Sunday, January 26, 2020
Geoffrey Chaucers The Canterbury Tales Theology Religion Essay
Geoffrey Chaucers The Canterbury Tales Theology Religion Essay Avarice is defined as an extreme desire for personal material gain or wealth. It is also considered to be a deadly sin among others like gluttony and wrath. One of the main themes in The Canterbury Tales is that greed is the root of all evil. The message about avarice is clearly ironic, however, because each of the pilgrims on his and her way to Canterbury displays a greedy and self-centered quality. For example, the Pardoner sells sinners religious relics, to which he admits in his tale are not even real. He pockets the money in order to live lavishly instead of putting it towards improving the church. The Monk disregards his monastic order to never kill a creature, and instead engages in hunting for entertainment. The Summoner uses his position as a method of taking advantage of young women. The Summoners immoral choices are especially ironic because it is his job to punish those who violate the law of the church or act immorally. Nearly every pilgrim, with the exception of the Par son, demonstrates a sort of sneaky method to manipulate their surroundings into a way to experience personal gain. It becomes obvious that the entire message about greed in The Canterbury Tales is ironic. Ultimately, greed in the clergy is a main factor that contributes to the loss of followers for the church in the Middle Ages. They were no longer setting positive examples that others wanted to live by. With a morally weak and undependable clergy came a corrupt and undependable church. The Pardoners Tale is a specific part of The Canterbury Tales where Chaucer puts the most amount of irony and satirical content. The Pardoner starts his tale by talking about the disastrous effects of possessing drunkenness, swearing, gambling, and being greedy. He says that The Bibles words you cannot well deny: drinking by magistrates is called a vice.. and now that I have told of gluttony, Ill take up gambling, showing you thereby (Chaucer 125-128). At first, he seems like an honest man who is without corruption. However, he then tells the others that relics are fake and that they are simply used for him to gain money. He admits that instead of returning a sinner with salvation, that the money is kept to himself no matter how poor the sinner is. The Pardoner tells the entire tale while drinking alcohol and relaxing while the others gave him their attention. Halfway through his narrative yells N for the love of Crist, that for us dyde..sires, now wol I telle forth my tale (Chaucer 196-198). Immediately after shunning those who swear and drink, the Pardoner uses Gods name in vain before continuing his story and is brutally blunt, perhaps because he is drunk. Instantly, he shows himself to be a hypocrite and a nonbeliever in the very message that he preaches. He goes on to tell a tale about three young men who set out to kill Death for taking so many peoples lives when they discover a ton of gold at the roots of a tree. They forget about their incentive and they all become too individually greedy to want to share the gold they find. Two of the men kill the third and then are poisoned by the first man by drinking tainted wine. None of them get the chance to enjoy the gold. At the end, and one of the most shocking parts of the tale, the Pardoner preaches to the people like he would in a regular town or a village. He asks if any of the pilgrims want to buy a relic or indulgence, as if theyve forgotten that he openly admitted the falseness of his offerings. Those l ike the Pardoner are the typical hypocrites that were found in the Middle Ages. He is one that preachers to others about how to live a life free of sin, yet exemplifies everything that is immoral to him. His words can not be taken seriously by others because he does not take them seriously himself. Those like the Pardoner are believed to be a major reason in the decline of the Catholic Church. Decameron focuses more on relationships between men and women in order to show a decline in morals similar to those portrayed in Jeoffrey Chaucers work. It takes place around the time that the bubonic plague struck Europe and began to kill nearly a third of its entire population. The Black Death marks a time where even the most religious people questioned God for letting so many innocent people be swept up by disease. The European people were already discouraged and there was no longer a strong religion to turn to. The tales are about a group of people who join to escape the plague. They go on to tell tales every night like the pilgrims in The Canterbury Tales. The stories begin with open topics but go on to center the truth of the changing church. Decameron is another work that shows the nature of church officials by exploring their personal desires, such as lust and greed, despite the Bibles words. Another serious sin spoken of in the Bible is lust. Lust is described as a desire for pleasure for the body or physical company. In Corinthians 6:18 of the Bible, it is explained that sexual immorality is a sin against ones own body because longing for physical pleasure is wrong internally. In Europe, the Catholic Church enforced a doctrine that states that sex should be saved for marriage, and that even then, it is only to procreate. On the third day of the journey of those in Decameron, a story about lustful nuns is told explicitly by Filostrato. The tale is about a man who pretends to be mute and deaf and gets a gardening job at a covent for nuns. One day when he is laying, two of the nuns explore their lust. A quick dialogue between the two says what is t thou sayst? Knowest thou not that we have vowed our virginity to God? Oh, rejoined the first, think but how many vows are made to Him all day long, and never a one performed: and so, for our vow, let Him find another or others t o perform it' (Boccaccio 26-27). They both decide to lay with the man. The nonchalant manor in which the second nun says that tons of people make vows and that none are performed shows that even she had lost faith in God. In time, every single nun in the covent and their Abbess have made love to the man solely for pleasure. The tale goes to show that even the purest of women who devote themselves to God become suspects of lust and disregard their promises to Him. The tale focuses on young women longing for lust and not only men. Tales like Filostratos in Decameron are those that cause the book to become a forbidden read in parts of Europe during the Middle Ages. Those who read Decameron were engaging in pornography and could therefore be excommunicated by the church. Whether its tales were true or not, the church was certainly trying to hold onto its followers and mask any evidence of its impurities. The loss of morals and virtue of the Roman Catholic Church is ultimately what discouraged many people from joining. People viewed it as a greedy and corrupt organization that only wanted to take money by selling indulgences and stealing from its followers. Stories like Decameron by Giovanni Boccaccio and The Canterbury Tales are a few of many novels published that capture the essence of the changing church by means of exposing its unjust leaders. A era then began where tons of Europeans still wanted to follow their religion but the Catholic Church became too dishonest to be seen as a holy center. The decline in churchgoers during the end of the Middle Ages leads to a time of new ideas presented to Europe by Martin Luther. While the end of the Middle Ages changed the general attitude to distrust the church, its consequences can be seen as positive as it leads to monumental changes in years to come.
