...warning Joseph of his Miranda Rights and further admissible interrogation by explicitly acknowledging that Joseph does not “really understand” what his Miranda Warnings or rights are. However, she states that is okay, because his mother (not his biological mother, but his step-mother, Krista) was present during the interrogation. Hopewell tells Joseph to let her know if he does not understand any part of what she is telling him so that she can further explain. He acknowledges that he understands what she just said by responding “All right.” He also acknowledges that he understands that he is in the police station because of what happened to his father. At this point, Detective Hopewell begins to advise Joseph of...
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...Court System Analysis Patricia Morse AJS/504 June 8, 2015 Deana Bohenek This is an interview with Justice Tom C. Clark one of the nine Justices for the United States Supreme Court. The case Miranda v. Arizona was argued February 28, March 1st, and 2nd 1966 the decision was June 13th, 1966. The vote was 5 to 4 in favor of Miranda v. Arizona. Q. Where did this case originate? Mr. Justice Clark Miranda v. Arizona originated in Phoenix Arizona, when Ernesto Miranda an immigrant was arrested for kidnapping and rape, he was taken into custody and question for two hours by police until he confessed. What the police did was not inform Mr. Miranda of two rights he is entitled to. The 5th and 6th Amendment, the right to protect himself against self-incrimination and the right to have counseling. The case went to court, the prosecutor used his confession as evidence along with other evidence. Miranda was convicted and sentenced for 20 to 30 years in prison. Q. Were there any other cases similar to this being considered by the United States Supreme Court? Mr. Justice Clark Yes three others Virgira v. New York, Westover v. United States, California v. Stewart, all three of these cases were based on the accused were not informed of their 5th and...
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...laws in the area of public education deprive black children of the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution? Rule: No. The race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional. Analysis: Separating black children from others solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The impact of segregation is greater when it has the sanction of law. Conclusion (Vote): 9 Votes for Brown, 0 Votes against, Legal provision; Equal Protection Impact: Schools can no longer be segregated. Miranda v. Arizona, 384 U.S. 436 (1966) Facts: Miranda was unaware of his rights under the Fifth Amendment of the United States Constitution and offered incriminating evidence during police interrogations. Issues: The question is whether or not the police is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants? Rule: The U.S. Supreme Court established a “bright line” rule to govern custodial interrogations, maintaining that they are inherently coercive because: (a) Suspects are held in strange surroundings where they’re not free to leave, and (b) Skilled police officers use unrefined methods...
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...phewlin@stern.nyu.edu November 4, 2003 We would like to thank Roger Dunbar for all his help with this paper and for acting as the consulting editor in charge of this manuscript, Jane Dutton, Amy Wrzesniewski and the anonymous reviewers for their very helpful comments on earlier drafts of this paper. 2 AN EXPLORATORY STUDY OF EMPLOYEE SILENCE: ISSUES THAT EMPLOYEES DON’T COMMUNICATE UPWARD AND WHY Abstract There is evidence from a variety of sources that employees often do not feel comfortable speaking to their bosses about organizational problems or issues that concern them. The purpose of this study was to shed light on the types of issues that employees are reluctant to raise, and identify why employees sometimes decide to remain silent rather than voice their concerns. We interviewed 40 employees and found that most had been in situations where they were concerned about an issue but did not raise it to a supervisor. Silence spanned a range of organizational issues, with several of our respondents indicating that they did not feel comfortable speaking to those above them about any...
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...been essential to the party during the revolution, were publicly confessing to crimes against the party that would lead to their execution. In 1940 Koestler wrote the novel Darkness at Noon, which addresses these issues through the inner ethical conflictions of the main character Rubashov. A decorated member of the old guard, Rubashov is among the last of a dying breed and spends the novel in a prison through a series of three trials ultimately leading to his execution. Throughout the novel, Rubashov is confronted with an inner confliction that begins to develop emotional and heartfelt tendencies questioning the ethical validity of the very logic and ideology that he has sworn by in his past forty years of service to the party. This “silent partner” or “grammatical fiction”, as Rubashov describes it, progresses through the duration of the three trials until finally gaining dominance over the old “logical Rubashov” in the moments leading to his death. Exploring the development of this inner confliction between the two sides of Rubashov exposes the ethical dilemma of Machiavellian logic, and attempts to explain why a just society cannot be created by the use of violent and unjust means. Through this realization and explanation, Rubashov gives the reader clues of why he believes the revolution went wrong....
