Miller V. Alabama

In: Other Topics

Submitted By savageraven
Words 1431
Pages 6
Miller v. Alabama
CJA/354

Miller v. Alabama
The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were convicted of murder and sentenced to a mandatory sentence of life without parole (2012). In 2009, juvenile courts in the United States handled an estimated 1.5 million delinquency cases that involved juveniles charged with criminal law violations (Knoll & Sickmund, (2012). What made Miller and Jackson so special that the Supreme Court chose to hear the case was their age and the mandatory minimum sentence each of them received at the lower level jurisdictional court. To highlight the significance, a review of the two respective cases is necessary. Additionally, after reading this paper the reader will have a better understanding of what accomplice liability and criminal liability are, and the differences between the various elements of crime, and how liability and the elements of crime relate to the reviewed case.
Evan Miller
Evan Miller was 14-years old in July 2003 when he robbed and savagely beat Cole Cannon (De Vogue, 2012). After beating Cannon with their hands, feet, and even a baseball bat, Miller and 16-year old Colby Smith then set Cannon’s trailer on fire (2012). Actus reus, or criminal act, is required for a crime to…...

Similar Documents

Normile and Kurniawan V. Miller; Segal V. Miller

...Normile and Kurniawan v. Miller; Segal v. Miller 3313 N.C. 98; 326 S.E.2d 11; 1985 N.C. LEXIS 1521 Facts: Plaintiff-appellants (Normile) made an offer on the defendant (Miller) seller’s home. Defendant responded with a counter-offer. The plaintiff never accepted or rejected the counter-offer and believed the house was still on the market. The next day the defendant sold the house to the plaintiff-appellee (Segal). The plaintiff-appellants are suing for specific performance, as did the plantiff-appllee, in separate actions which were consolidated by the lower court. The counter-offer by the defendant did not constitute a binding and enforceable contract. The defendant then properly revoked the counter-offer by selling the property to plaintiff-appellee and thus gave plaintiff-appellants notice of that revocation. Procedural history: Appealed from Court of Appeals for North Carolina. Currently at Supreme Court of North Carolina. Issue: Was there a clear offer and acceptance between Normile and Miller? Holding: No, Miller’s counteroffer was a revoke of Normile’s offer since it was never accepted by both parties and was not a mirror image contract. Rule of Law: An offer is a promise to do something or to refrain from doing some specific thing. An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. An acceptance is an offeree’s......

Words: 419 - Pages: 2

Arthur Miller

...ARTHUR MILLER Arthur Asher Miller (October 17, 1915 – February 10, 2005) was an American playwright and essayist. He was a prominent figure in American theatre, writing dramas that include plays such as All My Sons (1947), Death of a Salesman (1949), The Crucible (1953) and A View from the Bridge (1955) Arthur Miller's Childhood: His father was a productive shop-keeper and clothing manufacturer, until the Great Depression dried up virtually all business opportunities. Yet, despite being faced with poverty, Miller made the best of his childhood. He was a very active young man, in love with such sports as football and baseball. College Bound: In 1934, Miller left the east coast to attend the University of Michigan. He was accepted into their school of journalism. His experiences during the depression made him skeptical towards religion. Politically, he began leaning towards the "Left." And since the theater was the cutting edge way for socio-economic liberals to express their views, he decided to enter the Hopwood Drama competition. His first play, No Villain, received an award from the University. It was an impressive beginning for the young playwright: he had never studied plays or playwriting, and he had written his script in just five days! Broadway Bound: After graduation, he continued writing plays. During World War II, his writing career gradually became more successful. In 1940 he crafted The Man Who Had All the Luck. It arrived on Broadway in 1944,......

