...When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained illegally or without a proper search warrant from a judge. The principle for this rule legally holds true under constitutional law in which...
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...This essay discuss the Privacy Act of 1974, the Information Privacy Law, Electronic Communications Privacy Act, and other laws and provisions designed to protect an individual’s privacy. In this essay I will also discuss the importance on trust and integrity in the work environment. As communication technology expands, and the possibility of accessing that technology has grow increasingly less challenging to gain, it has become more difficult to protect personal information and the use of an individual’s personal information. Whether this information is used for business, consensus, personal, educational, or even fraudulent reasons, the Individual’s right to control his or her personal information held by others has grown into an enormous concern for most people over the age of eighteen. Additionally, considering the average age for acceptance to most internet social forums and email accounts is thirteen years old, the concern for personal information security can begin even before puberty. In this essay I will also discuss how Legislation and Law makers are have and are continuing to attempt to protect information privacy as new technologies and new institutional procedures arise. This essay will talk about but not go into great detail about how the information privacy is covered in the American Constitution, the provisions for this law, and the conditions of disclosure for this law. Because the Privacy act of 1974 does not cover in great depth email and communications traffic...
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...The same month, Freddie Gray died while in police custody in Baltimore, setting off widespread unrest. The policeman in the South Carolina case, Michael T. Slager, was charged with murder based on a cellphone video. In Baltimore, the driver of the police van in which Gray died, Caesar Goodson, was charged with second-degree murder, with lesser charges for five other officers. There have been no indictments in the earlier cases. These follow other recent incidents and controversies, including an April 2014 finding by the U.S. Department of Justice (DOJ), following a two-year investigation, that the Albuquerque, N.M., police department “engages in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment,” and a similar DOJ finding in December 2014 with regard to the Cleveland police department. In March 2015, the DOJ also issued a report detailing a pattern of “clear racial disparities” and “discriminatory intent” on the part of the Ferguson, Mo., police department. As the Washington Post reported in July 2015, a...
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...of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the...
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...given inappropriately. This can result in hurting the feelings of group members leaving them feeling devalued. When this happens, we as a team believe the first thing that must be done is to be honest and let the group know how you feel. So we must acknowledge the conflict. The next appropriate step would be to discuss the conflict with all of the team members. After this, we should try and understand the situation and reach an agreement. One of the agreements could be that criticism be given appropriately and constructively. 2. Time management With work, kids, and living in different time zones it can be a challenge to find the time that works best for the three of us to discuss the details, questions, and/or concerns about our essay together. Our solution to this is to set up exact times and day, sort of like an online appointment, for when the three of us can be available via Facebook group message. 3. Personality clashes We all have our own way of doing things. Our styles of working might be different and sometimes this can cause a conflict with each other because of the incompatibility in our personalities. Our solution to this is to remember that we are adults, we were put together to work on this assignment as a group and our grade depends on it. So let’s accept the fact that everyone has different perspectives and respect each other’s opinions and differences. We can focus on giving positive feedback and criticism and not let our attitude...
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...Running Head: Midterm Essay 1 Midterm Essay Armando 1 Running Head: Midterm Essay 2 Briefly identify and explain the key differences and similarities regarding the UCR, NIBRS, and NCVS programs. The Uniformed Crime Reporting (UCR) Program displays crime data for the United States, as well as for states, cities, counties and colleges. This allows for a comparison among neighboring jurisdictions and among those with similar populations and other common characteristics. The National Crime Victimization Survey (NCVS) collects information on the frequency and of crimes such as rape, sexual assault, aggravated and simple assault, household burglary, theft, and motor vehicle theft. Both systems report different types of information and different details. The UCR program displays statistics for law enforcement administration, operation, and management. The UCR program utilizes what is called the hierarchy rule. If more than one crime was committed by the same person and the time separating the crimes was minor, then the crime highest in the hierarchy is the only crime reported. This seems like a very inaccurate method of recording data, one would assume that all records of offenses were taken into consideration for reporting purposes. The NCVS program collects information on crimes by individuals and households while also providing information on victims such as age, sex, race, marital status. The difference in the two programs is that each serves a...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...questions 1-35 All of the following are considered exceptions to the general rule that there is no duty to rescue except: Answer Contract – lifeguards, for example, have signed contracts agreeing to rescue people in exchange for pay and benefits. Witnessing an accident – this creates a duty to step in and help the injured Child abuse- statutes in nearly all states require that one report suspected child abuse. Endangerment – if one puts another in danger, then he/she is obligated to rescue that person. 5 points • Question 1 of 35 According to Citizens United v. Federal Election Commission, which of the following is not a reason to allow corporations the right to spend money and advertise for political candidates? Answer Political speech is the most important, and most protected, speech that exists. It is crucial to the democratic process that political speech be encouraged and heard. The immense wealth of a corporation allows it to be the most accurate in providing messages to people. Presidents and members of Congress often consult with corporate leaders on a number of issues, suppressing all corporate political speech would eliminate the ability for non-profits and smaller corporations to oppose or reject publicly the position of those larger corporations being consulted. Restrictions do not protect minority or dissenting shareholders because they can address disagreement through the corporate democratic process...
