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BEING THE JUDGE: WEIGHING EVIDENCE

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The case involves Ms. Cluster and her neighbors who live in the next to her. Ms. Cluster secretly takes the photo of her friends without permission using the wrist watch camera. In the pictures, they show the neighbor relaxing and reveal a pet that is playing. She goes ahead to use the photos in her book known as the ‘My Neighbor'. On seeing this, Ms. Cluster’s neighbor sues her to the court of law for invading her private life without permission. She claims that the aim of Ms. Cluster was to invade her secret life by the photo exhibition in her book ‘My Neighbor'. Ms. Cluster claims that the photos had no justified expectation of privacy under any circumstances. She claims that the photograph did not show any intimate moments in the lives of the resident. With the case presented the judge gives the jurisdiction of the case. The modern technology has come with a lot of inventions. The wrist watch camera or the spy cameras are one of the most improved and current technology. The wrist watch camera is a fashionable watch and a surveillance device with durable materials. Its stylish design enables it to be worn in any situation. They are undetectable mini pinhole cameras that allow the device to shoot videos and cameras. The surveillance wrist watch camera is mostly used in crime investigation and business negotiation. In our case, Ms. Cluster used the device to her neighbor and captured some photos privately. The camera allows one to explore someone without their conscious or noticing. They also give room to exploit someone's private life. It is not easy to notice someone is capturing your movements. The device maintains high secrecy in its investigation (Edward Thompson, 1985). According to this case, Ms. Cluster’s neighbors hold a claim against her neighbor. She claims on the secret photograph taking, privacy life interference, neighborhood interference and use of the private device for investigating her. According to the law, one is only allowed to use wrist watch cameras under certain circumstances. The device are used if investigating a court case or business issues. However, this is not the case with Ms. Cluster because her reasons for using the device were not justified. She did not have any filed case against her neighbor or any business matters she was investigating. Although she claims that she had not captured her intimate moments, the court finds it liable to file a case for Ms. Cluster for violating the right to privacy of her neighbor (McKinney, W, 1996). According to the law, it is unethical for an individual to interrupt to one's private life unless they are investigating a case. Private exploring is acceptable whereby one have a filed crime against someone. In this instance Ms. Cluster took photographs without consent from her neighbor, and she had no filed case against her neighbors and therefore, she had not right to invade her life and capture private pictures without her consent. According to the law, she is liable to punishment for invading her neighbor's life and captures photo that she afterward put in her book. As a judge, Ms. Cluster's neighbor had the right to claim that her neighbor had interfered with her life (Edward Thompson, 1985). The issue of taking private photographs has become very frequent in the public places, in homes, schools and even in transportation. Many people are accused of taking pictures to people without consent. Due to the alarming cases of secret photos, police are ordering people to stop taking these photos. Those who fall victims the law is on them. In this case, Ms. Cluster is accused of taking photographs of her neighbors without her consent. This is seen as an offense before the law. She was not supposed to take those photographs without the permission of her neighbor. Rather than taking the photos, she goes ahead and displays the photos to a public book. Ms. Cluster's neighbor had supporting evidence of the photographs that were taken because they had been revealed in the book ‘My Neighbor' as a judge the claims of the neighbor are clear because she had supporting evident. Again, Ms. Cluster did not explain why she had to take those photographs and display them. She did not have a supportive argument as to why she took the pictures therefore she was liable to the accusations (McKinney, W, 1996). Although the technology is advanced, and there are wrist watch cameras, as a journalist it is unethical to take photographs that are not necessary. The case with Ms. Cluster she misused her power as a reporter whereby they are entitled to pictures which are relevant. By taking her neighbor picture and also their pet, it was not acceptable because this was not related to the public. If anything is to be displayed to the public, according to the law, one must have consent and permission. Ms. Cluster did not bother to get permission from her neighbor but take the authority to take the photographs (McKinney, W, 1996). According to the neighborhood rules and law, it is prohibited to interfere with one's neighbor activities. This is a violation of their private rights. No one should come in and interfere with the neighbor life especially in those apartments where people are many. Ms. Cluster went ahead and interfered with her neighbor's life and revealed some of her private life which she did not think it was wrong. This brings problem and issues between the neighbors. They will start quarrying and argument and blaming each other. Therefore, it is advisable that people should live their lives especially those living in apartments. In this case, this was the beginning of problems and issues between Ms. Cluster and her neighbor and that's why she accuses her. As a judge, the journalist owed apologies to her neighbor for interfering with her life as a friend (Edward Thompson, 1985). Based on this case, as a judge my ruling would be based on the two complainants. First, the journalist claims were not supportive as to why she took the private photographs from her neighbor without the consent. Although she claims that she had not shown any of her intimate moment, it was not enough to let her go. She had to face penalties on the allegations against her. She is supposed to pay fines for interfering with her neighbor's life, taking her photographs, using the wristwatch on the job. Although there is room for her to defend herself from the allegations. On the side of her neighbor who have sued Ms. Cluster for invading her private life and taking the photograph. This shows Ms. Cluster had violated her individual right and disrespectful to her. The neighbor had a genuine claim because she had evident in the photographs exhibited in Ms. Clusters book ‘My Neighbor'. Her neighbor was bound to complain because she did not the intention Ms. Cluster had when taking pictures. Also, she had fear because she did not know how many times her neighbor have interfered with her life without her consent. My ruling is based on each complaint claim and the evidence each person has. Therefore, each one of them should get fair ruling and reasonable fines according to the claims against them (Edward Thompson, 1985).

REFERENCES

1. Edward Thompson. (1985). Contracts: Reprinted from ruling case law, VOL6 for law school purposes only. Northport.
2. McKinney, W. (1996). Ruling case law. Northport: Edward Thompson.

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