A Court Hearing Overview

In: People

Submitted By creekthesneak
Words 507
Pages 3
Oregon v. Alvarez
Facts: Maximilliano Alvarez is the Defendant in this case and Eric Johansen argued the versus the State of Oregon. The defendant appealed from conviction that was a gang-related assault. The defendant hit and beat a 16 year old with a metal baseball bat, and also his friend used a metal rod. The jury gave him guilty verdicts on two counts of first degree assault, and 3 counts of unlawful use of a weapon. The defendant pointed out an error on the first degree assault stating that the state did not prove that his assault caused the victim “serious physical injury” the defendant did not think that his actions did not cause damage to a point where the victim was at risk of dying. The court didn’t show evidence that when Mr. Alvarez hit the victim with the metal baseball bat that his hits created a “substantial risk of death”.
Questions presented:
1. Was the beating that Mr. Alvarez gave to the victim enough to cause a substantial risk of death?
2. Should the defendant be able to get rid of the first degree assault to a lowered charge because the prosecutor didn’t show how his actions made the risk of death?
3. What is enough to cause “serious physical injury?”
We conclude, the court decided that because a blow to the victims head hard enough to make a “ding” sound, to have a wound where it exposed the skull, to have to need four stables and, cause the victim to be unconscious it still was a substantial risk of death. Also the scar that was visible on the victim five months after the incident qualified as a “protracted disfigurement” even though the defendant said that he could hide the scar by growing out his/her hair but you can’t make the victim change their hair length for something like that.

Even though the prosecutor or the victim didn’t show how the offender beating him/her with the bat was…...

Similar Documents


...Hearing Loss Hearing loss has always been an interesting topic to me. Before I was born my father damaged his hearing from listening to music too loud in college and loud noises in general. He wears hearing aids to help him hear everything from his students talking at school to the television at home. I use to ride to his audiologist appointments with him all the time because I thought the process of testing his hearing and the process of making and adjusting his hearing aids was so interesting and exciting. That is why I chose hearing loss as my topic. Hearing loss is defined by Farlex as; any degree of impairment of the ability to hear sound (Farlex, 2013). In other words if you cannot hear whispering or if you cannot hear fireworks you have some sort of hearing loss. “About 26 million Americans between the ages of 20 and 69 have high frequency hearing loss due to exposure to loud noises at work or in leisure activities” (Disorders, 2013). There are three different types of hearing loss and different severities. There is conductive hearing loss, sensorineural hearing loss, and mixed Hearing loss. Dr. Michael P. Robb defines conductive hearing loss as; hearing loss due to problems affecting sound transmission through the outer or middle ear (Robb, 2010). In other words, if you have a problem with your outer or middle ear, such as an obstruction of the ear canal, or otitis externa, (swimmers ear), you would have conductive hearing loss. These are treatable with medicine......

Words: 1203 - Pages: 5


...been attending court everyday for different reasons. Those reasons can be for traffic violations, civil law suits, or unlawful criminal acts that are committed. These acts are all handled and disputed in a court of law. The courts are empowered to make fair and blending decisions upon the facts that are provided through out the court hearings. As we know there are two types of courts such as civil court and criminal court and it is very important that we understand the differences between the two. The civil courts handle resolutions between private parties that usually consist of one party suing one another for some type of monetary damages. The criminal courts alleged offenders that are suspected for crimes that they committed and which at times they end in freedom for the offender or and prison cell. The court system is judicial brunch of government which the defendants go before a judge and their peers and to defend their innocence of a crime that they committed. The major role of the court is to settle people’s disputes in a civilized manner. Our court system is divided into four major components which are to uphold the law, protect individuals, resolve disputes, and reinforce social norms. The Untied States court system is run by a dual court system. There are two types of systems that make up the dual court systems and they are the Federal and State. The dual court system refers to the fact that the US has a federal court system and forty separate state court......

