape of an adult woman was cruel and unusual punishment under the Eighth Amendment. Fast Facts: Coker v. Georgia Case Argued: March 28, 1977Decision Issued: June 29, 1977Petitioner: Erlich Anthony Coker, an inmate serving a number of sentences in a Georgia prison for murder, rape, kidnapping, and assault, who escaped and raped a womanRespondent: The state of GeorgiaKey Question: Was the imposition of the death penalty for rape a form of cruel and unusual punishment forbidden by the Eighth Amendment?Majority Decision: Justices White, Stewart, Blackmun, Stevens, Brennan, Marshall, PowellDissenting: Justices Burger, RehnquistRuling: The Court found that a death sentence was a â€Å"grossly disproportionate and excessive punishment† for the crime of rape, which violated Cokers Eighth Amendment rights. Facts of the Case In 1974, Ehrlich Coker escaped from a Georgia prison where he was serving multiple sentences for murder, rape, kidnapping, and aggravated assault. He entered the home of Allen and Elnita Carver through a back door. Coker threatened the Carvers and tied up Allen Carver, taking his keys and wallet. He threatened Elnita Carver with a knife and raped her. Coker then got in the car and drove off, taking Elnita with him. Allen freed himself and called the police. Officers found and arrested Coker. In 1974, the Georgia Criminal Code read, [a] person convicted of rape shall be punished by death or by imprisonment for life, or by imprisonment for not less than one nor more than 20 years. The death penalty could only be pursued for rape in Georgia if one of three â€Å"aggravating circumstances† were present: The offender had a prior conviction for a capital felony.The rape was committed while the offender was engaged in the commission of another capital felony, or aggravated battery.†The rape was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or aggravated battery to the victim.† The jury found Coker guilty of the first two aggravating circumstances. He had prior convictions for capital felonies and committed armed robbery during the assault. The Supreme Court granted certiorari. The case built upon a foundation that the Supreme Court had laid under Furman v. Georgia (1972) and Gregg v. Georgia (1976). Under Gregg v. Georgia, the Supreme Court had held that the Eighth Amendment bars both â€Å"barbaric† and â€Å"excessive† punishments for crime. â€Å"Excessive† punishment was defined as punishment that: does nothing to contribute to â€Å"acceptable goals† of punishment;is purposeless or needless imposition of pain and suffering;is â€Å"grossly† disproportionate to the severity of the crime. Gregg v. Georgia also required courts to use objective factors to establish the above criteria. A court must look at history, precedent, legislative attitudes, and jury conduct. Arguments The attorney representing Coker focused on the proportionality of the punishment to the crime. Imprisonment was a more appropriate punishment for rape than death, he argued. Cokers attorney further noted that there was an evident trend towards abolishing the death penalty in rape cases. The attorney on behalf of the state of Georgia argued that the death penalty did not violate Cokers Eighth Amendment protections against cruel and unusual punishment. The state of Georgia had a vested interest in reducing recidivism by imposing harsh punishments on violent crimes, according to the attorney. He argued that the punishment of capital crimes should be left to state legislators. Majority Opinion Justice Byron Raymond White delivered the 7-2 decision. The majority found that a death sentence was â€Å"grossly disproportionate and excessive punishment† for the crime of rape. Issuing the death penalty against Coker violated the Eighth Amendment. Rape, while â€Å"highly reprehensible, both in a moral sense and in its almost total contempt for the personal integrity,† should not require capital punishment, the majority argued. The Court dismissed the idea that â€Å"aggravating circumstances† should allow a jury to increase punishment to the level of a death sentence. The majority noted that Georgia was the only state which still allowed a death sentence for the rape of an adult woman. Since 1973 Georgia juries had only sentenced six men to death in Georgia for rape and one of those convictions was set aside. According to the majority, these, along with other statistics, showed a growing trend towards punishments other than death for rape. Justice White concluded the majority opinion by highlighting the fact that in Georgia, murderers were not subject to the death penalty if aggravating circumstances were not present. Justice White wrote: â€Å"It is difficult to accept the notion, and we do not, that the rapist, with or without aggravating circumstances, should be punished more heavily than the deliberate killer as long as the rapist does not himself take the life of his victim.† Dissenting Opinion Justice Warren Earl Burger filed a dissenting opinion, joined by Justice Rehnquist. Justice Burger felt that the question of how to punish repeat offenders should be left up to legislators. He rejected the idea that punishment can only be as severe as the crime itself, and argued that the Court had underestimated the â€Å"profound suffering the crime imposes upon the victims and their loved ones.