Words: 515 - Pages: 3

Alabama vs Auburn

...Tyler Gates English 101-03 9-21-13 In the state of Alabama lie two powerhouse football programs that have coexisted for the past century. The University of Alabama, located in Tuscaloosa, Alabama, has showcased its football program at a very high level. Their cross-state rival, Auburn University, is located in Auburn, Alabama. With a recent National Championship win in 2010, Auburn University was ready to be a formidable opponent to the University of Alabama in the next few years. However, in the 2012 season the University of Alabama overpowered Auburn University in every aspect of the game. In the 2012 football season, the Alabama Crimson Tide fished the season number one in the AP poll and came home with a National Championship. The Crimson Tide ended the season with an almost perfect 13-1 record (7-1 in the SEC). The Tide’s only loss that season came to Texas A&M, a top SEC team led by their Heisman quarterback. The University of Alabama had nine players selected in the NFL draft with three players coming in the first round after the 2012 season. Alabama kept all of its coaches from this previous season. Nick Saban returned to the Tide in 2012 for his sixth season and finished with his third national championship. The recruiting class for Nick Saban and the Crimson Tide ranked number one in the nation in 2012. The class had a total of 13 players recruited in the ESPNU 150 which 3 would start for Alabama. The Auburn Tigers, Alabama’s most hated rival, on the......

Words: 470 - Pages: 2

Jason Miller

...Jason (born John) Miller was the only child of John Miller, an electrician, and Mary Claire Miller, a special education teacher. When Jason was still an infant, the family moved from New York to Scranton, Pennsylvania. His education was exclusively Catholic. Following parochial school, he attended St. Patrick’s High School, where he came under the strong influence of Sister Celine, a nun of the Immaculate Heart of Mary, who taught Jason public speaking, debating, and rhetoric. Years later he told an interviewer, “She gave me encouragement at a time when I might have stolen cars.” Miller went to the Jesuit University of Scranton on an athletic scholarship and earned his B.A. in 1961. While in college, he garnered a first-place prize in a Jesuit Play Contest for his one-act piece titled The Winners, his first playwriting effort. He then went to graduate school at the Catholic University of America in Washington, D.C., in 1962 to 1963 and, in spite of his absenteeism and breaking of rules, earned his master’s degree. In 1963, Miller married Linda Gleason, a fellow Catholic University drama student and daughter of comedian Jackie Gleason. The Millers moved to Flushing and Neponsit, Queens, in New York City. They had three children before their divorce in 1973. Afterward, Miller moved to Upper Saddle River, New Jersey. At one point, he married model Ruth Josem. He also fathered a fourth child with girlfriend Susan Bernard. In New York, Miller had found occasional work in......

Words: 1135 - Pages: 5

Miller

...Manufacturing Company Case Study #1 Elite Manufacturing Company 1.) 1st Quarter               2nd Quarter       3rd Quarter         4th Quarter   Average 385711 | 314931 | 334035 | 369290 | 350992 | 2.)   1st Quarter                 2nd Quarter     3rd Quarter           4th Quarter   Average 799132 | 639407 | 683037 | 746491 | 717016 | 3.) Baumol Model assumes that the cash inflow is constant. Both equations find the optimal cash balance, but the Miller-Orr model goes a step further and finds the average cash balance. Miller-Orr gives a more accurate depiction of the optimal cash balance because it takes into account the upper and lower limits for the cash balance. A substitute for the baumol model could be the EOQ model because it finds a better target cash balance. 4.) If it was the minimum, we would be charged with a penalty, whereas if it was only an average, there is more flexibility. 5.) Baumol model= 78.76         Miller-Orr =   70.07 The range they consider normal is between 55 and 70, so only the Miller-Orr model fall into this range. 6.) A few changes that we recommend in our firm’s cash management is to either synchronize our cash flows, use a lockbox plan, or make payments by wire.  Synchronizing Cash flows: Synchronizing cash flows helps to improve their forecast by timing cash receipts to coincide with cash requirements, so that our liabilities are kept to a minimum. Lockboxes: An older form of cash management that allows you to have a......