Words: 748 - Pages: 3


...Hearing is one of the most important senses we have as humans’ beings and without being able to hear, life is not simple, nor it is easy. Individuals who are deaf or hard of hearing are unfortunate to have quality communication with others. There is a barrier-dividing people who are deaf from hearing people. Just like hearing people, the deaf like to talk with others; Conversations can be difficult for them, especially if they are trying to communicate with individuals who are not familiar with the Deaf community or sigh language. Lack of communication inhibits the interaction between people, so in order to overcome this barrier, people who are deaf key in on socialization. Experiencing what deaf people have to go through every single day in their lives was not easy to practice. Wearing earplugs for eight hours was a new experience that I learned a lot from. Having the ear plug in my ear canal created a conductive hearing loss and it could be either congenital or acquired causes. These causes can damage the shape of the pinna. The way I started interacting with people around me was not the same, as well the way they acted towards me. A lot of them were surprised that I was using my arms to point at things, and also wondering why I am not responding when they are saying, “ How am I doing today”. Nodding my head was not the answer they were expecting form me. Communicating with others was not easy at all,......

Words: 1452 - Pages: 6

Considerations in Handling Administrative Hearings

...a jury of twelve (sometimes angry) men and women along with a judge who serves as an unbiased decider of all things legal. In reality, lawyers often practice law in many different forums, including administrative hearings, where the lines of neutrality and fairness may appear (at least to one side) to be a little more blurry. The topic of administrative hearings was recently discussed by judges and lawyers during a Karl D. Kessler Inn of Court meeting. Some of the “best practice” recommendations made during that meeting, especially as they relate to defending a client in an administrative hearing, are certainly worth putting on paper. Before the Hearing “The Early Bird Gets the Worm” – Typically, you will NOT have one or two years to collect evidence and learn all the relevant facts prior to an administrative hearing. Right away, you must learn as many facts as you can and assess what, if any, discovery can be undertaken before the hearing. You may need to schedule depositions with little or no advance preparation. When permitted, you should ask for discovery from the agency or issue subpoenas as soon as possible. For example, some agencies will produce documents related to the case but require at least three weeks to do so. If you wait until the hearing is scheduled, you may not have enough time to receive and review the file. You should also be willing to ask the other side for basic stipulations early in the process. Identify the Legal Issues – Identify......

Words: 1278 - Pages: 6


...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made.......

Words: 801 - Pages: 4

Court System

...Overview of the United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system...

Words: 1226 - Pages: 5

Harmonic Hearing

...Harmonic Hearing Co. was founded in 1974 by former professor of Audiology, Otis Wren. Based in Plano, Texas, the company manufactured hearing aids, and, while smaller than many of the major players in the hearing aid industry, was successful and profitable throughout its history. This was indicative of the industry- the large, publicly traded companies, such as Great Nordic, Starkey, and Siemens, often reported gross margins around 60%, and net profit margins between 10-15% (Stevenson 2). Technology in hearing aids was ever evolving, however, forcing companies to invest heavily in R&D to take advantage of the most current technology. Never was this more important than within the last decade- with baby boomers reaching retirement, the “graying of America” was sure to lead to a sales boom across the hearing aid industry. With this strong history and expected growth in mind, Harriet Burns (CEO, 2011) and Richard Irvine (Chief Designer, 2011), were excited by Wren’s offer to sell the company to them. Wren proposed a selling price of 14 times the 2010 net income, or $25.2 million. Both Burns and Irvine agreed the price was fair, but they were faced with a situation- how to raise the capital needed to purchase Harmonic Hearing. Wren gave Burns three months to complete the transaction, creating a deadline of January 2011. To further complicate the situation, Harmonic was in the midst of developing a cutting-edge hearing aid that promised strong sales. To get the product to......

Words: 1623 - Pages: 7

Hearing Aids

...CIC – might not have the manual dexterity to manipulate Completely in the Canal hearing aids, so they should not purchased based on cosmetics. ALD – Hearing aid is a general-purpose device, while ALDs serve a variety of special listening needs (telephone listening, TV, or listening in arge meeting rooms). Some are used instead of conventional hearing aids, while others are used in conjunction. Preferred by younger adults with specific needs. May also be the choice of very old adults whose co-occuring cognitive, vision, or dexterity problems increase the difficulty of using conventional hearing aids. A patient’s dexterity issues may impact their choice of hearing aid, or if they choose to rely on assistive listening devices instead. Older adults who have dexterity limitations may choose to have Behind The Ear hearing aids with full-shell earmolds because they have larger batteries and permit easier access to volume and program control buttons. They may not choose Completely In the Canal hearing aids because they are smaller and may be more difficult to manipulate, or they may choose to forego hearing aids completely and instead used ALDs if they have co-occuring cognitive or vision problems that make using conventional hearing aids difficult. Describe some of the social and emotional consequences of various degrees of hearing loss across the lifespan. Explain why this might occur. Hearing loss of any degree can have a large impact on a person’s emotions and......