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...In American History, whistle blowers have played a significant role in releasing information the government holds from the public eye but many are not sure whether to call this activity an act of kindness or an act of selfishness. Whistleblowers throughout the years, from the Rosenberg's to Julian Assange have revealed confidential information about the governent to give America some type of justice but instead for most of them this didn't turn out to be the case. It is debated whether some whistleblowers should be classified as heros or villans and if whistleblowing acts should be considered helpful or harmful. The whistleblower I will be talking about in this essay is Edward Snowden and how he released information about the NSA's spying program. In my opinion I believe Edward Snowden did way more harm than good to America by releasing secure information held by the NSA. A whistleblower is a person who exposes wrongful information that goes on in a organization. Mainly, whistleblowers reach out to parties that can publicize this new found information. These parties include the media, hotlines, members of politics, managers of organizations, other rival businesses and other sources. In most cases the information revealed by the whistleblower goes against a law and harms the public in one way or another. Edward Snowden is a former CIA technical assistant who has claimed responsibility for leaking headline-making information about the National Security Agency's (NSA) surveillance...
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...Louis D. Brandeis was a United State Supreme Court Justice that fought against monopolies and big business and was a tireless advocate for free speech. Brandeis was best known for publishing his famous article in the Harvard Law Journal, for publishing his book about the banking industry, for upholding laws that protect the publics’ privacy and the freedom of expression and as the first Jewish Supreme Court Justice. Louis Brandeis was born in Kentucky on November 13, 1856 to Adolph Brandeis and Frederika Dembitz. His parents were Bohemian Jews that had a strong belief in culture and encouraged Brandeis’ education. Consequently, Brandeis graduated high school at the young age of 14. He first attended college in Kentucky but later transferred to Germany when his father had to relocate. He went on to study at Harvard Law School and graduated in 1875 as valedictorian at the age of 20. Brandeis started practicing law in St. Louis, Missouri and after a short time, he moved back to Boston to start a law firm with former Harvard classmate, Samuel Warren. The firm of “Warren and Brandeis” spent much of their time arguing against monopolies and large corporations and advocating for free speech. Together Brandeis and Warren published a famous article in The Harvard Law Review, “The Right to Privacy.” This article argued that private citizens should have the right to be left alone and the press should not be permitted to publish their photos or the details of their lives without...
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...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...
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...Is the Use of the Habeas Corpus Helping or Hurting the War on Terror Brandy Hudson POL201: American National Government Instructor: Spencer Walsh 08/04/2014 Habeas Corpus originated in English common law as a means to protect individuals from illegal detention. Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore...
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...Literature…………………………………………………………………….15 SECTION 1: GENDER EQUALITY AND WOMEN EMPOWERMENT 1.1. Introduction …………………………………………………………………….17 1.2. Definition of Gender Equality and Women Empowerment…………………….17 1.3. Current state of Gender Equality and Women Empowerment in Pakistan……..18 1.4. Biswas’s Indicator of Women Empowerment ………………………………….19 1.5. Violence against Women………………………………………………………..19 1.6. Women Empowerment in Legislation and Judiciary…………………………...20 1.7. The Role of Rural Support Programme Network……………………………….21 1.8. Universal Standard Of Gender Equality And Women Empowerment………….24 1.9. Constitutional safeguard to women is provided in the Constitution of Pakistan..25 SECTION 2: LEGAL FRAMEWORK 2.1. Criminal Law Amendment Act-I of 2005 ……………………………………...26 2.2. Criminal Law Amendment (Protection of Women) Act 2006 …………………27 2.3. Criminal...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Chapter 2: Equal Opportunity and the Law Multiple Choice 1. The _____ Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (b; moderate; p. 30) 2. The _____ Amendment outlawed slavery, and courts have held that it bars racial discrimination. a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (d; moderate; p. 30) 3. In what year was the 13th Amendment to the U.S. Constitution ratified? a. 1776 b. 1791 c. 1808 d. 1865 e. 1868 (d; difficult; p. 30) 4. The _____ Amendment makes it illegal for any state to “make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 5. Which amendment is generally viewed as barring discrimination based on sex, national origin, or race? a. First b. Fifth c. Tenth d. Thirteenth e. Fourteenth (e; moderate; p. 30) 6. The _____ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. a. Fifth Amendment b. Civil Rights Act of 1866 c. Title VII of the 1964 Civil...
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