Outweighs Its Prejudicial Effect On People V. Albarran Essay

outweighs its prejudicial effect. People v. Albarran (2007) 149 Cal.App.4th 214, 223. We will not disturb a trial court’s exercise of discretion under Section 352 unless it exceeds the bounds of reason. People v. Funes (1994) 23 Cal.App.4th 1506, 1519. Rodriguez contends that court abused its discretion under Evidence Code 352 and violated his right to due process and fair trial when it admitted of evidence showing his previous gang membership with the Mongol Motorcycle Club. ~(AB 14)~ He claims that evidence of gang membership unduly prejudiced the jury against him, remarking that identification of the Mongols was completely unnecessary and did not strengthen the inference that Rodriguez had a motive for the shooting ~(AB 14, ARB 5)~ We therefore review the record in the light most favorable to the judgment to determine whether the evidence of gang membership was more probative than prejudicial with respect to the charges against Mr. Rodriguez. 1.2 The Relevant Gang Evidence was More Probative than Prejudicial Rodriguez cites Albarran to support his appeal. In that case, the defendant gang member was charged with attempted murder, shooting at an inhabited dwelling, and attempted kidnapping for attempting to steal a car after he fired numerous gunshots during a birthday party. People v. Albarran 149 Cal.App.4th 214, 217-18. During the trial, the prosecutor made a number of references to Albarran being a member of the â€Å"dangerous† 13 Kings street gang,

Social Psychology And Bargaining Process - 2133 Words

Each individual is as much a product of their social environment as the internal processes that make them tick. From the time we are babies, there is a constant dialogue between social interaction and individual psychological processes that gives us personality and shapes our social identity. It follows that how we negotiate, as well as our personal qualities and character, can be thought of as product of our social externalities and internal psychology. In this sense, the way we bargain today is entirely dependent on the social and psychological development of our past: the process by which we have come to understand ourselves in relation to the world. This is a complex, perpetual interaction between self-perception and how others perceive us. It makes us who we are as individuals, and gives us the character and personality inherent to the style of negotiation which we bring to the bargaining table. SOCIAL PSYCHOLOGY AND BARGAINING STYLE: THE COMPETITOR The study of social psychology in turn has huge implications for learning about and teaching negotiations. In Bargaining for Advantage, director of Wharton School of Business Richard Shell both complements and utilizes the social and psychological underpinnings present in bargaining. Specifically, he uses examples to illustrate how different aspects of culture and personal mentality affect can outcomes in negotiations, ranging from major business transactions to intimate personal agreements. Further, information-basedShow MoreRelatednegotiations case stdy Essay1475 Words   |  6 Pagescar dealership have not received any incentives for this car. Based on the Dual Concern Model, the best position for Miss Michelle and Laceys negotiation would be Competitive strategy. Competitive strategy is basically a distributive bargaining, Distributive bargaining tactics aim for a large slice of a fixed pie of value, increasing one’s own payoff at the cost of the counterpart’s payoff (Amanatullah, Morris, Curhan, 2008). As in this case the dealer has to give in to accommodate Miss Michelle’sRead MoreNegotiation Strategy Article Analysist Paper1243 Words   |  5 PagesNegotiation Strategy Article Analysis Paper Organizational Negotiations MGT_445 Negotiation is a process by which two or more parties, each with its own goals and perspective, coordinate areas of interest through concession and comprise to reach an agreement and take joint decisions about areas of common concern in a situation in which neither side has nor wants to use complete power. â€Å"we know that lawyers and car salespeople spend lots of time negotiating, butRead MoreEssay about Reaching Acceptance: the Five Stages of Grief1141 Words   |  5 Pagesthat the event did not actually occur. Anger follows when the individual realizes that the trauma did occur and there is nothing to make it better. Depression is the third stage in the grief process in which one feels helpless and dark with nowhere to run. The fourth stage of the grief process is bargaining which is when one will try to find an alternative way to cope with or get out of the situation. Acceptance is the final stage that everybody strives to reach in times of grief in order to moveRead MoreThe Five Steps of Grief1131 Words   |  5 PagesGrief is a process that involves five important steps to correctly deal with a painful situation or the loss of someone important in ones life. In the famous play â€Å"Hamlet† written by William Shakespeare a young boy is forced into the grieving process when his father dies. The audience can see him go through all five step, and also can see how the ones around him also go through the process. To overcome grief effectively all five steps must be experienced but not in any particular order and throughRead MoreThe Stages Of Grief Have Been A Topic Of Debate In Grief1553 Words   |  7 Pagesemotions that humans can expect to feel, resulting from some type of unexpected loss. Grief and loss is very normal process, and something most people will be forced to cope with at some point in their lives. However, to categorize each person’s feelings into an arbitrary set of stages would not be realistic. In general, the five stages of grief are described as Denial, Anger, Bargaining, Depression, and Acceptance. The bereavement community has been quick to accept and assign grief in stages, mostRead MoreCross Cultural Sales Negotiation8301 Words   |  34 Pagessales transactions or negotiations which span national and cultural boundaries. That means, sales negotiators interact with individuals from unfamiliar cultures that exhibit different negotiation styles, behaviours and expectations about the normal process of negotiation (Graham and Sano, 1984). This presents several potential culture-related obstacles that confront the international negotiator (Deutsch, 1984; Frank, 1992; Graham and Sano, 1984; Hall and Hall, 1987; Tung, 1984; Zimmerman, 1985) andRead MoreOn Death And Dying By Elizabeth Kubler Ross1220 Words   |  5 Pagestwo years of her professional career gathering information from terminally ill patients to create the premise for On Death and Dying. â€Å"It is not mea nt to be a textbook on how to manage dying patients, nor is it intended as a complete study of the psychology of dying.† (Kà ¼bler-Ross, 1969). This book was written as a call-to-action; to raise awareness of the voice of the dying. Not only is there stigma surrounding the topic, but also numerous misconceptions concerning the emotional journey of the terminallyRead MoreNegoation4112 Words   |  17 PagesManaging Negotiation Introduction From reaching an agreement with a large client to bargaining for a higher starting salary, the ability to negotiate effectively is a critical component of success in business. One fundamental aspect of a negotiation is if it will be approached as distributive bargaining or as an integrative negotiation. Distributive bargaining is a competitive, zero-sum negotiation in which there are a limited amount of resources available, while integrative negotiation takesRead MoreEssay about A Case Related to Death, Dying and Bereavement944 Words   |  4 PagesSchut, Strobe, 2007). In the grieving process, we would experience depression, anxiety and fear about death and dying. We also felt loneliness, shock and numbness during death and dying. In addition, there were also some common grief reactions to the bereaved person too. They lost their appetite, sleeping disturbance, being exhausted and many complaints about somatic and physically (Worden, 1991; Stroebe, Schut, Stroebe, 2007). The grieving process may have its pathway (McKissock, D., McKissockRead MoreThe Monster Of Living With Grief1686 Words   |  7 PagesCommunication Art IV 30 September 2016 The Monster of Living with Grief As Keanu Reeves once said, â€Å"Grief changes shapes, but it never ends† (â€Å"Tragic†). When it comes to grief there are usually five shapes or stages that people go through: denial, anger, bargaining, depression and, finally, acceptance. The book A Monster Calls, by Patrick Ness, is about a young boy who is struggling with school, bullies, friends, and family when his mother develops a terminal illness. He is visited by the monster, a massive