Words: 422 - Pages: 2

Court Report

...The Courts in the Uk are institutions that aim to bring justice. Magistrates court have to power to charge minor cases, whereas Crown courts deal with more serious criminal cases, less than 3% all criminal cases go to the Crown, this percentage alone tells you that only the serious and complex cases will be heard, your trial here will be dealt with by both a Judge and Jury. I observed the Crown Court for this report; I decided this would be the best court to observe because all kinds of Criminal functions are heard here. The Judge will decide on matters of law and will manage your trial ensuring that it is run correctly and fairly, the jury then decides on matters of fact, (e.g. are you guilty?). The CJS is made up of many different agencies that work together to collectively respond to ‘crime’, each agencies ‘output’ is another’s ‘input’, a key agency being the Police, who are required to investigate and prevent crimes and are responsible for arresting and detaining suspects. The cases heard at crown courts are ranked in order of seriousness; the most serious heard by High Court judges, the majority of other less serious cases dealt with by either circuit judges or recorders. The judges in the Crown Courts have no limit to what they can sentence; they can impose a fine of any amount and can impose a sentence of custody for life. During the day I witnessed the beginning of two trials. The first case I witnessed was an act of fraud, a couple had managed to collectively......

Words: 1065 - Pages: 5

Hearing Loss

...Hearing Loss - Health and Resources Tracy L. Scarborough HCS/212 January 12, 2015 Deanna Dubay Hearing Loss - Health and Resources Intro Hearing loss is one of the most common anomalies in the general population and is largely irreversible. For most, it’s caused by heredity, old age and, over time, by exposure to loud noises such as technology devices and occupational hazards. Singularly, trauma to the ears can cause short term hearing loss due to disruption in conduction. Loud venues (concert), eardrum perforation, fluid in the inner ear and excessive earwax can all cause temporary deafness. (Mayo clinic website). There are 3 passageways for hearing conduction: the outer ear, the middle ear and the inner ear. Outer Ear The shape of the ear is designed specifically to direct sound waves. The outer ear is the part that can be externally visualized on the head, consisting of the concha (top curve of the ear), the pinna (lower trough of the ear) and the auditory canal. Sound waves travel through this anatomy and towards the tympanic membrane. (How Hearing Works printout) Middle Ear The tympanic membrane, or eardrum, vibrates upon reception of the sound and is picked up by the bones of the middle ear (incus, malleus and stapes) and those vibrations are amplified before transmittal to the inner ear where the cochlear fluids become stimulated. When a hearing loss is traced to this area of the ear, it’s conductive and can be corrected with a simple surgical procedure...

Words: 1021 - Pages: 5

The Argument for a Constitutional Right to Representation at Bail Hearings in All Criminal Cases in State Court

...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of......

Words: 7110 - Pages: 29

Court Issues Analysis Paper

...Court Issues Analysis Luria Davis CJA 394 May 30, 2011 Professor Hollis Severns The Hon. Mme. Justice Desiree Bernard, O.R., C.C.H stated that the organizers of this 14th Commonwealth Law Conference on the choice of the theme “Developing Law and Justice” and the various streams which include human rights and corruption within the Courts, issues which are inter-related and important in the administration of justice (The Hon. Mme. Justice Bernard, D., O.R, C.C.H, 1992). This impact the overall operations of the court system by making sure that whoever is on board of a particular case the judge, lawyers, and the officer must treat the individual fairly know matter how wrong the suspect is. That means their can be know bias act against the criminal. This is apart of the International Human Rights treaties. This may cause more finances to be implement and very time consuming, because each suspected human being that is sentenced to a court hearing is entitled a full equality to a impartial and public hearing. The individual is also entitled to an independent tribunal within the fortitude of his or her rights and obligation of a criminal charged against the suspected. The interrelated ones of immigrating and cultural diversity among the 1900’s and next century are the nation’s most significant trends. 12.6 percent of our nation’s population was estimated in the 1900’s. The estimation showed that 32 million were the estimated home speakers of non-English languages. The......

