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Topic: Appeal to motive

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	Winkler - Murder in McNairy County
		The Independent Appeal presents special coverage of the Winkler murder investigation as it appeared beginning with the March 29, 2006 edition of the newspaper.
		All photos and articles are the property of the Independent Appeal, and may not be used or quoted without prior written authorization.
		Mary Winkler recently filed an appeal with the Tennessee Supreme Court in the custody battle over her three daughters.
	www.independentappeal.com /html/winkler (3470 words)

	Loyola of Los Angeles Law Review (Site not responding. Last check: 2007-10-15)
		One recurring use of uncharged misconduct evidence to prove motive, and from that, a person's commission of the relevant act, arises in robbery and other property crime cases where the evidence tends to show that defendant needed money and often, that defendant was living beyond his or her means.
		The prosecution's theory was that the killing of the husband provided the motive for the charged killing (to conceal his identity as the killer of the wife), and that defendant killed the daughter for much the same reason--to prevent her from revealing his guilt.
		Although on appeal the court held that admission of the testimony was reversible error, [FN200] the court also stated that it would have been permissible for the state to elicit testimony "that a charge of that character had been made.
	www.law-forensic.com /character_and_motive.htm (16233 words)

	Motive
		Instruction stating that motive may tend to establish guilt and absence of motive may tend to establish innocence was proper and did not erroneously inform jurors that their duty was to decide if defendant was guilty or innocent where jury was also informed of reasonable doubt standard.
		Portion of witness' tape-recorded statement, in which she described defendant's motive for committing homicide, related to "same subject" as other portion of statement previously played by defendant and was properly admitted into evidence; court would not draw fine distinction between portion of statement relating to defendant's motive and portion relating to planning of crime.
		The Court of Appeal held that: (1) trial court should have excluded offenses of misdemeanor child annoyance from instruction that motive was not an element of crime that applied to other charged felony offenses; (2) defendant did not invite error; and (3) error could have contributed to verdict.
	daphne.palomar.edu /wlundstein/motive.htm (8315 words)

	Appeal to motive - Wikipedia, the free encyclopedia
		Appeal to motive is a pattern of argument which consists in challenging a thesis by calling into question the motives of its proposer.
		A common occurrence in appeals to motive is that only the possibility of a motive (however small) is shown, without showing the motive actually existed or, if the motive did exist, that the motive played a role in forming the argument and its conclusion.
		Indeed, it is often assumed that the mere possibility of motive is evidence enough.
	en.wikipedia.org /wiki/Appeal_to_motive (371 words)

	Brainstorms: Does intelligence imply “motive”?
		Specifically, finding motive helps us skip the nearly impossible step of considering all law- and chance-based processes, by finding a single feature (motive) that correlates highly enough with intelligent action that the chance that the event is not intelliently caused can be safely neglected (in the absence of some other strong indication against intelligent cause).
		The clear “motive” in such a pattern is the ability of a receiving end to recognize the communication.
		Motive may possibly be a factor that is an aspect of convincing the large majority of us that the “actual” cause is of a “design” class.
	www.iscid.org /boards/ubb-get_topic-f-6-t-000411.html (6704 words)

	Summary of Appeals Judgement for Milomir Stakic
		Where the challenge on appeal is to an inference drawn to establish a fact on which the conviction relies, the standard is only satisfied if the inference drawn was the only reasonable one that could be drawn from the evidence presented.
		Further, although displacement for humanitarian reasons is justifiable in certain situations, the Appeals Chamber agrees with the Prosecution that it is not justifiable where the humanitarian crisis that caused the displacement is itself the result of the accused’s own unlawful activity.
		The Appeals Chamber considers it unfair to consider for aggravation purposes, findings concerning events that are temporally outside the scope of the Indictment, without providing a reasoned opinion as to why doing so would be appropriate in the circumstances of the case.
	www.un.org /icty/stakic/appeal/judgement/sta-summ060322e.htm (5320 words)

	CQM Journal On-Line- Human Motivation and Organizational Mobilization
		Motivation can be — indeed, probably must be — considered in the application of the five infrastructures I have examined, but even the remaining processes are directed ultimately toward motivation.
		Motivation is a key competency in many ways, not least of which is the fact that motives tend to drive the development of other competencies.
		Appealing to these universal can potentially lead to a population of employees who are not only more productive but more excited about their work.
	cqmextra.cqm.org /cqmjournal.nsf/reprints/rp11300 (7464 words)

