Wednesday, July 31, 2013

Week 3 EOC: Legal Issues With Rolling Stone Article


There are many legal issues following the case of Dzhokhar Tsarnaev, or the Boston Bomber, as he is commonly known. The first is a fear that Dzhokhar might not be able to get a fair trial by a fair and impartial jury of his peers. “A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer” (Beatty, Samuelson, and Bredeson, 109). After the article written about him appeared in The Rolling Stones Magazine, there are very few who do not know who is he is. The entire country knew who he was once the news came out that he was named as a suspect, but now, an intimate view of his life leading up to the terrorist act was profiled. Every news outlet in America was covering the Rolling Stones article and the sensationalism of the Boston Bomber appearing on the cover.

Another issue concerning the article is whether or not the reporter exercised negligence in the way he gathered “facts” for the piece. Whether just interviewing his those that intimately know him from only one period in his life, Dzhokhar might have grounds to pursue damages on the basis that the reporter was negligent in his fact finding and that it had caused “the plaintiff…suffered harm that is genuine, not speculative” (Beatty, Samuelson, and Bredeson, 99). He can argue that the article painted him in a negative light which would tie in to the issue of him being able to even get a fair trial because of the press coverage. While this might be very tough to prove, there might be grounds for the argument in favor of Dzhokhar.

On a similar note, there could be grounds to argue a case for defamation. “The First Amendment guarantees the right to free speech, a vital freedom that enables us to protect other rights. But that freedom is not absolute. The law of defamation concerns false statements that harm someone's reputation” (Beatty, Samuelson, and Bredeson, 78). Dzhokhar could potentially claim that the article caused irreputable damage to his image tarnishing whatever chance he had at a fair trial. After the amount of press the Rolling Stone article got on its own, there would not be many people who have not read it and would be swayed by the statements of his drug pass and other dealings.

Friday, July 19, 2013

Week 2 EOC: Stand Your Ground


The “Stand Your Ground Law” has recently taken center stage in wake of the Trayvon Martin Case in which George Zimmerman was acquitted.  Many protesters are calling for a repeal of the law stating that it allows -- and perhaps [encourages] -- violent situations to escalate in public, such laws undermine public safety." (http://www.foxnews.com/politics/2013/07/17/nra-blasts-holder-for-attacking-stand-your-ground-laws-after-zimmerman-verdict/#ixzz2ZVTyhDWA). There are both opponents and proponents for the law which has stirred up debate as to what constitutes self-defense and racial profiling. The Florida Statutes states that a person who has right to believe their life or the life of another is in danger has the right to defend themselves if “The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred” (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0776/Sections/0776.013.html). There is no mention to public domain that is occupied when the self-defense/altercation occurs. This is where people tend to get outraged as in the case of Trayvon Martin. It is natural for someone to want to protect their home or other dwelling and the people that occupy it. However, if someone is in public domain, why wouldn’t the accosted flee and seek help? Excessive force does not necessarily constitute self-defense. It can lead to unnecessary violence when a perception of danger is misconstrued.  

Proponents for the law, such as the NRA, believe the law backs up the fundamental right of each person to protect themselves and their dwelling. Attorney General Eric Holder expressing his concerns states, “…in his speech to the NAACP, suggested that the laws encourage gun owners to seek confrontation rather than avoid it” (http://www.foxnews.com/politics/2013/07/17/nra-blasts-holder-for-attacking-stand-your-ground-laws-after-zimmerman-verdict/#ixzz2ZVYDSXSz). When carrying a weapon, a person can tend to feel justified to use deadly force when threatened; however, what comes into question becomes what is the danger being faced?

Friday, July 12, 2013

Week 1 EOC: About Me

 Fashion is exhilarating. It is constantly changing and we must change along with it or be left breathlessly behind. This idea of an industry that can affect millions is why I love fashion. From a single garment we can change the ideas of many and spark a movement. My love for fashion is as multifaceted as the industry itself. The art of design moves me. In a mere second one garment can illicit such a powerful response that I am moved to tears. It can horrify, mesmerize, stupefy, or delight.  It is as profound and important as any of the great artworks treasured today. I value the art of styling an outfit to express individual taste, as well. It takes talent to show the world who you are without uttering a single word. In as much as fashion makes me feel, it also makes me strive to be something. My diligent work ethic, gregarious personality, and keen sense of business are all needed to make it in the industry. It takes a sharp mind to turn a passion into a thriving business. One day I will move to New York and succeed in a field I love. I aspire to work closely with emerging designers to help them become “the next big thing” by marketing and selling their work to fashionistas around the globe. I will be the person who helps turn their vision into a reality. Fashion does more than simply clothe me, it inspires me to make my mark in this world.