Coming to America free essay sample

The case Moto: Coming to America captures the essence of cultural differences between Japan and America. Moto, a project director of KKD (a Japanese auto parts supplier), was sent to America to decide which U. S contracting company to be used and check the price details. Before he went to America, a research on U. S building contractors had already finished by Moto’s company. The company found that Allmack is the best so Moto went to negotiate with the president of Allmack (Crowell). Both Moto and Crowell are not familiar with each other’s culture. There are so many cultural and communication differences between them. As a result, a lot of misconceptions and problems generated throughout the business process between KKD and Allmack. This report is going to analysis how these problems generated and show the details of cultural differences between Japan and America. Problems analysis: Moto’s purpose and agenda: Moto expected that the first meeting with Crowell would be one where there they would get to know each other and establish good relationship. Her Life in America was completely different; she was living a decent life in Korea. However the brutal thing for her was facing poverty after being wealthy, but she had no choice but to adjust accordingly. Her lifestyle has completely changed now she has to do her homework by herself with no help , she has to take public transportation to school instead of being driven by a chauffeur, she has to live in old house . â€Å"America and I† by Anzia Yezierska , talks about the Russian immigrant name Anzia who came to America with full of hope and ambition to get a job and live a American life , but disappointed after taking a taste of America. Anzia came to America to get a job and buy the things that she wasn’t able to afford before. Anzia first challenge was to learn English. She worked as servant and did her best to get her earnings. She didn’t even get what she earned after month of hard work; instead she was told that she should be happy for having a bed to sleep in and three meals a day. She came to this country to live better life but she got treated so poorly. These two articles are related to me in one way or another. Both of these articles remind me of my past, when I first came to America with excitement and full of hope and the struggles that me and my family had to face in America just to make comfortable living and for the better future . Our lifestyle has been changed a lot after we came to America ,now my parents work long hour don’t even have enough time to spend time with their children and I have to do most of the stuff by myself that my mom used to prepare for me. Just like Suki Kim, I was living decent life in my native country and i came to America with excitement, accomplish great things personally and full of hope to live even better life. I also struggled and had a tough time learning the American culture and the English language due to my own very different culture, but during this short period of time America taught me a lot; Fulfilling your dreams isn’t easy but letting them go shouldn’t be say either . We all have positive and negative experience in America after coming from different country. We all come to America with full of hope and aspirations, but we don’t know, what we have to go through to live an American dream until we experience by ourselves. Most immigrants in America face struggle to live a better life because of the language barrier, culture and facing poverty. After experiencing and reading those by those authors, I think we have to face tough times and work really hard to achieve our dreams.