	Federal Criminal Appeal Blog - McNabb Associates, P.C.
		Federal criminal appellate attorneys will continue to argue on appeal that their client's sentences are unreasonable, disproportionate, and excessive or that proper sentencing findings were not made.
		In a ruling last week by the U.S. Court of Appeals for the D.C. Circuit, a federal appeals court overturned a prison sentence of more than four years for money-laundering given to a local investment consultant, Kenneth C. Baker, and granted Mr.
		An appeals court ruled Friday that a state worker did not commit a crime by favoring a company with political ties to Gov. Jim Doyle for a travel contract.
	www.federalcriminalappealblog.com (2651 words)

	Indian Art -4
		The spirit and motive of Indian painting are in their centre of conception and shaping force of sight identical with the inspiring vision of Indian sculpture.
		His imagination is a servant or interpreter of her imaginations, he finds in the observation of her universal law of beauty his secret of unity and harmony and his subjectivity tries to discover itself in hers by a close dwelling on the objective shapes she has given to her creative spirit.
		The charm that he gives is a sublimation of the beauty that appeals to the outward senses by the power of the idea and the imagination working on the outward sense appeal and other beauty is only brought in by association into that frame.
	www.searchforlight.org /Srijan/srijanVol1/IndianArt-4.htm (2523 words)

	Appeal To Fear (Site not responding. Last check: 2007-10-15)
		The appeal to fear is extremely common in Appeal to Fear (Scare Tactics) Description: The argument attempts to persuade by invoking feelings of insecurity and fear.
		Instead they are explaining to you the appeal to something: Appeal to tradition Appeal to probability Appeal to Appeal to novelty Appeal to flattery Appeal to fear Appeal to consequences Appeal to motive Appeal to pity The 'Appeal to Fear' fallacy gains compliance through threat.
		An appeal to fear (also called argumentum ad metam or argumentum in terrorem) is namely P. The appeal to fear fallacy is closely linked to the false Informal Fallacy of Appeal to Fear.
	www.freemobileimages.com /appeal-to-fear.htm (558 words)

	RTE News - DPP to appeal O'Donoghue's sentence
		RTÉ News has learned that the Director of Public Prosecutions is to appeal the four-year jail sentence imposed on Wayne O'Donoghue last month for the killing of his 11-year old neighbour Robert Holohan.
		Appeal papers have been lodged with the Court of Criminal Appeal.
		Majella Holohan wrote to the DPP requesting an appeal but sources close to the case felt that that was unlikely; and it appeared that that would be the case, with the time for lodging an appeal due to run out at the close of business this evening.
	www.rte.ie /news/2006/0220/odonoghuew.html (376 words)

	AFRO-AMERICAN ALMANAC - African-American History Resource
		It is enough that the possession and exercise of the elective franchise is in itself an appeal to the nobler elements of manhood, and imposes education as essential to the safety of society.
		To appreciate the full force of this argument, it must be observed, that disfranchisement in a republican government based upon the idea of human equality and universal suffrage, is a very different thing from disfranchisement in governments based upon the idea of the divine right of kings, or the entire subjugation of the masses.
		While nothing may be urged here as to the past services of the negro, it is quite within the line of this appeal to remind the nation of the possibility that a time may come when the services of the negro may be a second time required.
	www.toptags.com /aama/voices/commentary/appeal.htm (2737 words)

	Court of Appeal Anti-Trust Opinion
		APPEAL from a judgment of the Superior Court of
		The People contend the trial court erred in applying the exclusionary rule retroactively to redact evidence presented to the grand jury and there were no changed circumstances to support renewal of the section 995 motions.
		On appeal, the reviewing court reversed the dismissal of the first two indictments, finding the searches were legal.
	www.sangerswysen.com /court_of_appeal_anti-trust_opinion.htm (5416 words)

	tribuneindia... Punjab
		Regarding the motive behind the appeal, he said it had been done to halt the infighting in the Badal Dal at this crucial juncture.
		It was only an appeal and not a threat to the Jathedar, he said while referring to Bhai Ranjit Singh's statement that the appeal amounted to a threat to Akal Takht.
		The only role that Mr Badal played was that he was handed over the signed appeal letter with a request to forward it to Bhai Ranjit Singh, Mr Pannu said while referring to the letter being faxed to the Jathedar from the Chief Minister's residence at Chandigarh.
	www.tribuneindia.com /1999/99jan27/punjab.htm (513 words)