Words: 314 - Pages: 2

Alabama Airline

...Case Study: Alabama Airlines Alabama Airlines opened its door in 1995 as a commuter service with its headquarter s and only hub located in Birmingham. A product of airline deregulation, Alabama Air joined the growing number of successful short-haul, point to point airlines, including Lone Star, Comair Atlantic Southeast, SkyWest, and Business Express. Alabama Air was started and managed by two former pilots, David Douglas (who had been with the defunct Eastern Airlines) and Savas Ozatalay (formerly with Pan Am). It acquired a fleet of used prop-jet planes and the airport gates vacated by the downsizing of Delta Airlines. With business growing quickly, Douglas turned his attention to Alabama Air’s toll-free reservation system. Between midnight and 6 am, only one telephone reservation agent had been on duty. The time between incoming calls during this period is distributed as shown in Table 15.16. Douglas carefully observed and timed the agent and estimated that the time taken to process passenger inquires is distributed as shown in Table 15.7. All customers calling Alabama Air go on hold and are served in the order of the call unless the reservation agent is available for immediate service. Douglas decided whether a second agent should be on duty to cope with customer demand. To maintain customer satisfaction, Alabama Air does not want customers to hold more than 3-4 minutes and also want to maintain “high” operator utilization. Further, the airline is planning a......

Words: 449 - Pages: 2

Miller

...Explore the ways in which miller creates suspicion from the moment Hale enters to the end of act one. Miller uses a number of devices such as stage directions, repetition and word choice that indicate suspicion of others and witchcraft among the Salem people. Arthur Miller uses stage directions in to create a sense of suspicion and mystery [Be Precise – state page number/Act]. With Reverend Paris, Miller did this to emphasise the character’s main dilemma in the play which is the threat to Paris' power in the community as his niece as people would be suspicious of her. Therefore because she is living under his roof, it would put a bad name on Paris as he couldn't keep his house Holy [Mention – by Miller setting the scene in a reverend’s house (a place of God), the audience may be more suspicious of the witchcraft.]. The stage directions used at the start if act one when Paris is praying frequently over Better [?] his daughter indicates that the room is quite dark with only a candle burning and sunlight through the window lighting the room. The significance of this is to show how the audience that the stage direction, builds tension to the atmosphere and sets the mood for the play [Good Holly]. Paris is frightened and confused by Betty's illness, wondering what he has done wrong to deserve this. He is angered quickly without provocation, for example when Tituba inquires about natty he turns on her in fury and shouts to get 'out of here.' Therefore not......

Words: 749 - Pages: 3

Miller

...Global Perspectives on Investment Management LEARNING FROM THE LEADERS Conversation with a Money Master BILL MILLER, CFA with FRED H. SPEECE, JR., CFA Bill Miller, CFA, is chairman and chief investment officer at Legg Mason Capital Management, Inc., and was named ‘‘The Greatest Money Manager of the 1990s’’ by Money magazine. In this question and answer session, Fred H. Speece, Jr., CFA, interviews Bill Miller about his insights into portfolio management in general and value investing in particular. Continuing a tradition of lifelong learning a cfa institute publication Conversation with a Money Master BILL MILLER, CFA Bill Miller, CFA, is chairman and chief investment officer at Legg Mason Capital Management, Inc., and was named ‘‘The Greatest Money Manager of the 1990s’’ by Money magazine. In this question and answer session, Fred H. Speece, Jr., CFA, interviews Bill Miller about his insights into portfolio management in general and value investing in particular. Speece: You have an impressive long-term track record as a portfolio manager. Given today’s very efficient and sophisticated market, do we still have room for stock picking? Miller: When we discuss market efficiency, we run into a semantic issue about what exactly is meant by the term ‘‘market efficiency.’’ At Legg Mason, we believe that the markets are pragmatically efficient, which means that they are extremely competitive and usually beat most active managers. For example, fewer than 35 percent......

Words: 8589 - Pages: 35

Miller International

...Miller International, Inc. Strategy Recommendation Introduction History * I’ve chosen to focus my strategy recommendation on Miller International, Inc. I’m particular interested in this company due to the fact that, I, myself am a consumer of their products, particularly their Cruel Girl brand. This brand is crafted for woman and girls. And being a country girl, there is nothing better than a good pair of jeans. Miller International, Inc. is a Denver, Co based manufacturer and marketer of apparels that was formed in 1918. It owns and distributes major premium clothing brands such as Cinch, Cruel Girl, and Rockies. These brands offer high-quality jeans and other western wear for men, women, and children. Over the years this company has evolved to keep up with the ever-changing needs of their customer base. Phillip Miller, the founder, started as a door to door hat salesman. When the need arose, he expanded to a catalog company. With the emergence of retail stores, in 1950, he opened his first brick and mortar store. And now, as back then, the Miller International, Inc. company is continuing to provide their customers with the product and accessibility they require. So in these days of cutting edge technology, they are proving to remain amongst the leading western wear retailers with e-commerce websites and through social media. Competition One of Miller International, Inc.’s major competitors in the western wear industry is Wrangler. Wrangler has been...