Friday, January 17, 2020
Human Resources Information Essay
Introduction This report on data management; has been compiled to explain to you the reasons why HR data is important to an organisation, the types of data that should be recorded, the methods for collecting HR data and some of the UK legislation surrounding the recording, storing and accessibility of HR Data. Types of Data That Should Be Recorded and the Reasons Why ââ¬Å"HR records include a wide range of data relating to individuals working in an organisation, for example, pay or absence levels, hours worked and trade union agreements. This information may be stored in a variety of media, such as computer databases or paper files.â⬠(http://www.cipd.co.uk/hr-resources/factsheets/retention-hr-records.aspx#link_0, accessed 3/3/2015) There are some statutory records that need to be recorded and stored; these statutory records must be kept because the law requires them. Statutory records will include things like the job title, address and emergency contact. Records such as pay and working hours willà be stored to help management adhere to the Working Time Directive and the Minimum Wage Act 1998. Non-statutory records are kept for the internal purposes of the organisation. These records such as attendance, punctuality, skills, strengths and weaknesses can all be used to recognise trends within the company and aggregate management or big data so that managers can act on any trends that may need sorting. For example at P.P. Plasma Ltd there is only one person in the sales department who is trained to read and understand technical drawings. This person is currently in line for a promotion within the group of companies and will no longer be part of the sales team in the next eighteen months. After aggregating the records it has been identified that the manager of the drawing office has the skills to teach the other sales team members enough to fill this skills gap. Other reasons for storing records could be to review capability issues; induction records, training records and health and safety documentation should all allow the organisation to challenge staff on the reasons that they are not following procedures when they have had training and have signed to show understanding. These will also show any other training that may be necessary. As evidence in case of any tribunal or discrimination challenges; recruitment and selection data and termination of employment data will show the organisation has been fair and unbiased in its selection process or how they have dealt with a termination without discrimination. Methods of Storing HR Data Paper Method The paper method of storing records has many more disadvantages than advantages; but for small organisations would still be a viable solution to storing HR records. ââ¬Å"Data relating to employees is of a highly contentious and potentially litigious nature and has to be managed in accordance with compliance regulations. To do this manually is a daunting task and often liable to malpractice.â⬠(http://www.ipcgroup.co.uk, accessed 7/3/2015) There are time limits on the information that can be kept and if you are storing this information manually then this also means that you must remove or redact information every so often. This means that data could be stored for too long. Aggregating all of the data collected into big data can also be a challenge; most of this data will need to be entered into spreadsheetsà manually in order to create the management data needed. Other issues with paper records are the cost of floor space needed to store the information, the difficulty of backing up such a system; this would require the same amount of floor space on an alternate site and the security of the records; some filing cabinets may be locked with a key but if somebody were to forget to lock the cabinet then these files are open to anybody with access to the room. Digital Method The digital method could be a cheaper, much more secure, simple and timesaving solution to all organisations but especially the larger ones. ââ¬Å"Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to ââ¬Å"paperlessâ⬠HR. These days, most records are created and maintained electronically, and some never even make their way to paper.â⬠(http://www.businessmanagementdaily.com, accessed 7/3/2015) Security on a digital system whether it be local or cloud based would be much easier to manage, an electronic record of anybody that as accessed data can be kept automatically and permissions can be set to allow some people to see records that others do not have permission to see; for example at P.P. Plasma Ltd the Managing Director will have access to the HR of everybody in the organisation whereas a departmental manager will only have access to the records on their own staff. Space is only an issue of how much cloud space you can afford or how big a hard drive you can have in your server if you are doing it locally. When using a cloud based service you need to ensure that the cloud service that you are using has a backup system in case of a failure or natural disaster and what the time constraints on these being implemented if needed. Whereas if you are using a local system you will need to speak with your IT department and ensure that the system is backed and removed from the site, this solution will also need a time constraint on how long the system will need to be put back into place. Other reasons to use a digital HR system would be that the data could be aggregated into management and big data easily, whether the HR system has this built in or the data needs to be copied into a spreadsheet or database in order to create graphs, charts , tables and reports. Searching digital records could be done with a few clicks of the mouse and as long as the permissions are set up correctly this could also tell you who you need toà speak to in order to gain access to the information that you are searching for. UK Legislation regarding HR Data There are many pieces of legislation surrounding the recording, accessing and storing of HR data but the two that I am going to explain are the Date Protection Act 1998 and the Freedom of Information Act 2000. The Data Protection Act 1998 controls how your personal information is used by organisations, businesses or the government. Anybody responsible for storing and accessing HR data has to follow the data protection principles. They must make sure the information is: used fairly and lawfully used for limited or specifically stated purposes used in a way that is adequate, relevant and not excessive accurate kept for no longer than is absolutely necessary handled according to peopleââ¬â¢s data protection rights kept safe and secure not transferred outside the UK without adequate protection Anybody who feels that there data has not been used in accordance to these principles can make a complaint to the organisation themselves and if they are still unhappy with the response can contact the Information Commissionerââ¬â¢s Office. The Freedom of Information Act 2000 gives the general public right of access to all types of recorded information held by public authorities and those providing services for them. It also sets out exemptions from that right and places a number of obligations on public authorities. Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. In order to adhere to the Freedom of Information Act; any person making a request to a public authority for information will be entitled to be informed whether that information is held. The Freedom of Information Act does not give people access to their own personal data such as their health records or credit reference file. If a member of the public wants to see information that a public authority holds about them, they should make a subject access request under the Data Protection Act 1998
Thursday, January 9, 2020
Analysis Of `` Fences `` A Generational Story About Troy...
Near the turn of the century, as decades passed by in a prejudiced America, where to be black was to lose all dignity, an emerging provocative spirit of liberation eventually catalyzed a period of great change: a period of enlightenment known as the 1960s. Slowly but surely, black pride began to restore as differences in morals between successive generations caused societal changes. Capturing the essence of black struggles prior to -and during- this dynamic period of change, August Wilson wrote the play Fences, a generational story about Troy Maxson, the son of a black sharecropper father. Highlighted by the playââ¬â¢s title, a particularly important motif of Wilsonââ¬â¢s work is the concept of ââ¬Å"fencesâ⬠regarding how they both ââ¬Å"trap things inâ⬠â⬠¦show more contentâ⬠¦On pg. 28, after Gabrielââ¬â¢s sudden appearance, Troy argues to Rose, ââ¬Å"If my brother didnââ¬â¢t have that metal plate in his head â⬠¦ I wouldn t have a pot to piss in or a window to throw it out of.â⬠Essentially, he would not have had his land if Gabriel had not been injured. Furthermore, his negative tone, shown through his aggressive word choice throughout his dialogue with Rose, implies agitation and suggests some degree of guilt. After all, Gabrielââ¬â¢s compensatory grant was originally intended to be used for his own well being -and not for the sake of Troyââ¬â¢s stability. While Rose treats Gabriel well with care and concern, shown by her offering to feed him (on pg. 26) and pointing out that ââ¬Å"he ainââ¬â¢t eating rightâ⬠(on pg. 27), Troyââ¬â¢s guilt leads him to further ignore and cheat Gabriel out of what is rightfully his. On pg. 74 and 75, Rose forcefully confronts Troy for allowing Gabriel to get ââ¬Å"locked upâ⬠and ââ¬Å"signing him to the hospital for half his moneyâ⬠, and he responds by claiming that he had been unaware of the release formââ¬â¢s conditions. Intentional or not, this cle arly inconsiderate act supports Troyââ¬â¢s ââ¬Å"pushing awayâ⬠of Gabriel, showing his incapacity to face guilt and shines a selfish light on him. Finally, on pg. 28, although Troy intends to fix his fence at first, after Gabrielââ¬â¢s sudden intrusion, a mental shift clearly occurs in Troy, who immediately ditches his
Wednesday, January 1, 2020
Comparing The Political Theories Of Two Philosophers
Dominic Bressi Prof. Catherine Chaput CH 201 15 October 2014 When comparing the political theories of two renowned philosophers such as Plato and Aristotle, one must first focus on the merits of each of their own theories in depth. Plato is often considered as the first writer of political philosophy while Aristotle is considered the first political scientist. Though Aristotle was once a student of Plato, the two differ on the topic of how to best improve society for the benefit of mankind. Thus, both of their theories need to be investigated to establish the varying degrees of how the two philosophers differ. In his work, Apology of the Socrates, Plato explains that he was one of the young people that Socrates had been accused ofâ⬠¦show more contentâ⬠¦Plato believed that hedonism would lead to the downfall of any civilization. Contrary to these utopian views set upon by Plato, Aristotle focuses on how to work with the flaws in humanity in The Politics. He explains that the society needs to work on its own to form the best society it can while embracing the elements that Plato considers flawed in order to