	Appeal (disambiguation) - Wikipedia, the free encyclopedia
		Appeal - in law an appeal is a challenge of a judicial judgement to a higher authority, usually called an appellate court.
		The Mariam Appeal, a political campaign established in 1998.
		Appeal (cricket), a request to an umpire for a ruling on whether a cricket batsman is out.
	en.wikipedia.org /wiki/Appeal_(disambiguation) (191 words)

	20th WCP: A Speaker-Meaning Theory of Moral Responsibility (Site not responding. Last check: 2007-10-15)
		Consequently, if the moral criticizability of motive as expressed in PB is to be understood by appeal to semantic theory, it appears as if it must be by way of either the stage Moral Address or Moral Account.
		Consequently, in order for an agent to have a particular motive which is subject to moral evaluation at all, the agent must posses a mastery of the conventional interpretations of the action-types expressive of a moral community's understanding of the prohibitions or expectations of morality.
		Condition 2 requires that the moral criticizability of motive is fixed by the conditions of morality and not by what members of a community take to be the conditions of morality.
	www.bu.edu /wcp/Papers/Acti/ActiMcKe.htm (3315 words)

	Martin Tug & Barge, Inc. v. Mudgett
		Unless the wrongfulness inquiry is limited to those motives or species of malice already proscribed by established legal principles--racial discrimination, for example--parties would be without clear guidelines as to whether any particular manifestation of ill-will would suffice.
		In the many instances where unlawful motive is the basis for sanctioning behavior, however, the forbidden motive is generally a specific one, proscribed by a particular statute, regulation, or constitutional provision, not one derived from general judicial perceptions of public policy.
		The Mudgetts appealed that judgment, arguing that the district court erroneously rejected certain theories of liability and that the court' s calculation of the Mudgetts' damages was incorrect.
	www.law.com /regionals/ca/opinions/nov/9917154.shtml (3717 words)

	Justice Dept Appeal to the U.S. Foreign Intelligence Surveillance Court of Review
		There is no provision in FISA for a notice of appeal from the denial of an application; instead, "on motion of the United States, the record shall be transmitted, under seal, to" this Court.
		Prior to FISA, every court of appeals to consider the issue upheld unilateral Executive Branch surveillance where the government's "primary purpose" was to obtain foreign intelligence.
		The court of appeals did not decide whether "the test is one of purpose or primary purpose," because it concluded that both tests were satisfied.
	www.fas.org /irp/agency/doj/fisa/082102appeal.html (11722 words)

	Employment Law from LawMemo
		DC - Court rejected argument for single standard of liability in both "mixed motive" and "single motive" cases.
		The court rejected the employer's argument that Title VII set a single standard of liability for "mixed motive" and "single motive" cases.
		The court could not infer from the 1991 addition of section 2000e-2(m) the implicit repeal of section 2000e-2(a) as a standard for establishing liability in preference to the more straightforward inference that section 2000e-2(m) added an additional way of establishing liability.
	www.lawmemo.com (1036 words)

	AGO_1953-55_No_300 (Site not responding. Last check: 2007-10-15)
		The acts alleged, induced by the motive charged might infer the commission of a crime, or the attempt to commit one.
		The next statement of concern is the third paragraph which criticizes the exploitation of animated cartoons in an effort to increase youth appeal.
		The motive of the advertiser is again a factual matter.
	www.atg.wa.gov /opinions/1953-55/opinion_1953-55_300.html (1450 words)

	The Athens NEWS: Twice weekly alternative
		While the city had an automatic right of appeal to the circuit court, he noted, there is no guarantee that the Supreme Court or the circuit court will accept another appeal.
		Fred Gittes of Columbus, the attorney for the Warrens, has argued that the city was foolish to contest a solid decision from the district court, and thereby increase the amount of legal fees it would have to pay in the end.
		Hunter added that the main motive for the appeal wasn't financial, but a concern over what a decision against the city would mean in terms of precedent for Athens and other Ohio cities, on the issue of controlling city rights-of-way.
	www.athensnews.com /issue/article.php3?story_id=20978 (1030 words)