† Justice Burger noted that Coker had previously been convicted for two separate and brutal sexual assaults. The state of Georgia, he argued, should be allowed to more severely punish the third instance of the crime to deter other repeat offenders and encourage victim reporting. Concurring Opinions Multiple Justices authored concurring opinions to address specific elements of the case. Justices Brennan and Marshall, for example, wrote that the death penalty should be unconstitutional in all circumstances under the Eighth Amendment. Justice Powell, however, stated that the death penalty should be allowed in some rape cases where aggravating circumstances are present, just not the one at hand. Impact Coker v. Georgia was one case in a group of Eighth Amendment death penalty cases handled by the Supreme Court. While the Court found the death penalty unconstitutional when applied to the rape of an adult woman, they left it at that. The death penalty remained an option for juries hearing child rape cases in Mississippi and Florida until the 1980’s. In 2008, Kennedy v. Louisiana outlawed the death penalty, even in cases of child rape, signaling that the court would not tolerate the death penalty in cases other than murder or treason. Sources Coker v. Georgia, 433 U.S. 584 (1977).Kennedy v. Louisiana, 554 U.S. 407 (2008).Gregg v. Georgia, 428 U.S. 153 (1976).

Influential Theorist And Child Development Who Are...

Shantia Chevannes Chevannes 1 Mrs. Slinger HPC 3OR September 17th, 2016 Influential Theorists In Child Development: Intellect, Jean Piaget (1896-1980) The goal of education is not to increase the amount of knowledge, but to create the possibilities for a child to invent and discover, to create men who are capable of inventing new things. Jean Piaget is an influential theorist in child intellect development. Piaget insights society on the importance of not learning, but thinking, his thoughts/studies give a further understanding of how children intellectually develop. He provides us with basic stages and experiments to support his theory, leading us to an accurate conclusion. Jean Piaget is a biologist and psychologist of the 201th century born on August 9th, 1896 in Neuchà ¢tel, Switzerland. Ever since he was a teen he was a well acknowledged professional on the subject of mollusks (slugs etc.). His later career was to enhance french versions of questions on the English intelligence tests. Kids giving wrong answers to logical thinking questions are what inspired him to become the honourable man that society knows. T herefore, his work was based on the studies of child psychology and how they mentally flourish. Piaget became one of the most influential and leading figures in child cognitive theory and developmental psychology. Jean was a legatee inShow MoreRelatedOrganisational Theory230255 Words   |  922 Pagestheir writing is accessible and engaging, their approach is scholarly and serious. It is so easy for students (and indeed others who should know better) to trivialize this very problematic and challenging subject. This is not the case with the present book. This is a book that deserves to achieve a wide readership. 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Activities of Human Resource Management

Question: Discuss the activities of human resource management in an organization. Answer: Introduction: Human Resource Management or HRM is a well nurtured factor in all business firms since the beginning of the 20th century (Price, 2006). It is a sum of some most needed processes in an organization. It is such a function in a firm which has been innovated to accelerate the performances of the concerned employees. Human Resource Management focuses not only on the people attached with that organization but also systems and strategies to enhance workforce. From recruitment of an employee to rewarding her or him, Human Resource Management takes place in an organization to smoothen the work-policies (Andolsek and Stebe, 2009). Activities of Human Resource Management in an organization: If the job of any employee is taken for instance, her or his recruitment will go under HRM and rewarding after being a good employee will be done also by the HRM. All organizations work by the labor and intelligence of human beings, so human beings are most resourceful factors for any firm or organization (Becker and Huselid, 2009). Human Resource Management works to take out best possible efforts of the workers or employees and applies the extract of the efforts to get best result. Generally HRM is rehearsed by the HRM practitioners, but it can also be staged by managers of an organization. Human Resource Management actually comes with the strategies to maintain employees for getting long time goals in the business world (Budhwar and Debrah,. 