case analysis

case analysis
Answer ALL of the below:
1. What was the importance of the Tennessee v. Garner 471 U.S. 1 for law enforcement? How did this law impact legislators in Tennessee and other states?
2. Explain the main points of the case using the below case summary.
a. How do you view the actions of the police officer?
b. Was the officer following the law of the state?
Use the following format: Give case name, number/yea, then:

1. FACTS: 2-3 sentences summarizing the important facts.

2. ISSUE: Usually there is only one issue in a case. It generally asks a constitutional question or raises a constitutional issue and set out why a case is important.
3. HOLDING: The holding generally answers the constitutional question raised or addresses the issue raised.
4. REASONING: (The most difficult part of the brief.) Explain why the court held or decided the way it did. It should be approximately 3 sentences.
5. CASE SIGNIFICANCE: 3+ sentences which will include the impact on law enforcement or corrections personnel.

Argumentative/Persuasive Research Paper

Learn, compare, collect the facts! In your work and in your research there must always be passion. Ivan Petrovich Pavlov

In addition to reflecting and expressing on meaningful experiences (Essay #1/memoir), informing and explaining reasons for your career path (Essay #2/expository), and reacting to cultural sites that give you a sense of place and a sense of self (Essay #3/mid-term), you also find yourselves debating issues important to you, particularly argumentative topics involving an ethical dimension.

Essay #4 asks you to consider issues involving ethics. An issue is a question, problem, debate, or controversy. Ethics involves a study of (1) appropriate rules for human behavior, (2) values such as right and wrong, desirable and undesirable, just and unjust, and (3) obligations and duties.

Before forming an issue, first consider a wide range of argumentative topics that interests you. Select topics that you feel passionately about, perhaps causes that you promote. Here are some examples: doctor-assisted suicide, the war on drugs, electronic voting machines, prostitution, birth control, and the labeling of genetically modified food.

When you have decided on an argumentative topic, turn the topic into a research question. This research question will be your issue and will appear in the introduction to your argumentative/persuasive research paper.

When creating issues, we can sometimes use the word “should.” For example:

1. Should Texas vote to legalize doctor-assisted suicide?
2. Should the United States military destroy the poppy crop in Afghanistan?
3. Should the city of Houston legalize prostitution?
4. Should the Houston Independent School District make available condoms in the counselors’ offices?

Not all issues have to begin with “should”:

1. Are electronic voting machines a threat to democracy?
2. Is genetically modified food safe to eat?

During the course of your research, you may need to modify or fine tune your research question.

As you conduct research by locating credible sources and examining both sides of your issue, you will eventually write an argumentative assertion or thesis.

Furthermore, you support that argumentative thesis with your line of reasoning. Your line of reasoning consists of (1) reasons, (2) concessions and (3) refutations.

These reasons, concessions, and refutations are backed up with credible, documented evidence presented in the form of direct quotes, paraphrases, summaries, and facts and statistics.

This essay requires establishing appeals to logos (logic), pathos (non-logical appeals to emotion), and ethos (ethics, author’s credible and authoritative persona).

In a 1,000 word double-spaced argumentative/persuasive essay, select and narrow your research topic, formulate an issue (research question), and take a stance (argumentative thesis) on this debatable topic involving an ethical dimension. Devise an argumentative structure using reasons, concessions, and refutations. Incorporate a minimum of two credible sources documented using Modern Language Association (MLA) citation format (both in-text and works cited).

Thirty-three to fifty percent of your essay should be documented material in the form of (1) facts and statistics, (2) direct quotes, (3) paraphrases, and (4) summaries. Use both argumentative and persuasive strategies. Establish appeals to logos, pathos, and ethos. Include a title page, formal topic outline, and an MLA works cited page.
Purchase a pocketed paper folder.

1. Left pocket includes list of topics, any creating and discovery activities, research proposal, research schedule, Xeroxed or downloaded articles/pages from books with bibliographical information, at least one messy/marked rough draft, and self and peer critique response sheet.

2. Right side pocket includes final draft (title page, annotated topic outline, final draft, MLA works cited page).
Let’s examine the fundamental decisions you should consider for an argumentative/ persuasive research paper: purpose, audience, genre, tone, argumentative/persuasive strategies, research question, and argumentative thesis.

At times your purpose is only to argue: to take a position and present a case for that position using a carefully planned argumentative structure. Other times your purposes are to are both to argue and persuade an audience by using persuasive devices involving diction, tone and sentences.

Make an audience analysis before writing essay #4. Your audience is our class and the larger HCCS student body. You will need to address multiple audiences. You might consider your audience in thirds: (1) one third of this audience already believes your assertion. (2) One third of your audience is unsure. You will need to inform this group and persuade them. (3) The final third of your audience is your opposition.

Your tone for this kind of essay is one of concern, urgency, involvement, even passion for a strongly held cause. Tone is a part of the persona/voice you must adopt to convey your argument. You must come across as someone who can be believed, someone who cares about the topic, and someone who is a voice of authority because you know the topic and have researched both sides of the issue. A strong tone can also be persuasive strategy. Note the persuasive tone in Barbara Huttman’s “Crime of Compassion.”