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...Constitutional Law: CRJS400 - 1402B - 01 Individual Project: Unit 3 Human Rights Analysis Human Rights Analysis The case of Plessy vs. Ferguson established the separate but equal doctrine that was prevalent throughout life in the South for over fifty years. The case involved a man by the name of Homer Adolph Plessy, who was a colored shoemaker from New Orleans, Louisiana. He was only 1/8 black and 7/8 white, but under Louisiana law he was considered black. It also involved a white Judge by the name of John Howard Ferguson. In 1892 Plessy was asked by the Citizens Committee which was a political group made up of African Americans and Creoles to help them challenge the Separate Car Act, which by Louisiana law separated blacks and whites in railroad cars. If a black was caught sitting in the white section of the cars, they could get either 20 days in jail or a $25 fine. He agreed to help the Committee. On June 7, 1892, Plessy purchased a first-class ticket at the Press Street Station in New Orleans to go to Covington, Louisiana. The railroad didn’t support the Separate Car Law, because of the expense and trouble involved with it. They chose this station for that reason and the station was in on the test as well. He sat in the white only section and waited for the conductor. When the conductor arrived he told him that he was only 1/8 black and that he refused to move to the colored car of the train. A hired detective told Plessy he was violating the law but he still refused...
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...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...set term, who have been on the job for at least six months, unless the employer has an established probationary period. (Montana 2012) The act created a cause of action for employees who believe that they were terminated without good cause. The law benefits employees because it gives employee the right to challenge a wrongful termination in court. The law also limits damages to up to four years of lost wages, including the value of benefits, with interest. It prohibits discharge for other than good cause. Identify the parts of this law that appear to benefit employers. The state laws protecting whistleblowers vary enormously, but none of them protect whistleblowers who turn to the media first. Discuss why you think this is so. Explain why it either encourages or discourages ethical behavior. The purpose of the SOX whistleblower protections is to remedy the wrongdoings of corporations. The media doesn’t help the company.I believe that an employee should try to deal with the problem internally before going to the media. You want people to turn to media after they have done everything they could. I think that not protecting whistleblowers that turn to media first discourages people that have the wrong intentions. A person who goes public with the claims usually after failing to remedy the matters from the inside, at great personal risks to themselves. The person making the said allegations is termed as the whistleblower. Whistleblowers cannot remain silent and usually speak...
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...While the origins of the thought of ‘the psychological contract’ are typically traced to the 1960s, the idea gained widespread exchange among the academic and analysis fields of organizational psychology, organizational behavior and HRM among the 1990s following the publication of a key article, then a book, by Rousseau (1989, 1995) that excited renewed interest among the set up. The idea is presently also popular in professional circles. Its contemporary quality with human resource professionals is sometimes suggested by a 2002 United Kingdom survey that found that 365 days of HUMAN RESOURCE Managers used the thought ‘to manage the use relationship’ that 90th agreed that it had been ‘a useful concept’ (D. Guest & N. Conway, 2002)Despite its quality in every academic and idea circles, the construct stays controversial for several reasons: questions stay on the precise which implies of the idea, its theoretical and sensible utility and its philosophic and political usage in organizations. This summary seeks to introduce the thought by: defining psychological contract, distinctive what's unremarkably thought to be contained in one, explaining the various kinds of psychological contract, explaining why the idea is thus popular and highlight some potential problems with the concept. While there is no one universally accepted definition of the psychological contract, most definitions tend to determine it as a result of the implicit understanding of the mutual obligations owed...
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...woman, smart, and somewhat off her rocker, takes us into the personal life of a woman by the married name of Hedda Tesmen. Through analysis and research of the story though, we can see the author is trying to show us something further from what it seems. Henrik Ibsen, the writer of Hedda Gabler, seems to not be telling us the personal story of the woman Hedda Tesman, but showing us the faults of society for that time period in terms of the roles of women. “The Trapped Woman”, is a term I will use to describe the role of “The Woman” in the late 19th Century. Henrik Ibsen appears to be showing us through Hedda’s life that no matter the apparent strength or background of a woman during the 19th century, they are still trapped in a way which forbids them to be who they truly are. Hedda Tesman, as described early on in the play, due to her background and personality, should in no way be anything but in complete control over her life. As stated by Aunt Julle, “General Gabler’s daughter. What a life she had in the general’s day!” (Ibsen). This statement in the beginning of the play almost immediately foreshadows her unhappy life in her current state. Due to the roles of women for that time period, she is just the representation of all women in her situation at the time. Women in the 19th century had very minimal rights. When a woman becomes married, the rights of woman are immediately given to their spouse, which in Hedda’s case is Jürgen Tesman. One can make the assumption that for women...