	Here are my reasons for supporting jail appeal (Site not responding. Last check: 2007-10-15)
		In a recent article in Cabarrus Neighbors ('Jail appeal may mean negotiations,' Nov. 30) in reference to the appeal by downtown residents to stop construction of a six-story jail cell tower, (Cabarrus County) commissioner (Joni) Juba wondered '...
		what the true motive for this appeal is. There is a lot more at stake here than just proving a point.'As a resident of the neighborhood...
		Choosing to put a jail-cell tower on the edge of a downtown residential area is ludicrous, and that is my motive for supporting the appeal.
	www.topix.net /content/kri/2038962494147230052128641248611779533155 (871 words)

	Star Wars vs Star Trek Hatemail: Robert Scott Anderson, aka Guardian2000, aka Darkstar
		To make a long story short, his standard of evidence for himself (where a picture with myriad possible interpretations is absolute proof of his particular interpretation) is totally different than his standard of evidence for others (where all of a sudden, those myriad possible alternate interpretations are recognized).
		It's a common political tactic: simply show why your opponent would want to make a certain argument, and dismiss it on that basis (note that "Appeal to Motive" is the name of a formal logic fallacy).
		If someone presents evidence or an argument which you can't handle, respond by attacking his motives for presenting it and accusing him of dishonesty for presenting an argument or evidence which is designed to help his cause (as silly as this sounds, it actually sounds quite convincing to uneducated viewers).
	www.stardestroyer.net /Empire/HateMail/RSA/RSAGeneral.html (1397 words)

	Nevada Appeal - Opinion
		Insiders are sometimes too close to the intrigue and tend to form biases that exclude alternatives that should be considered.
		In June of 2004, I wrote a commentary for the Nevada Appeal postulating that we invaded Afghanistan and Iraq not to foster freedom and democracy, overthrow a brutal dictator or find weapons of mass destruction, but to complete a geographical circle that surrounds and contains Iran.
		Just another justification and motive to foment terror and instability in whatever realm occupied or influenced by Israel and United States.
	www.nevadaappeal.com /article/20060723/OPINION/107230096 (859 words)

	Appeal :: The International Alternative Court
		On belief, or on commercial motive, or on own spirit, or on political ambitions acts a category of people which causes irreparable damage to Man’s and peoples cultural heritage.
		FACING THE FACT that artists, writers, poets, composers, pedagogs, educators, scientists, informal organisations, cultural and educational associations and all creative forces have become hostages of political parties in whose hands juridical, economic and law-enforcing rights are concentrated, decision has been taken to establish International Alternative Court.
		We appeal to realize it and to place a barrier to infliction of damage to the moral and cultural inheritance of all times, countries and peoples.
	www.asud.us /en/documents/Appeal.shtml (1041 words)

	SF Signal: REVIEW: Between Worlds edited by Robert Silverberg
		(Not that the protagonist Adel wasn't off-putting with his good/evil conscience-like implants.) I wish that appealing undertone of insanity was more prominent but there was some small foray into the land of character growth when the narrative spent some time showing how Adel lost his virginity.
		The characters motives are back stories mostly driven by various religious beliefs, which play a prominent part in the Continuum universe.
		Stir in a young, bright-eyed hopeful who believes he can make a difference and focuses on their motive.
	www.sfsignal.com /archives/004061.html (1750 words)

	Motive of Appeal
		More importantly, again, what is my heart motive to appeal decisions?.
		At the end of the day, your appeal still may not be heard.
		You can either choose to accept that, continue to respect the authority, go on with the vision, or feel hurt, resentful and cast a negative influence amongst organisational peers.
	www.1stnetwork.org.nz /devot2.html (382 words)

	Creationism versus Scientific Evolution Theory: Debating - How to Debate a Creationist
		The argument fails in both cases, but logic deals only with the connection between A and B. There are a vast number of arguments in common use which are logical fallacies, such as the Slippery Slope and the Appeal to Motive, and it is important that you know how to identify them.
		The "Appeal to Motive" Fallacy: this is where you attack the authors of an idea on a personal level by questioning the "hidden motives" behind their arguments, rather than addressing their arguments directly.
		Naturally, the most common religious implementation of this fallacy is to say that scientists have some evil hidden motive for supporting evolution theory.
	www.creationtheory.org /Database/DebatingTips.shtml (1849 words)

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