...future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were addressed in the case of the United States of America v. Richard D. King, Jr., as with many involving an attempt to claim the defendant’s 4th and 5th Amendment rights have been infringed upon by the law enforcement investigation. In the provided...
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...The Extended Arm of the United States Government in its Battle against Tax Evaders Professor: Kenneth Lavery Submitted By: Deanne Patterson Week 6: July 31, 2011 Taxes are a major contributor of the American economy. The tax system in the United States depends on voluntary compliance, which means that each citizen is responsible for filing a tax return when required and for determining and paying the correct amount of tax”. (Albrect, Albrect, Albrect & Albrect and Zimbelman). When individuals under report, exaggerate deductions, and hide money in off shore accounts, this is clearly misrepresentation of their income to the Internal Revenue Service (IRS) and is deemed tax evasion. The term “tax evasion” is defined as using illegal means to avoid paying taxes. The U. S. Government loses billions of dollars every year because of tax evasion. Wealthy individuals have engaged in hiding their earning in offshore accounts. This student believes that it is necessary for the United States to continue to monitor and implement laws to improve financial transparency globally in order to curtail tax evasion in addition, the integrity of the federal income tax system continues to be tested by individuals and entities in their attempts to defraud the United States Government. The United States Treasury, IRS, and Congress took a long hard look at the global financial system and determined that UBS, the Swiss bank giant sold tax evasion services to those who did not want to pay...
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...some controversies on the extent of how far these rights go. The first amendment most importantly protects freedom of speech. Dennis Mahon, a member of the KKK, was trying to exercise his freedom of speech, through airing a television program called “Race and Reason.” The Missouri Knights group chose public cable access to broadcast because they were free of any editorial control from the cable company. It was originally denied its request to air because there were regulations that the show had to be produced locally. It had to change its name to the “Klansas city Kable.” The main idea of the show was with the racial issues and exposing government bureaucracy. The studio was located in a neighborhood that consisted of 95% black people. The cable company was concerned that violence would occur and that viewers would cancel their subscriptions. Reverend Cleaver did not think that the show was an exercise as free speech; instead he saw it as a terrorist organization. According to the Supreme Court, the struggle between the fear of violence as a result of speech and the promise of the first amendment has produced probably the most famous one in all of the constitutional law: the “clear and present danger” test is the concept that the government itself cannot punish people for the freedom of speech unless it creates clear and present danger. Since the freedom of speech is the most protected of the amendments is was difficult for Cleaver to get the show canceled. They then...
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...Arguments on Gun Control Arguments on Gun Control Introduction Gun control is law and policy which has been developed for the purpose of restricting the import, production, shipment, possession, use and sale of the firearms. There are variations in the laws and policies of gun control around the globe. There are strict gun control policies in United Kingdom. On the other hand, the gun control policies in United States are modest. Many people claim that the gun control policies are very effective and there should be strict control on the implementation of these policies. On the other hand, a group of people thinks that the gun control policies are not so effective and there should be no strict policies on the firearms. Thus, the both sides provide their arguments on the issue of gun control. The main aim of this paper is to persuade against the policies of gun control. The paper is comprised of both the arguments in favor and against of the gun control policies. Discussion It is so easy to understand that without guns or rifles, killing of criminals would have been much more difficult to consummate, which is sometimes hard to explain how it is possible that guns are legal in the largest and most powerful democracy in the world. But it is undeniable that easy access to firearms greatly facilitates this sinister task (Amo, 1989). The criminals have committed one of the latest killings with firearms that shook Americans, 14 Dead Colombine students in 1999...
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...of our correctional facilities. Unlike today, it just seems that it was converted into a warehouse for bodies. Retribution, the inmate would have to pay for what they had done to someone. In this state of New Jersey there are certain crimes that according to the law that the criminal would have to pay back, they would have to pay restitution. Last but not least in sentencing is reformation which goes hand in hand with rehabilitation it was intended to make improvement with the person who has been incarcerated. The plan was to reorganize their lives and provide a way for an overhaul on their way to restoration. If someone a citizen or naturalized and they commits a crime against society they still have constitutional rights. They are under the protection of the fourth amendment is that there shall...