To accomplish your argumentative purposes, we have a special set of strategies: (1) reasons, (2) concessions, and (3) refutations.

Further strategies appropriate for a research paper might include (1) background/history, (2) common ground, (3) definitions, (4) examples, and (5) cause/effect relationships.

In addition to argumentative strategies, this essay also requires persuasive strategies. First, keep in mind that a strong argument is persuasive. However, appeals to pathos, that non-logical pull at the heart/emotion, are also persuasive. These appeals include persuasive diction: connotation, imagery, figurative language (such as metaphor, simile, etc.), and allusions. We can make other persuasive appeals through sentence structure: rhetorical questions, balanced sentence, anaphora, intentional fragment, and short simple sentence.

Your thesis is your argumentative stance: the side of the debatable issue you take, your main assertion. Your thesis might include a claim or combination of claims:

1. claim of value (The death penalty is immoral.)
2. claim of policy/action (The death penalty should be abolished.)
3. claim of inference (The death penalty is successful as a deterrent to murder.)
Your argumentative thesis might be a combination of claims linked with “because”:

Because the death penalty is a successful deterrent to murder, capitol punishment should not be abolished. (claims of inference and policy)

Your thesis might also contain several “because” claims:

Texas should vote to abolish the death penalty. (general)

Texas should vote to abolish the death penalty because it does not deter murder, it is racist, and it is expensive.

Your thesis can present your argument in a “nutshell” and provide the basic argumentative blueprint for structuring your essay.

No one way to structure your argument exists. You can use any combination of the argumentative strategies to develop a structure or line of reasoning that is organic to your argument. At least one concession and refutation is required for this project.

Introduction: Introduce your issue by engaging reader interest, begin to establish your credibility (ethos), create a controversy, problem, or debate. Perhaps establish common ground, perhaps explain how your subject matter is being misunderstood, and offer your research question. In a longer essay, you may want to write more than one paragraph of introduction.

Thesis: Your thesis (argumentative assertion) can appear anywhere in your essay. The traditional position is at the end of your introduction, following your research question. However, if you have a controversial thesis, you may want to withhold it until your conclusion.

Background: Provide the history or brief narrative of past events relating to your subject. If needed for you audience, define key terms. Review basic facts about your topic.

Reasons: The majority of your essay will be reasons why you believe your assertion to be true. Each reason should be directly related to your thesis. Each reason will be a topic sentence paragraph. Order by beginning with your weakest reason and build to that your strongest reason comes last. In the body of your topic sentence paragraphs, offer credible and documented evidence. Give the reader facts and statistics, expert testimony, and informed opinion.

Concession(s): When you concede, you recognize the opposition’s reasoning. If you want, you can even offer documented evidence in support of the opposition’s reasoning.

Refutation(s): When you refute, you attempt to disprove, call into question, discredit, diminish, or destroy the opposition’s reasoning. You might want to point out weaknesses in the opposition’s thinking and draw attention to fallacies (errors in thinking). You can use documented evidence in your refutation to help you refute.

Conclusion: In the conclusion, you summarize your main points and drive home your argumentative assertion. Perhaps remind the reader about the weaknesses in the opposition’s reasoning, underscore your own logic, or make an emotional appeal (pathos). End with a strong, persuasive last line.

You must decide how you want to organize your essay. Will you include your thesis in your introduction or save it for the conclusion? Will you begin your argument with your concession and refutation or place your own reasoning after your introduction? You may write your concession and refutation in one paragraph or split them into two paragraphs.

You will need at least two credible, correctly documented sources to help you support your thesis and line of reasoning. Your Modern Language Association (MLA) documentation will be in two parts: (1) in-text and (2) works cited. In the body of your essay, you will want to introduce sources and give in-text documentation linked to the works cited page.

Use source material by offering (1) facts and statistics, (2) direct quotes from informed sources, (3) paraphrases, and/or (4) summaries.

Sources must come from materials in the HCCS library (books, periodicals, and databases). A periodical is a print source such as a newspaper, magazine, or journal. Here are the databases available to you from the HCCS library database collection.

Although the library subscribes to many more data bases, the following ones will be helpful to you as you write your English 1301 research paper. You may access these from your home by using the barcode on your student ID card.

1. Opposing Viewpoints (highly recommended)

2. SIRS Knowledge Source (highly recommended)

3. Academic Search Premier

4. General Reference Center Gold

5. InfoTrac OneFile/InfoTrac Newspapers


7. Proquest Direct

8. Wilson Omnifile

You may also use an interview with a credible authority as a source.

Do not use sources from the Internet unless I approve the sources. You will find credible, valuable sources with gov or edu in the URL.

Do not conduct open, general searching on Google.

Do not use Wikipedia or any general encyclopedia as a source.

Use of any unreliable source will substantially lower your grade!

And finally, remember what Ivan Petrovich Pavlov says about research: Learn, compare, collect the facts! In your work and in your research there must always be passion.

There must be passion!

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