2009). HRM has some frameworks to execute its tasks. Recruitment is the very first procedure of Human Resource Management. HRM practitioners or managers of an organization employ such people in work who are very much capable to perform the tasks assigned in the workshop (Colbert, 2010). The recruitment process takes place according to the conditions, natures and spaces of the work and ability of the employees to be fit for those. After the recruitment procedure training of the employees takes position in the organization. Human Resource Management of the concerned organization trains its employees on a regular basis to make them more suitable for work. Employees-motivation is a big matter in the activities of HRM (Beech and Macintosh, 2012). A motivated and well-trained employee is a big asset for a firm. She or he can deliver best output in job. In the premises of the heavy industries the matter of safety obviously is in the to-do list of concerned Human Resource Management. After safety, wellness and hygienic happiness are the responsibilities of HRM and HRM practitioners (Beerel, 2010). If an employee is not physically, psychologically and wage-wise satisfied, she or he is hardly capable to put best labor. HRM segment of a firm is generally seen to look after all the workers so that they can be productive and effective (Hughes, 2010). Development of the organization is a big responsibility of the HRM. An organization is expected not only to be bigger but also reputed and in the market. HRM is employed to add value to the products and services of an organization. Improvement matters in the world of HRM practitioners. Administration and communication are two big stands on which an organization acts in the market. Managers and Human Resource Management practitioners together play a key role in the administration. It is considered as the nucleus of a firm and HRM is the nucleolus of the administration (Price, 2006). Communication is such stream in the business world which is needed to expand regularly. Communication between employees and managers, leaders and board of directors, stakeholders and directors etc. are regularly performed by Human Resource Management. HRM practitioners are in charge of the main business communications in an organization (Andolsek and Stebe, 2009). If communication breaks down somehow, whol e work process will be damaged and hampered. HRM practitioners have a vital role in hiring also along with the managers. They also play big parts to decide wages and allowances for each and every kind of employees. Benefits and compensations are also allowed to all employees after going through the reports of Human Resource Management of the concerned organization (Budhwar and Debrah, 2009). Performance reprisal and rewarding are done by the HRM segment. All monetary and adjacent factors are cultivated by the HRM to meet the need of the employees and the organization itself (Colbert, 2010). Cultures in the Organizations: Culture in an organization or organizational culture stands for the actions and activities of human beings in a workhouse (Beech and Macintosh, 2012). This also means such activities and actions with which human beings are attached in the concerned organization. Organizational culture comprises values and morals of whole organization, principles of business and values of the entire firm (Beerel, 2010). The culture in a business firm is the addition of a few factors such as background of the organization, services and products, business market, know-how to market the products and strategic steps of the concerned firm. Many organizations deploy various advanced notions in the premise of the organizational culture. Different firms use different cultures and sub-cultures to enhance the workforce. Each and every organization applies unique culture according to the products or services, strategies and work-cultures of the concerned firm. Beside this, many bigger organizations often experie nce contradictions in various sub-cultures, as various sub-cultures are normally assigned to various managerial segments (Beerel, 2010). Actually organizational cultures are too much related to the work-culture of an organization (Price, 2006). It is not depended only on the employees or leaders or the managers who are very nearer to the workshops. The organizational culture is a sum of behavior from directors to the trainee employees. All collectively construct the unique culture in an organization. There is a notion in the human world that human beings are what and which they do repeatedly (Andolsek and Stebe, 2009). Culture mainly defines repeated behavior, habits, thinking and beliefs. It is as true in an organization as true in the life of an individual human being. Culture of an organization is defined by its behavior toward stockholders, employees and customers. The organizational culture of the concerned firm are also supported by its strategy of marketing, process of works, deals with all engaged individuals and values added with beliefs (Becker and Huselid, 2009). Human Resource Management practitioners play a pivotal role to improve and keep intact the environment of organizational culture. HRM segments keep focusing the demands of the cultures in a firm to shape right work culture in the workshops (Becker and Huselid, 2009). They also nurture a few factors related to the organizational culture such as whether the organizational culture is nothing but a behavioral outcome or collectiveness of some relevant forces e.g. enticements, configuration and process. Organizational culture is defined and constituted by various individual matters. It is a procedure to make