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...Introduction The Indian retail industry is estimated to have a market size of $180 billion accounting for a national GDP of 10%. It is poised to see a growth of 11 -12% per year. India is placed sixth in the global retail development index and it is predicted that there will be 1000 – 1500 stores in each of the metros by next year. The Indian retail business has the capacity to employ over 2 million in new jobs within the next 6 years. About 60% of these are expected to be in the area of fashion and lifestyle, and visual merchandising is one key area for the same. Visual Merchandising is the art of displaying merchandise in a manner that is appealing to the eyes of the customer. It sets the context of the merchandise in an aesthetically pleasing fashion, presenting them in a way that would convert the window shoppers into prospects and ultimately buyers of the product. Passion for design and creativity are essential to be a good visual merchandiser. A perfect design process and the ability to create ideas that are different are required. Awareness of happenings in fashion world is needed so as to keep up-to-date with the dynamics of the market constantly. According to Apurv Satdeve, "Visual Merchandising is a perfect understanding of one's business strategy filtered into highly creative solutions" The store derives as much of its identity, character and gravity from its physical contours, as from the products it houses and the individuals who manage the transactions...
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...FOSS Free Open Source Software This means you have the freedom to copy and re-use software rather than to have to pay for each version or new edition. Though the term is used inclusively there are differing ideas surrounding each. For example Free software is more about the freedom it gives user whereas Open Source is praised for the strength of the whole peer-to-peer modle that is used. The whole general idea of FOSS arose in the 1980’s through one Richard Stallman who was the founder and creator of the GNU project which later went on to become the Free Software Foundation. FOSS philosophy simply states that it is the right of every user to use, modify, and distribute computer software for any purpose. The right to use, distribute, modify and redistribute derivative versions, the so called "four freedoms," are based in and representative of an extreme form of anti-discrimination resistant to categorization into the typical “left, center and right” political schema. This element of nondiscrimination, coupled with the broad nature of FOSS's philosophical foundation, enables the easy adoption of FOSS technologies. FOSS's broadly defined freedom acts as an important starting point and one conceptual hinge useful in understanding the wide circulation of FOSS as a set of technologies, signs, methodologies and philosophies. An analysis of the way in which this philosophical and legal form is animated and redirected in particular ways through the use of FOSS technologies...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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...Knights of the Ku Klux Klan, Realm of Missouri, and Michael Cuffley, Appellants, v. Curators of the University of Missouri No. 99-1168 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT 203 F.3d 1085 February 17, 2000, Filed Before McMILLIAN, MURPHY, and TUNHEIM, n1 Circuit Judges. n1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, sitting by designation. McMILLIAN, Circuit Judge. The Knights of the Ku Klux Klan, Realm of Missouri ("Missouri KKK"), and Michael Cuffley, the state coordinator for the Missouri KKK (together "appellants"), appeal from a final order entered in the United States District Court for the Eastern District of Missouri granting summary judgment in favor of the individual Curators of the University of Missouri and Patricia Bennett, general manager of the radio station KWMU (together "appellees"). For reversal, appellants argue that the district court erred in holding that, in light of certain facts not genuinely disputed, appellees' rejection of the Missouri KKK as an underwriter violated neither the First Amendment nor the Equal Protection Clause of the Fourteenth Amendment. For the reasons discussed below, we affirm the order of the district court. Background KWMU is a not-for-profit public broadcast radio station located on the campus of the University of Missouri at St. Louis ("UMSL"). KWMU is owned and operated by The Curators of the University of Missouri, a public corporation...
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...sales to customers (market division/Refusal to deal) a horizontal agreement in violation of Antitrust laws? If so, were their actions a per se violation of Section 1 of the Sherman Act? c. Did Nouv’s behavior lack integrity? If so, was his veiled threat and coercion of Betty to remain silent unethical? d. --- Individuals listed below: i. Would the firing of Billy Aged based on his age be disparate treatment and illegal discrimination in violation of the Age Discrimination in Employment Act of 1967? ii. Is firing Cindy Octane due to her future change in marital status be a disparate treatment violation of Title VII of the Civil Rights Act of 1964? iii. Is Tommy Grey 40 years of age or older, and if so, would his firing due to seniority be in violation of the Age Discrimination in Employment Act of 1967? iv. Would firing Belinda Black be an act of disparate treatment and discrimination based on her color in violation of Title VII of the Civil Rights Act of 1964? e. Was Nouv’s unwelcomed sexual advance, innuendo and quid pro quo offer sexual harassment according to Title VII of the Civil Rights Act of 1964? 2. a. Could Cindy’s firing be deemed discrimination under Title VII of the Civil Rights Act of 1964 due to her pregnancy? Additionally, would Cindy’s treatment of being made to sit and wait in a small “telephone room” against her desires be considered a false imprisonment and/or an intentional infliction of emotional...
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