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...Women’s Reservation (108th Constitutional Amendment) Bill DR. RAKESH K SINGH· “Reservation for women is needed to compensate for the social barriers that have prevented women from participating in politics and thus making their voices heard. It is of the opinion that this Bill is a crucial affirmative step in the right direction of enhancing the participation of women in the State legislatures and Parliament and increasing the role of women in democratization of the country”. Parliamentary Standing Committee Report on the Constitutional (108th Amendment) Bill “Achieving the goal of equal participation of women and men in decision making will provide a balance that more accurately reflects the composition of society and is needed in order to strengthen democracy and promote its proper functioning. Without the active participation of women and the incorporation of women’s perspectives at all levels of decision-making, the goals of equality, development and peace cannot be achieved.” Fourth World Conference on Women. Beijing, 1995: Article 181 Introduction The passage of the Women's Reservation Bill in the Rajya Sabha on March 9, 2010 is a momentous, heartwarming step not only for India, but is likely to be an inspirational trendsetter for women’s empowerment in the entire region. Although it is only the first step, the ripples from the smashing of a glass barrier are bound to be felt in virtually all areas of traditional male dominance. Like its democracy, therefore, India will...
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...Freedom of Religion Scenarios “Your first case involved the eccentric Veronica, who did not practice traditional religion, but rather worshipped with poisonous snakes. Veronica argued her 1st Amendment rights to worship with poisonous snakes should be protected just like the 1st Amendment guarantees protection for other religions & the right for people to own guns. Her argument was the state should have never violated her religious practices. As judge or citizen, I can honestly say I have never heard of such faith & snakes scare the absolute hell out of me. There ain’t gonna be no snake worshipping in my town – judgment DENIED!” 1. Veronica’s beliefs may seem unusual but it still counts as a religion regardless whether you have heard of it or not. The establishment clause states that all religion must be read the same. The judge’s ruling is incorrect, especially because he/she is afraid of snakes and has never heard of these practices before. However, judge’s ruling would make more sense of he/she focused on dangers of poisonous snakes, since they have the ability to kill. If there is a possibility of snakes causing harm, then it would be rational to curtail that religion. For instance, religious extremists are not allowed to act on terrorism/violence, despite what their religion may preach... you cannot stone a woman to death simply because she cheated on you. In other words, there is a difference between practicing your religion and causing damage by your religion...
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...Concealed Carry on Campus: Yea or Nay? 1 Concealed Carry on Campus: Yea or Nay? Toni Struve COM/155 University Composition and Communication I May 6, 2012 Kathleen Zurich Concealed Carry on Campus: Yea or Nay? 2 Abstract This essay debates the pros and cons of allowing concealed carry weapons on campuses. Both sides have relevant information that supports their point of view. I have presented data from both sides of this issue and leave it to the reader to decide which argument they will support. Concealed Carry on Campus: Yea or Nay? 3 In the war over guns, the first casualty was the truth (Kleck, 2009). Could the results of the tragedies at Columbine, Virginia Tech, and the private college in California been lessened if concealed weapons were permitted on campuses? Studies have been conducted, but there have been no definitive results. Each side of this question can quote statistics and studies that will prove their point of view. There is no absolute answer to this question, but many people believe that the outcome may have been much different if concealed weapons were present on campus. As with every issue of this magnitude, there are two sides to this question. The debate about whether to allow concealed weapons on campus raises questions of personal safety, legality and are gun-free zones really safer. Students for Concealed Carry is a nationwide organization made up of over 43,000 students, professors...