Words: 1980 - Pages: 8

Daisy Miller

...begin with, “Daisy Miller” is a short novella where the main character Daisy miller whose real name is Annie P. Miller refuses to follow the strict and severe Europeanpropriety laws that directbehavior, especially relations between young andunmarried ladies with gentleman like Mr. Wnterbourne or Mr. Giovanelli .She becomes the topic of discussion and raises many eyebrows among the noble society of the countries she lives in. The novella is in the genre of comedy and tragedy of manners.Among all the symbols of the story the ones that impressed me a lot where the chosen locations for the actions to take place, the combinations of old and new and also the name selection of the main characterThe locations of the novel were not chosen advisedly though it is not mentioned in the novella. The author wants to bring out the argument that new is not always perceived. The author of “Daisy Miller” Henry James wants to remind us of romantic stories that happened in the locations and also the history of the old countries and buildings where the actions of the novella take place, but he does it implicitly. For example, the places where Miss Miller and her family lived in: Rome and Geneve, the coliseum where Daisy’s encounter with Mr. Winterbourne takes place. All these places contain a huge history and different love stories which are somehow thematically and secretly connected to “Daisy Miller”. I would like to mention also the name selection for the main character Daisy Miller whose real......

Words: 597 - Pages: 3

Miller Modgliani

...American Economic Association The Cost of Capital, Corporation Finance and the Theory of Investment Author(s): Franco Modigliani and Merton H. Miller Source: The American Economic Review, Vol. 48, No. 3 (Jun., 1958), pp. 261-297 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1809766 Accessed: 03-09-2015 15:21 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/ info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. American Economic Association is collaborating with JSTOR to digitize, preserve and extend access to The American Economic Review. http://www.jstor.org This content downloaded from 145.90.63.121 on Thu, 03 Sep 2015 15:21:00 UTC All use subject to JSTOR Terms and Conditions The American VOLUME XLVIII Revlew economic JUNE 1958 NUMBER THREE THE COST OF CAPITAL, CORPORATION FINANCE AND THE THEORY OF INVESTMIENT By FRANCO MODIGLIAN1 AND MERTON H. MILLER* What is the "cost of capital" to a firm in a world in which funds are used to acquire assets whose yields are uncertain; and in......

Words: 9093 - Pages: 37

Alabama Atlantic

...Case 4: Alabama Atlantic Executive Summary Alabama Atlantic would like to determine the optimal shipping routes for its lumber and the amount to be shipped on each route, in order to minimize the total equivalent uniform annual cost. It is my understanding that the company has three sources of wood, with annual availabilities of 15, 20, and 15 million board feet respectively. Additionally, the company has 5 markets it sells to, which have annual demands of 11, 12, 9, 10, and 8 million board feet respectively. Because the estimated supply and demand of wood is in equilibrium, it is important to meet the full demand in each market. It is also important that total amount shipped does not exceed the available supply. Alabama Atlantic has two possible methods to ship the wood. They can either ship it by train or by ship. Depending on the specific source and market, it can be less costly to use one method over the other. However, it is important to note that using ships may require a large capital investment. I have had a chance to determine the potential shipping plans for Alabama Atlantic and have analyzed the company’s situation. I was able to solve this as a linear programming problem using Microsoft Excel, however some assumptions had to be made. First, the production costs are assumed to be the same at each source, so that the only relevant costs are for shipping. Second, the cost of shipping is assumed to be constant no matter what quantity is shipped. Analysis......