sense in an organization. This helps to create collective awareness to make out different individual personnel in the firm. Jointly beliefs, strategies and interpretations move an organization forward in the market (Colbert, 2010). A big aim of the organizational culture is to make every worker know the actual reality of the concerned organization. It is not only related to what and w hich factors but also attached with why factors. Culture in the firm is just like that story whose ceremonies and values construct the narrative (Beerel, 2010). Organizational culture is the unique and independent civilization in the organization. Human Resource Management is to give this civilization a positive and progressive force (Hughes, 2010). Sub-culture is taken often as the most debated and nurtured matters which have most influences on the organizational culture. Sub-culture is a team or group into a large culture. The sub-culture in an organization may be revealed or suppressed. A sub-culture in a large organization may be similar to the mainstream culture of the concerned firm or different from some aspects. Founder has a great influence on the culture of a firm (Andolsek and Stebe, 2009). Her or his own personality plays a crucial role to determine the culture. Size of the organization is a big factor. Cultures in a small company and in a multinational company are definitely different. All firms do not have same development programs and visions. Therefore their executive cultures are not similar mandatorily. Managerial sector and leadership quality always determine the culture in an organization. Beside these, personal quality of the leaders also matter here. Strategies, procedures and structures of an organization have a key function in the culture at workplace. Mainly organizational structure gives birth to the sub-cultures and sometimes the conflicts between the subcultures and the cultures (Becker and Huselid, 2009). Rewarding policies are very important in this context. Not only rewarding but also giving allowances to the employees detect the organizational culture. Wages, bonus, additional allowances, individual reward, team rewards are a few of those. Organizational culture depends on the market segment in which the organization invests. Type of works also is a big factor. Intellectual labor and physical labor belong to different cultures certainly. Natural environment at the work place also play a significant role (Becker and Huselid, 2009). Airy weather has been shown a hygienic culture while contaminated environment decreases the spirit of an organizational culture. External affairs of an organization are always matter in the organizational culture. Economic deals in market, legal position of the firm, social reputation of the organization etc. are important in this matter. Culture at innovative sectors and culture at conventional segments are witnessed to be totally different. Attitude tow ards work define the organizational culture often. Adoption of calculated risk at the time of task changes attitude in the workshop and organizational culture also (Colbert, 2010). Business-sector is a globally known aspect to conclude the organizational culture. Different sectors show different culture. Culture at service oriented workplace and culture at manufacturing workshops do not resemble. Some factors in these places can be similar, but the organizational culture is separate (Becker and Huselid, 2009). Human Resource Management has a pivotal significance to keep the organizational culture and subculture improved and healthy. There are many organizations which have different socio-cultural and socio-economic employees at different branches. Multinational companies have employees of different nationality and languages (Beech and Macintosh, 2012). These things create various subcultures under a single roof. In some organizations subcultures are mightier than main culture. This is sometimes better, sometimes worse. Human Resource Management practitioners are expected to maintain this matter. Cultural difference within a firm is an obvious matter. HRM practitioners deal with this. They nurture the matter of subculture on the basis of job, service line, utility, surrounding and level of the chain of command. Actually subcultures always stand on those things (Hughes, 2010). Position and necessity wise HRM practitioners merge or take the subcultures over to keep the works of the firm on. H uman Resource Management wants to run culture and subcultures together but parallel. It is mere challenging and imperative duty of HRM in recent era. Strong and Weak Cultures in an organization: As different human entities have different DNAs, different organizations have different cultures. Organizational culture is considered as the DNA of an organization, though it is an arguable issue. There are certain types or fashions of the culture in a firm. According to those types or variations generally two types of organizational cultures are witnessed on the basis of comparison. Those are Strong culture and Weak culture within an organization (Hughes, 2010). The strong culture is such organizational culture that is deeply rooted in the strategy and work procedure of a firm. Human Resource Management and managerial