be truly successful. According to Aristotle, perfecting human society was not the goal that needed to be worked towards, rather improving the systems we already have in existence is the only way to create something close to a utilitarian civilization. Unlike Plato, who focused on inductive approaches to create a system that should be, Aristotle relied on deductive approaches to work towards what actually could be. Because there was no evidence that societies of the world were in need of the drastic reformation that Plato had suggested, Aristotle considered Utopia as an abstract solution to a problem that was less than concrete. Platoââ¬â¢s utopia is comprised of three different, non-hereditary class systems where the Guardians, who were supposed to be skilled in the matters of the government and were the absolute rulers who were charged with knowing what was best for their societies, were divided into ruling and non-ruling individuals; the non-rulers comprised of civil servants whereas the rulers were those who created policies. The auxiliary individuals in such a society were the minor civil servant and the army.
Tuesday, December 24, 2019
Nature or Nurture What Determines Our Behavior Essay
Throughout history, our societyââ¬â¢s socialization, or lifelong social experiences, has been debated upon quite vigorously. It is quite evident that we all obtain certain characteristics and abilities through heredity factors, but many still argue that this is not the only explanation for how our lives are determined. The argument of nature versus nurture is still being discussed by many, although both have been seen to have an impact on our life experiences. The role of nature, by name, basically states that all human behavior is simply just instinctive, as if we are all encoded to act and react a certain way to life experiences. As the book states, through this side of the debate, it is our ââ¬Å"natureâ⬠to do the things we do. This of courseâ⬠¦show more contentâ⬠¦Of course, to every argument there has to be two sides. Some scientists argue that the way we are and act is not necessarily all determined by our genes. Believers of this side think that our behavioral aspects are derived from the environment in which we are brought up in. In the theory of nurture, our behaviors are not instinctive, but are learned throughout our lives. For example, we all laugh and cry at different time and under different circumstances. As humans, we learn from our surroundings and are influenced by our peers and parents. Another example of the role of nurture explaining our behaviors is that fact that we learn our fears and phobias. The key difference is that nurture alters itself from the fact that our biological make up is the only explanation for our behavior. Scientists still agree that biology does play a part in human behavior, however. Nature and nurture do not oppose each other in every manner. Today, social scientists hesitate to choose one or the other. As humans, life depends solely on the operating of the body. This is seen especially in children. It is obvious that children share their biological traits, such as hair or eye color, with that of their parents. Heredity also plays a part in their intelligence, how artistic they are, and their overall personality. We all have ââ¬Å"potentialâ⬠inheritances, in which their full development depends on how we are all raised. Both sidesShow MoreRelatedNature vs Nurture: Do Genes Or Environment Matter More? Essay936 Words à |à 4 Pages What makes us who we are? Does the answer lie in our genes, our environment, or in the way we are raised? For years, there has been an on-going debate between nature and nurture. T.H. White, author of The Once and Future King, explores the debate t hrough many of the bookââ¬â¢s characters. The issue clearly appears in the relationship of Queen Morgause and her sons, the Orkney brothers. The debate caused people to pick a side, to pick nature over nurture, or nurture over nature. However, it does notRead MoreNature Or Nurture Influences Individual Violent Behavior1609 Words à |à 7 Pagesregarding whether nature or nurture influences individual violent behavior. People are concerned about what makes an individual to engage in violent behavior such murder or burglary among other types of crimes. They are also concerned about what makes people stop such behavior. However, there is no precise conception whether nature, nurture or both influence violence. Some people assume that, violent behavior results from individualââ¬â¢s life experiences or upbringing also known as nurture. Others feel thatRead MoreHuman Behavior: Nature vs. Nurture Essay1733 Words à |à 7 Pageshave argued the Nature versus Nurture debate for decade s. This debate is about the degree to which our environment and heredity, affects our behavior and developmental stages. According to this debate, nature can be described as, the behavior of a person is occurring because of their genetic makeup. Since the behavior of a person is due to their genetic makeup, then, it (nature) should also influence a personââ¬â¢s growth and development for the duration of their life. However, the nurture side of the debateRead MoreNature vs. Nurture: a Biblical Perspective1531 Words à |à 7 PagesRUNNING TITLE: Nature vs. Nurture Nature vs. Nurture: A Biblical Perspective Ouida Lynne Heath Psychology 101, Module 5 Professor Roberts December 17, 2009 Nature vs. Nurture: A Biblical Perspective The Nature versus Nurture debate has been ongoing for centuries. People have tried to gain power through knowledge in determining what causes the human ââ¬Å"mind to tick.