Words: 1144 - Pages: 5

Court Issues

...Court Issues Analysis January 30, 2012 CJUS/394 Troy Hakonsan Court Issues Analysis The courts system is defined as an impartial judiciary body. The courts purpose is to assure that offenders of the law receive the fairness of treatment in relations to criminal procedures, polices, trials, and sentencing. The ideal court system would consist of one that has overall operations that are impartial on all levels of criminal proceedings. This begins with the arresting officer he or she should be fair in booking, writing reports and testifying in court no matter how wrong the offender may or may not be. An offender that chooses a trial by judge places their fates in the hands of the judge. The judge must be impartial no matter the nature of the crime as well. Only in a ideal world this could exist. The financial strain that would be placed on the criminal justice system would be the contributing factor that would push the courts systems back to current roles. There would need to more enforce of the law and support staff for each and every offender to receive true impartiality in criminal proceedings. Immigration and cultural diversity among the 1900’s and next century are the nation’s most significant trends. The United States of America in 1900 showed that 32 million were the estimated home speakers of non-English languages. This trend will be a continuous growth. With this growth there will be a need for a more diverse court system. Diversity is continuous battle......

Words: 1041 - Pages: 5

Description of a Court Room Hearing

...Description of a Court Room Hearing As observed in the courtroom I have found myself with many mixed emotions on what I have witnessed. These mixed emotions involve the operations of the justice system and how it affects the accused and the victim. It also makes a person wonder how the legal system operates on a basis of repeated domestic violence acts. I appeared in court to observe a domestic violence hearing. It involved a young individual who has a lot of physical violence patterns and who has repeatedly disobeyed his probation orders. This took place in an individual room, which involved the accused and his lawyer, the judge, the victim and the crown of attorney. Previously the accused was under house arrest for many assaults and breaches of his resonance towards the victim. He was not to have any contact with the victim what so ever. The court session had started and the accused person’s lawyer did his best to fight the crown on any of the attempts that they had made to put the accused into jail to finish his conditional sentence in confinement. Which stipulates on the back of the order, if a breach occurs, then confinement can and most likely will take place. There had been many breaches and many assaults. The victim was the actual person to call the police the night that the accused had breached his conditional sentence. The accused was sitting in a hotel drinking and staring at the victim. The victim had called the police and told them that he had been...

Words: 1427 - Pages: 6

Hearing Instruments

...innovations: Hearing instrument B ERASMUS UNIVERSITEIT ROTTERDAM Erasmus School of Economics Department of Applied Economics Written by Student names: Sang van Tran Zhi Yuan Lin Student numbers: 318938 320853 Supervisor: Ajay Bhaskarabhatla ------------------------------------------------- ------------------------------------------------- Abstract ------------------------------------------------- This study argues that patents explain the extent of innovation between incumbent firms and new entrants in the hearing aid industry. In the year 1953 the transistor was introduced to the hearing aid industry, the knowledge behind the transistor was free of charge and open to every firm. This had a huge impact on the innovative activity of incumbent firms and new entrant in the hearing aid industry. 1. Introduction Inventions throughout the history prove their economic value each and every time (Maclaurin, 1953). In the year 1920 a scientist named Earl C. Hansen invents and patents the first vacuum tube hearing aid. The vacuum tubes are very big of size, which made it not easy to carry. With the arrival of the transistor invented by the American firm Bell Labs in 1948 it was possible to minimize the size, it requires much less energy input, and it was more durable in application of the hearing aid (Nelson, 1962). In the early 1950’s the transistor hearing aids were introduced, at the same time they also began replacing the vacuum tube hearings aids.......

Words: 4881 - Pages: 20

马向阳下乡记播出时间 揭演员表剧情介绍 | To Love-Ru Darkness OVA Episode 1 English Subbed | The Munsters (1)