sector are actively attached with this type of organizational culture. Here HRM practitioners, along with the managerial section, make out well which are needed for employees and them too (Colbert, 2010). Human Resource Management tries to meet both ends accordance with the policies, market and values of the concerned firm. Maintaining of strong culture by HRM is not too tough and mere challenging, because it is embedded into the core of the organization. Strong culture is well acknowledged and made out by the employees. It is seen that the weak culture in an organization breaks out when aims, values and policies of the concerned organization are not clearly spoken, conversed and established. Aim and values of the firm is expected to be cleared to the employees (Colbert, 2010). Weak culture takes place when works and wages have a large difference. Beside this, values of works in the organization result into weak culture. If an organization goes under a weak organizational culture, customer satisfaction and meeting the marketing needs reaches at the lees. Weak organizational culture has many consequences such as necessity of accurate procedures in workforce, exact need for policies and strategies (Price, 2006). A weak organizational culture demands more engagement from Human Resource Management to execute tasks through the expected paths. Analysis for the HRM practitioner: In this part of the essay this study is going to present some analysis for the Human Resource Management practitioner in the perspective of organizational culture. A well known organization namely KFC is to be mentioned for dealing with the matter. KFC or Kentucky Fried Chicken is reputed as a US based fast food restaurant industry. It has near about 19000 outlets for selling products in almost 120 nations and territories. KFC works under Yum! Brands along with Taco Bell and Pizza Hut (KFCjobs, 2015). A deep look at the work culture of KFC tells that HRM of them put efforts to take out best potential of all people engaged to their business chain. Human Resource Management practitioners work there with energy and passion (KFCjobs, 2015). Restaurant industry is such an organization where maximum employees deal directly with the customers. Therefore recruitment plays here a vital role (KFCjobs, 2015). HRM practitioners at KFC choose people keeping the needs and natures of the customers at that location in mind. At many KFC outlets employees get free meals and chicken preparations other than wages and allowances. After doing a good job employees get on-spot admiration from HRM and managerial sections. Employees get special pins on uniforms as rewarding for achievement. Human Resource Management practitioner at KFC celebrates success of everyone to keep workers enthusiastic (KFCjobs, 2015). HRM practitioners of any organization can be inspired from the HRM of KFC, but they need not to follow it blindly. Unique management of Human Resource in different firms is located to bring success. An HRM practitioner initially needs to understand the focus and strategy of the managerial segments of the concerned organization. S/he is expected to act according to this. Secondly an HRM practitioner needs to make out the existing culture and subculture of the firm. Generally s/he has to be fit into those or s/he is employed to correct those. An HRM practitioner works in the core section of a workforce. S/he has to play vital role in recruitment. Well sorted employees can shoulder the strategy of the organization well. Generating motivation and enthusiasm is a big responsibility of an HRM practitioner. Appraisal and rewarding are projected to be handled without biasness. All employees are to be estimated without age or gender sub-category. A good HRM practitioner always is aware of sub culture and weak culture in a firm. S/he tries heart and soul to run subculture properly along with the main culture and repair the weak culture to convert it into stronger one. Reference: Andolsek, D.M. and Stebe, J. (2009) Devolution or (de) centralization of HRM functions in European organizations. International Journal of HRM, 16 (3): 311-329. Becker, B. E. and Huselid, M. A. (2009) Strategic human resources management: Where do we go from here? Journal of Management, 32 (6), 898-925. Beech, N and Macintosh, R (2012) Managing Change - Enquiry and Action, Cambridge: Cambridge University Press Beerel, A. (2010) Leadership and Change Management, California: Sage Beta.tutor2u.net, available from: https://beta.tutor2u.net/business/blog/organisational-culture-factors-influencing-the-culture-of-an-organisation-a [Accessed 05th May 2015] Budhwar, P. and Debrah, Y.A. (2009) Rethinking comparative and cross national human resource management research. International Journal of Human Resource Management, 12(3), 497515. Colbert, B.A. (2010) The Complex Resource-based View: Implications for Theory and Practice in Strategic Human Resource Management, Academy of Management Review, 28, 3, 341 358. Hughes, M (2010) Change Management, London: CIPD KFCjobs (2015). Culture. Retrieved from: https://jobs.kfc.com/article/ourculture Price, L., (2006) Poor personnel practice in the hotel and catering industry: does it matter? Human Resource Management Journal, 4(4), 44-62.

