Tutor profile: Ashley G.
Defendant was required to live in a halfway house. Those who live in the building are allowed to go to work during the day, but in the evening, they must sign in and stay for the entire night. On October 10 during the day, an armored truck was robbed very close to the halfway. Defendant did not return to the facility that evening. Defendant is charged with that crime. Prosecution wants to introduce that Defendant is a convicted sex offender and had to return to the halfway house in the evening and he didn't that night. Should this be allowed?
The prosecution should not be allowed to bring up the fact that Defendant is a sex offender. It is highly prejudicial and is not relevant to the case at hand. However, the fact that Defendant lives in the halfway house is relevant. The facility is close to the place the crime took place. We know that Defendant did not return and sign in the evening of October 10. This could be useful to prove identity. Therefore, while acknowledgment of the Defendant's previous crime would not otherwise be permitted to be admitted, it should be permitted here in order to provide character evidence through 4040(b).
Subject: Political Science
Niccolo Machiavelli's "The Prince" contains several maxims concerning politics. He determined that as a ruler, if one cannot have both, "...it is better to be widely feared than to be greatly loved." Why does this seem like a logical conclusion? Do you agree with this conclusion?
The "better to be feared than loved" argument is one that plays upon human nature. A ruler should be concerned with reputation, but at the same time, be willing to take action when necessary. A ruler who is loved gains their following through the public's obligation. This obligation, however, is fleeting if the ruler fails to provide for the public when the public demands. A ruler whose loyalty is earned through fear rather than kindness is furnished with greater stability when this ruler makes decisions inconsistent with the public's desires. However, this loyalty is neither unwavering nor definite. Rebellion is sure to ensnare the public at some point, because fear inevitably becomes hatred, particularly if the ruler's power turns their character toward corruption. Therefore, I disagree with Machiavelli; a young ruler should aspire to gain the loyalty of his followers with consistency. This means that love from the constituents will provide a base for the ruler to have access to the people's desires, and create a relationship of trust with them. However, humans can be fickle, and thus an element of fear is necessary to keep the constituents in bounds, and develop a boundary so it is not forgotten who is in power. Fear is necessary to remind the followers that the ruler is in fact the ruler. However, being loved prevents the rise of rebellion. Fear alone will not guarantee a ruler's power.
Which factors would you look for to determine whether an author was using the persuasive technique of pathos in a passage?
A student should look to see whether the author was using personal connections and stories to appeal to the audience's emotions. Pathos is an appeal to the emotions of the audience (think pathetic), and incorporating personal connections and stories is a technique for eliciting an emotional response from the reader.
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