â⬠For centuries leaders and scientists haveRead MoreNature vs. Nurture: A Biblical Perspective1182 Words à |à 5 PagesThe Nature versus Nurture debate has been ongoing for centuries. People have tried to gain power through knowledge in determining what causes the human ââ¬Å"mind to tick.â⬠For centuries leaders and scientists have performed unethical and immoral studies to determine why two people with similar genetic composition can come from similar backgrounds and turn out so differently. I have witnessed a person raised in a poor home by parents with drug addictions become a thriving contributable member of societyRead MoreThe Medical Field And The Science Field942 Words à |à 4 Pagesfigured that the brain controls all of our actions. As psychology starts to expand, every question that anyone ever comes up is almost always brought up to light, there are still many of the unknown that resides in this field, and many branches have branched off from the main field of psychology. Fields heavier on the biology side such as neuroscience and psychiatry focus on the brain chemistry and how offsets and imbalances of the chemical in our brains affect how our brain works. 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According to Saul McLeod in ââ¬Å"Nature versus Nurture in Psychology,â⬠nature is ââ¬Å"what we think of as pre-wiring and is influenced by genetic inheritance and other biological factors.â⬠Nature is our prewrittenRead MorePsychology : Nature Vs Nurture869 Words à |à 4 Pagesinterested in studying human behavior and how our brains function. Psychological research has been mainly geared towards discovering parts of the brain, and the environment that influences our behavior as individuals. In other words, research aims to provide reasons why people behave the way they do, and what makes individuals different from each other. Much to the joy of experts in the field, major strides have been made in not only understanding, but also predicting human behavior. Concepts such as theRead MoreNature Vs. Nurture : Nature Versus Nurture1337 Words à |à 6 PagesNature vs. Nurture There are many different ways that behavior can be explained, especially on the terms of nature vs. nurture. Aggression is a behavior that has been extensively analyzed in a complex manner and the causes of it can be explained many different ways. Aggression can be defined as hostile or destructive behavior that can cause injury or destructive outlook especially when caused by frustration. Nature can be defined as aspects of behavior that have been inherited or are genetic, while
Monday, December 16, 2019
The Effect of Exclusionary Rule and Fourth Amendment Free Essays
string(40) " vastly grow When this trend continues\." The Effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their own power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law (Ronald 605). The Constitution does not tolerate warrantless, therefore illegal, police searches and seizuresââ¬âunless there is probable cause. The rights which the Fourth Amendment states were strengthened when the Supreme Court preceded the Exclusionary Rule, and herefore, the rights of the people were strengthened as The Exclusionary Rule, first preceded in 1914, is the understanding, based on Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process, or it will not be allowed as evidence (Schmalleger 273). We will write a custom essay sample on The Effect of Exclusionary Rule and Fourth Amendment or any similar topic only for you Order Now Even the guilty have a right to claim innocence. Hence, this right would be worthless if incriminating evidence was allowed to be obtained, distributed, and used illegally. Furthermore, according to the Supreme Court, ââ¬Å"If letters and private documents can thus be seized and held and used in evidence gainst a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be sure against such searches and seizures is of no value, and, so for as those thus placed are concerned, might as well be stricken from the Constitutionâ⬠(Ronald 605). If that ââ¬Å"tainted violenceâ⬠can be used in court, then the 4th Amendment offers no real protection to a person accused of a crime (Magruder 524). The exclusionary rule was intended to put teeth into the 4th Amendment, and it has (Magruder 524). The Court further built upon the rules concerning evidence in 1918, with the Fruit of the Poisoned Tree Doctrine-a legal principle which excludes from introduction at trial any evidence later developed as a result of an originally illegal search or seizure (Schmalleger 274). The Fruit of the Poisoned Tree Doctrine was enforced after the case of Silverthorne Lumber Co. v. United States in 1918. Frederick Silverthorne and his sons were accused of avoiding payment on federal taxes. They were asked to hand over their companyââ¬â¢s books. The Silverthornes refused, citing their Fifth Amendment privilege against self- incrimination (Schmalleger 274). Shortly thereafter, some federal agents ignored their rights and without warrant, eized the wanted books anyway. Since this was an unconstitutional act, the Silverthorneââ¬â¢s lawyer testified and asked for the books to be returned. The prosecutor granted his request, and the books were returned. Expecting all incriminating evidence to have descended, the Silverthornes where testified in trial. Much to their surprise, however, the prosecution had made photocopies of the books they seized, and used them as evidence against the Silverthornes. Hence, they were convicted in federal court. They appealed their conviction and their appeal reached the Supreme Court. The Court uled that just as illegally seized evidence cannot be used in a trial, neither can evidence