Romeo And Juliet Tragic Essays - Characters In Romeo And Juliet

Romeo And Juliet Tragic It is known that in Shakespeare's tragedies main characters die in the end, and in his comedies people marry. Since Romeo and Juliet are a tragedy, Romeo and Juliet are going to die in the end. Some events have to lead to their deaths, and someone makes these events happen. The person(s) who started it all and did something that led to all the other events that caused the death of "a pair of star-crossed lovers". The Capulets and Montagues would be most responsible for the deaths of Romeo and Juliet because if their ancestors didn't start the fighting, and they didn't continue it, nothing terrible would have happened. The first lines of the book tell us about the hate and envy between the two houses. Choir: "Two households, both alike in dignity, From ancient grudge to new mutiny,". The choir tells us that the whole conflict started a long time ago with really little things, and then grew into huge fights involving many people. No leader of either household ever though about making peace, they were all too busy to spoil everything for the rival family. Only after the death of their children they realized how wrong they were. Romeo and Juliet first meet each other at a party at the Capulets' house. They fall in love with each other at the first sight without knowing that they are from rival houses, and when they do learn about it, it is too late. Juliet says: "My only love, sprung from my only hate! Too early seen unknown, and known too late!". Juliet realizes that it was a mistake to fall in love with Romeo, because he is one of the people she should watch out for. He is her first and only love, but he is an enemy of her family. Luckily for Romeo, Juliet is smart, and such dumb thing as unreasonable hate between their parents wouldn't stop her from loving Romeo and getting married with him. She is sorry that their families are enemies, though, because everything would be much easier if they weren't. So this is the first time when the hate between Capulets and Montagues becomes an obstacle to Romeo and Juliet's happiness. Only after their children die, do the Montague and Capulet come to their senses? The Prince accuses them of killing Romeo and Juliet: " . . . Capulet, Montague, See what a scourge is laid upon your hate, That heavens finds means to kill your joys with love!". The Prince makes them see how wrong they were all the time, that all because of their hate, because they couldn't let their children love each other, Romeo and Juliet died. After that, Capulet and Montague make peace, and Montague even says that he will make a gold statue of Juliet, but what is that going to do, it is too late, nothing will bring their children back. It is totally Capulets' and Montagues' fault that Romeo and Juliet died. If they didn't hate each other so much, they would let their children marry, and they would be able to live happily ever after. There was only one person that realized how unreasonable the fighting was and even tried to stop it, and he was Benvolio. Benvolio was a Montague, but the Capulets didn't have a peacemaker such as Benvolio. They only had Tybalt, whose only goal was to destroy all the Montagues. Also we don't really know how Romeo and Juliet's parents would have reacted if they had known that their children love each other. Romeo and Juliet didn't even try to tell them about love between them because they were afraid that their parents wouldn't understand them, but maybe they would. The problem is, we don't know, because Capulet and Montague learned about their children's love when they were already dead. It is still mostly Capulets' and Montagues' fault that Romeo and Juliet died, but maybe it was just their fate to die. Romeo and Juliet A Tragic Play It is known that in Shakespeare's tragedies main characters die in the end, and in his comedies people marry. Since Romeo and Juliet are a tragedy, Romeo and Juliet are going to die in the end. Some events have to lead to their deaths, and someone makes these events happen. The person(s) who started it all and did something that led to all the other events that caused the death of "a pair of star-crossed lovers". The Capulets and Montagues would be most responsible for