Music Impact On Everyday Life Essays - Culture, Entertainment, Music

Music Impact on Everyday Life The Music Made Me Do It Music has a huge impact on the everyday lives of individuals in America today. It is an important part of the sociological self, which causes a person to feel and act in a certain manner. Sensual guitar playing, a suggestive song, hard rock power chords, or a tune from the past are all highly powerful forces in shaping ones actions. I have taken a particular interest in the way that different genres of music affect students actions at this university. This paper will take into account the effects that particular genres of music have on people. Because we are in a college town such as Austin it is easy to observe the effects that music has on people. Whether it be at parties, clubs, concerts, or in the dorms, I have seen the effects that music has on students. In many situations in todays world, actions that would normally be deemed inappropriate are viewed as acceptable due to the fact that a certain type of music is playing. Through a few experiences and observances, I have discover ed the sociological importance of different music in the lives of many students. At many heavy metal and rock and roll concerts, there are areas where a large group of people congregate and physically shove each other during the performance. This area is most commonly referred to as a mosh pit. At the beginning of this semester, I attended an outdoor concert here in Austin. The headlining band was the Stone Temple Pilots, a band that performs songs that often contain some heavy metal guitar riffs. As the concert progressed, there arose a massive mosh pit engulfing the area from about one hundred yards away from the stage all the way to the front of the stage. Three rows back from the stage I could hardly breathe. I was not standing under my own power, but by the pressure of all the people around me pushing in every direction. There is no doubt that these actions are the direct effect of this particular music. This type of music can lead to a state of mind where these activities are a main focus in a persons way of life. According to Freud, the id is the part of t he person which desires certain things, but is controlled by the ego and superego (Freud, 65-68). When a person enters a stage such as this in their life they are completely controlled by the id. The music is an ally to the id, helping it achieve its desires. To illustrate this point further, a closer look at the actions is necessary. A concerts purpose is to allow fans to listen to a band perform live. If the rational part of ones self, the superego, were in control, it is highly unlikely that someone would begin shoving random people to the beat of a song. Though this behavior would not normally be tolerated, it is viewed as acceptable because the participants are at a certain music concert. These actions toe the line between expression and violence. For the most part, this aggressive behavior is instigated and carried out by males. By nature the males of the human species are more prone to violence and exhibitions of strength than females. Music is a powerful means by which these people deem it permissible to act in such a manner. There may be other factors involved with this behavior such as male angst and stress, but the driving force is undoubtedly the music. When a typical heavy metal song is played there is an intense beat that penetrates to the soul. The most common rhythm in many of these songs lends itself to sharp, powerful, and rigid movements. In a society where the men are seen as the dominant sex, they need a place to display their masculinity. Those who dont have any other outlet find their release in their physical appreciation of the music. It is logical to deduce that males need a place to release their natural selves, and the music at these concerts provides just such a place. Music from your ones also brings with it the memories of the times they