be used which derives from an illegal seizure (Schmalleger 274). The conviction of the Silverthornes was overturned and they were set free. The illegal evidence reproduced from materials obtained by an illegal seizure dismissed the whole case because the prosecutors did not follow the Fruit of the Poisoned Tree Doctrine. Think of it this way: If you have a box full of apples, and then you put a rotten one in the bunch, they will all become rotten at some point. Hence, all the evidenceââ¬âfruitââ¬âobtained from an illegal meanââ¬âpoisoned reeââ¬âis not admissible even if the evidence itself is goodâ⬠(Gomez interview). Even if a case is developed on years of police research, it may be dejected if that research and the evidence it revealed was obtained Like the Constitution, however, the exclusionary rule is not written in stone. It can be amended and exceptions can be installed to it. In the case of United Sates v. Leon in 1984, the exclusionary rule was first modified with ââ¬Å"the good faith exception to the exclusionary rule. â⬠This exception states that law enforcement officers who conduct a search, or seize evidence, on the basis of ood faith (that is, where they believe they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still use, in court, evidence seized as the result of such activities (Schmalleger 277). In the Leon case, the officers involved acted upon probable cause, a legal criterion residing in a set facts and circumstances which would cause a reasonable person to believe that a particular other person has committed a specific crime (Schmalleger 277). The suspect, Leon, was accused of trafficking drugs. He was placed nder surveillance, which showed evidence of large amounts of hidden drugs. This lead the investigators to apply for a search warrant. They believed that they were in compliance with the Fourth Amendment requirement that ââ¬Å"no warrants shall issue but upon probable causeâ⬠(Schmalleger 277). Although Leon was convicted of drug trafficking, a later ruling in a federal district court resulted in the suppression of evidence against him on the basis that the original affidavit, or document demonstrating the probable cause, prepared by the police had not, in the opinion of the court, been sufficient to establish probable cause (Schmalleger 277). Shortly after, the government petitioned the Supreme Court to decide if the evidence gathered by the officers may still be admissible in trial. The Court decided: ââ¬Å"When law enforcement officers have acted in objective good faith or their transgressions have been minor, the magnitude of the benefit conferred on such guilty defendants offends basic concepts of the criminal justice systemâ⬠(Schmalleger 277). Due to this, Leonââ¬â¢s It is no doubt that over the past few decades more and more justice agencies have become dependent upon computer technology for record management and other purposes (Schmalleger 282). Hence, the likelihood of omputer-generated errors will vastly grow When this trend continues. You read "The Effect of Exclusionary Rule and Fourth Amendment" in category "Essay examples" Computer-generated errors have become the base of another exception to the exclusion rule, the ââ¬Å"computer errors exception. â⬠It was first created in the 1995 case of Arizona v. Evans. Mr. Isaac Evans was stopped for driving the wrong way on a one-way street. With a computer check reporting an outstanding arrest warrant, he was taken into custody. Shortly after, Evans was convicted due to the police finding marijuana in his car. After his arrest, however, police learned that the arrest warrant reported to them by their computer had actually been quashed a few eeks earlier but, through the clerical oversight of a court employee, had never been removed form the computer (Schmalleger 282). The Court later decided that the officers who made the arrest cannot be held accountable for their unintentional disobedience of the exclusionary rule. They were simply acting in good faith according to the information that was provided to them at the time. Isaac The Supreme Courtââ¬â¢s articulation of the exclusionary rule came in Weeks v. United States, 1914. This was the first landmark case concerning search and seizure and it changed to Fourth Amendment forever. The defendant, Mr. Freemont Weeks, was convicted for selling lottery tickets through the US Postal Service. The evidence against him included various letters and documents that had been seized from his house during a warrantless search (Ronald 604). When Weeks moved for a return of the property due to the violation of the Fourth Amendment in the officersââ¬â¢ part, only the non-incriminating evidence was given back. Hence, Weeks was convicted. However, shortly after, he appealed his conviction and it reached the Supreme Court. There, his lawyer reasoned that if some of his clientââ¬â¢s belongings had been illegally seized, then the emainder of them were also taken improperly (Schmalleger 273). The Supreme Court reversed: ââ¬Å"The United States Marshal could only have invaded the house of the accused when armed with a warrant issued as required by the Constitution, upon sworn information and describing with reasonable particularity the thing for which the search was to be made. Instead, he acted without sanction of law, doubtless prompted by the desire to bring further proof to the aid of the Government, and under solor of his office undertook to make a seizure of private papers in direct violation of the constitutional prohibition against such action. Under such circumstances, without sworn information and particular description, not even an order of court would have justified such