Words: 1362 - Pages: 6

Miller

...Health Service Grant MH-19604, National Science Foundation Grant SOC-74 12063, and a Guggenheim fellowship to Martin Seligman. We thank Lauren Alloy, Judy Garber, Suzanne Miller, Frank Irwin, S. J. Rachman, and Paul Eelen for their critical comments on earlier drafts of this paper. Ivan Miller (Note 1) has proposed an almost identical reformulation. We believe this work to have been done independently of ours, and it should be so treated. Requests for reprints should be sent to Martin E. P. Seligman, Department of Psychology, University of Pennsylvania, 3815 Walnut Street, Philadelphia, Pennsylvania 19174. 1967). Paralleling the experimental findings with dogs, the debilitating consequences of uncontrollable events have been demonstrated in cats (Masserman, 1971; Seward & Humphrey, 1967; Thomas & Dewald, 1977), in fish (Frumkin & Brookshire, 1969; Padilla, 1973; Padilla, Padilla, Ketterer, & Giacolone, 1970), and in rats (Maier, Albin, & Testa, 1973; Maier & Testa, 197S; Seligman & Beagley, 1975; Seligman, Rosellini, & Kozak, 197S). Finally, the effects of uncontrollable events have been examined in humans (Fosco & Geer, 1971; Gatchel & Proctor, 1976; Glass & Singer, 1972; Hiroto, 1974; Hiroto & Seligman, 1975; Klein, Fencil-Morse, & Seligman, 1976; Klein & Seligman, 1976; Krantz, Glass, & Snyder, 1974; Miller & Seligman, 1975; Racinskas, 1971; Rodin, 1976; Roth, 1973; Roth & Bootzin, 1974; Roth & Kubal, 1975; Thornton & Jacobs, 1971; among others). Hiroto's experiment......

Words: 16888 - Pages: 68

Bill Miller

...choice, Miller essentially selects stocks that appear to be in trouble, but are ones for which the market seems to have overreacted—he invests “where there is fear.”1 growth and value Rather, we simply point out that doing so exposes us to greater risk and requires us to conduct much more extensive analyses. We are reminded, however, of a quote from Mark Twain, “Put all your eggs in one basket and—WATCH THAT BASKET!”8 An advantage of holding fewer stocks is that it is easier to monitor them, but, in general, we must be extremely confident of our analyses in order to hold so few stocks he tends to select the stocks of companies that are financially sound. Where Miller deviates from many other fund managers is that he often chooses stocks that have been beaten down in recent months/years. This provides us with another lesson. In the aftermath of the Dennis Kozlowski scandal, the stock of Tyco (TYC) dropped from $60 to nearly $8. Miller believed that the scandal had little (if anything) to do with the company’s core business model, so he bought heavily. The stock has since rebounded to the mid $30s, giving Miller a sizable return on his investment. Miller describes this as buying “where there is fear.”2 The lesson here is not that stocks that have performed poorly in recent months are good buys. Rather, it is that there may be good buys within the set of poorly performing stocks. The trick is of course to identify which of them are good buys and which are not. Miller also......

Words: 534 - Pages: 3

Alabama Law

...The new Alabama Immigration Law has set a new get tough standard for immigration law and policies. The law outlaws illegal immigrants from receiving any state or local public benefits, bars them from enrolling in or attending public colleges, and prohibits them from applying for or soliciting work. Among other things, the law makes it a crime for landlords to knowingly rent to an illegal immigrant. The law also outlaws them from knowingly renting any type of facility or property and does not allow them to work anywhere in the state. If a company has an illegal person on their payroll then it makes it an illegal practice to not hire a legal resident. Another provision makes it a crime to transport a known illegal immigrant. Arizona's law appears narrower: It includes language against human smuggling and makes it illegal to pick up laborers for work if doing so impedes traffic. Alabama's law also goes further in requiring schools to check the immigration status of their students. The measure does not prohibit illegal immigrants from attending public schools; lawmakers said the purpose instead is to gather data on how many are enrolled and how the much the state is spending to educate them. Another issue is that the police department must detain any person that cannot provide documentation of being a United States Citizen. The Governor of Alabama, Robert Bentley, initiated this bill into congress and it was passed. The bill takes effect on......

Words: 477 - Pages: 2