procedure, much less was it within the authority of the United States Marshal to thus invade the house and privacy of the accusedâ⬠(Ronald 605). The Court held that the seizure of items from Weekââ¬â¢s residence directly violated his constitutional rights and that the governmentââ¬â¢s refusal to return Weekââ¬â¢s possessions violated the Fourth Amendment (Oyez). Thus, the Supreme Court overturned Weekââ¬â¢s earlier convictions and the However, the Weeks case made the exclusionary rule pertinent to only the federal government. It was not until Mapp v. Ohio that it also became applicable to the States. Miss Mapp and her daughter by a former marriage lived on the floor of the two-family dwelling (Case 1). Police officers had been on her trail because she was suspected of obscuring, in her house, a man wanted for information on a recent bombing, and for the possession of lewd books and pictures, which was unconstitutional (Supreme 1081). When the officers insisted on entering her home for investigation, she refused, asking them to get a warrant first. The officers advised their headquarters of the situation and undertook surveillance of the house (Case 1). Some three hours later, a larger amount of officers arrived at the scene. When they asked her to come out once again and she repeatedly refused, one of the doors in her house was forcibly opened and the policemen commenced their illegal search in the house. Miss Mappââ¬â¢s lawyer arrived shortly after but the officers, having secured their own entry and continuing their defiance of the law, would permit him neither to see Miss Mapp not to enter the house Miss Mapp continued to protest this illegal act and demanded to see the search warrant. One of the officers help up a fake one, which was snatched from his hand by her and placed in her bosom. As a result, there was a big struggle and she was handcuffed. Afterwards, she was forced upstairs where the investigators searched her closets, dressers, rooms, the rest of the second floor, the childââ¬â¢s room, the living room, the kitchen, and a dinette. During that widespread and illegal search, the materials which she was suspected of holding were found, Prior decisions by the U. S. Supreme Court had led officers to expect that the exclusionary rule did not apply to agents of state and local law enforcement (Schmalleger 275). Nonetheless, Mappââ¬â¢s conviction was overturned by the precedent-setting decision that the officers were acting gainst the Fourth Amendmentââ¬â¢s guarantee that the exclusionary rule should be applicable to the States: ââ¬Å"â⬠¦ or shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. â⬠(Schmalleger 275). The majority courtââ¬â¢s opinion, as Mr. Justice Black states, was that the constitutional basis of the rule announced by the Court in the present case was the Fourth Amendment ââ¬Ës ban against unreasonable searches and seizures considered together with the Fifth Amendmentââ¬â¢s ban against compelled self- ncrimination (Supreme 1081). Thus, the exclusionary rule The exclusionary ruleââ¬â¢s precedent brought forth two argumentative problems, however. One of these problems if that the present appeals system, focusing as it does upon the ââ¬Å"rules of the game,â⬠presents a ready-made channel for the guilty to go free (Schmalleger 273). ââ¬Å"If you think about it, the evidence needed to prove a person guilty of a crime is, to my understanding, enough the confirm the personââ¬â¢s culpability, and that person should be punished nonetheless. It shouldnââ¬â¢t matter whether or not the arresting officer(s) acted unconstitutionally, in which ase, both the criminal and the officer both should be punished. A personââ¬â¢s ââ¬Å"guiltâ⬠can never be decreased because of the misconduct of another (Gomez interview). Weeks, Mapp, and the Silverthornes are all examples of this problem. The evidence used to incriminate them, whether obtained legally or illegally, prove that they are guilty of disobeying the law in one way or another. Even if the police knowingly violate the principles of due process, which they sometimes do, our sense of justice is compromised When the guilty go free (Schmalleger 273). As police officers, it is their duty to make sure that the guilty are punished. The exclusionary rule somewhat gets in the way of this responsibility. Of course officers should not take advantage and act recklessly, ââ¬Å"but desperate times do call for desperate measures (Gomez Despite these problems, the exclusionary rules has obviously had some positive effects and changes on society. The Fourth Amendment is a very important and critical one in maintaining citizensââ¬â¢ property and privacy theirs and the exclusionary rule has established real value to it. The Exclusionary Rule has been justified in part on the ground that it is essential to prevent the fourth amendment from becoming ââ¬Å"a form of words, valueless and ndeserving of mention in a perpetual charter of inestimable human libertiesâ⬠(Ronald 604). Also, the Weeks, Mapp, and Silverthorne cases are all examples of the exclusionary rules protection against police misconduct. ââ¬Å"Just because theyââ¬â¢re the boys in blue does not mean that they can be the boys who abuse (Gomez interview). â⬠As an American citizen, and thanks to the exclusionary rule, one has the right to object against illegal searches and seizures. The exclusionary rule In conclusion, the exclusionary rule totally revolutionized the power and rights against invasion of privacy and police misconduct. How to cite The Effect of Exclusionary Rule and Fourth Amendment, Essay examples
Sunday, December 8, 2019
Muet Speaking - Question Answer free essay sample
Iââ¬â¢m very happy that my brother has just received a scholarship to study in England. My relatives and I would like to give him a special gift. We all think that the best gift is money because it will be very useful for him. The first reason is with cash he can buy the things that he needs when he gets there. There will me a lot of things that he will need like new books, stationery, clothes and food. He will also need to pay for transportation like taking the bus or train to go to the university campus. As we know, it is very expensive in England so any money we give him will be very useful. Secondly, my brother can use the money to buy a mobile phone when he gets to England. I think this is very important in case of emergencies so we can contact him easily. Furthermore, he can sms us and keep us updated with his progress in his studies there. Hence, if we really miss him we can just give him a call. Finally, I also think giving him money is the best choice because it is light and doesnââ¬â¢t take up a lot of space. If we were to give him a computer, books or winter clothes it will be very heavy and bulky for him to bring to England. Therefore, I think that it is much easier to bring money and buy those things when he gets there. In conclusion, these are some of the reasons why I think giving him cash is the best choice. To me, it is the most useful gift we can give him. Thank you. Candidate B Task A: You suggest that they give him a computer. Say why. A very good morning I bid to one and all. My relatives and I are very proud of my brother. He has just received a scholarship to study in England and so we would like to give him a special gift. We believe that the best present for him is a laptop computer. Firstly, as a university student, my brother will have to do many assignments. If he has a laptop computer he can bring it everywhere and consequently, do his work anytime and anywhere. Thus, he will not have to share the computers at the computer room with other students and he will be able to do his work more quickly and efficiently. Another point is that when he boards the plane from KLIA to London, he will be able to bring the laptop with him easily because it is compact and light compared to a desktop computer. Hence, it will not be too much trouble to transport it to England. Last but not least, if he has a laptop he will be able to connect to the internet. This has two main advantages as firstly, he can do a lot of research online. The world wide web is a fountain of information so it will be very useful for him to make full use of this technology. Furthermore, he can keep in touch with friends and family here in Malaysia by e-mail. In short, a laptop computer will prove to be very useful to my brother. He can do his assignments, research for information and keep in touch with us using it therefore it will make the best gift. Thank you for listening. Candidate C Task A: You suggest that they give him some suitable clothing. Say why To the examiners and my fellow candidates, a wonderful morning I bid you. My brother was lucky enough to receive a scholarship to study overseas. We want to send him off with a nice gift so we have decided to buy him some suitable clothing. The main purpose for buying him some suitable clothing is because the weather in England is very different from the weather in our country. There are four seasons there so he will need to have different clothes for different situations. For example, we can buy him some sweaters, cardigans, scarves, snowcaps, thick socks and gloves and many more. These will definitely keep him warm in winter. The second reason is we think that he should have clothes that reflect our Malaysian identity. This is because he will be a young ambassador for our country so if he has a few sets of traditional clothing like the Baju Melayu or formal Batik shirts, I am sure he will not only look good but promote our culture overseas. Lastly, neat clothes make a good impression. For instance, if we buy him some everyday clothes like jeans and trousers with nice shirts and matching ties, this will give him a good feeling about himself so he will walk a bit straighter and talk a bit wiser. Moreover, people will look at him and have a good impression about Malaysian students. To conclude, I think that the best present to give him is some suitable clothing because it will be very useful and will reflect positively on him. Thank you very much. Candidate D Task A: You suggest that they give him some Malaysian foodstuff. Say why. I would like to wish everyone here a very good morning. As we all know, my brother has won a scholarship to study in England. Therefore, some relatives and I have decided to give him some Malaysian foodstuff as a going away present. First and foremost, one of the main problems Malaysians face when studying overseas is that it is hard to find Halal food. We feel it is a good idea to give him some Malaysian foodstuff because it will take time for him to get used to the place and find out where to buy Halal food. Thus, in the meantime he can enjoy the Malaysian foodstuff that we have given to him. The next reason is because some of the foodstuff we are used to having here in Malaysia is quite hard to find in UK. Most students studying overseas really enjoy eating Maggi Mee and sambal belacan. For instance, it is also hard to find the right spices for curry and rendang and so on so if we supply him with enough Malaysian foodstuff, he can eat it whenever he misses home. The final point I have is that he can use the Malaysian foodstuff we give him and cook it for the Westerners there.
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