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...Gun Control Political Science 1333 Dr. Garrison December 3rd, 2009 The Gun Control Debate Gun control and the supposed right to a gun have been at the war for many decades. The term gun control refers to policies which seek to regulate the manufacture, sale, ownership, and the use of guns. These policies or the lack there of, are reinforced and intensified ever so often when an unfortunate tragedy occurs. For instance, after the April 16th, 2007 massacre at Virginia Tech University, in which left thirty-three persons including the gunman died, many persons were of the opinion that such an incident could have been avoided through effective gun control measures. However, the issue of gun control is a very sensitive topic in the American society. Many Americans view control gun legislation and policies as an attempt to refute and violate a constitutionally enshrined liberty, which guarantees them a right to own a gun. This liberty to own and possess firearms stems from the Second Amendment which many believe affords the ordinary citizen the right to be armed. On the contrary, there is the other sector of American society who argues that the Second Amendment does not afford or protect and such a right. Moreover, members of this group also argue that if the Constitution does in fact afford such a right it needs to be revisited or repealed since it is not applicable to the present American society. Both sides of the spectrum are heavily represented...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...situation when debating the option of abortion. Life is valuable period. Regardless of whether there are good outcomes of abortion, or negative outcomes of abortion, I am against abortion. Regardless of what is going on in life, women know that the only way to not get pregnant is through the choice of abstinence, but they still choose to have sex. With this being a problem it makes abortion look really evil due to careless and selfish choices that women are making today. Abortion has been overthrown and battled in many courts with different cases and the procedure of abortion has granted because the right of the constitution protects the choices that women make with the 13th, 14th, and 15th amendment. The constitution protects the rights of women in many different ways including the choice of what women want to do with their bodies. These three amendments make abortion legal and create a bigger problem of diminishing this evil operation for the fact that abortion has been approved by judges all across America. In prior cases, such as Roe vs. Wade, argue that in the case of abortion, it is unconstitutional to take the rights of women away as a citizen and force women to birth a child. In the case of Roe vs. Wade, abortion was granted and deemed constitutional and this decision was based on the 13th, 14th, and 15th amendment. Although this is only one case, there are many...
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...Michael Stone University of Phoenix Essentials of College Writing COMM/215 Maureen Chisholm September 14, 2014 Is Gun Control a Valid Argument America's founding fathers crafted the 2nd Amendment to protect its citizens from individual and collective threats both foreign and domestic. The individual citizens right to bear arms has been debated from the early 20th century to the present, both for and against. Although, the Supreme Court has provided a decision in 2008 via the District of Columbia vs. Heller protecting an individual's right to bear arms for traditional lawful purposes. Those in favor of gun control have still been promoting the platform that more stringent federal government legislation will deter crime and provide increased safety to citizens. This paper will show that more stringent gun control legislation and that stripping away portions of the 2nd amendment will not lead to less crime or a safer population; in fact, it will and has resulted in the reciprocal effect. Some proponents of stricter gun legislation claim that if guns are removed from public availability that crime will significantly decrease and make neighborhoods safer for the law-abiding citizens. Let's examine the statement " if guns are removed from public availability that crime will significantly decrease." Based on a report from the Congressional Research Service from 1993 through 2011, "firearm-related murder and non-negligent homicide" rate was 6.6 per 100,000 Americans...
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...Civil Procedure Outline Chapter 1: An Introduction to American Courts Chapter 2: A Description of the Litigation Process and Sources of Procedural Law Chapter 3: Diversity Jurisdiction in the Federal Courts I. Introduction: II. State Citizenship of Individuals: The Domicile Test 1. Common Law concept of Domicile: a. Residence with the intent to remain “indefinitely.” b. Has been used for several purposes. For example: to determine the power to exercise personal jurisdiction over a person, to grant a divorce, to impose a tax or to determine the persons entitled to inherit property. 2. Losing and gaining a domicile: a person does not lose her old domicile until she acquires a new one, that is, until she hoes to another state wit the intent to reside indefinitely in the new state. (Examples on pg 45-46). 3. Meaning of “indefinite intent: often, courts state that it is enough that the party “intends to make the new state his home and that he has no present intention of going elsewhere [to live].” 4. Alternative formulation of the domicile test: to establish a domicile of choice a person generally must be physically present at the location and intend to make that place his home “for the time at least.” 5. The date for determining diversity: parties must be diverse on the day the complaint is filed, even if the parties were not diverse at the time of the events giving rise to the claim. ...
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...appears adequate – impressive even by some accounts, the unwavering determination of the feminist movement leading up the 1980’s, disappointingly appears to pale in vain to the statistic. Indeed this trait of gender inequality is consistent not only today but also throughout America’s history. On the 3rd February 1870 the 15th Amendment to the constitution of the United States of America declared that all US citizens had equal voting rights. Indeed this would prove to be an unequivocally vital development in socio-political dynamic of the country, however the amendment ultimately marginalised and repudiated a fundamental gender arguing that they served no purpose other than to adhere to gender roles ministering to a man and reproducing. – The female. In perspective one could argue that the recognition of US citizenship within the parameters of voting rights proved to be the first stepping-stone in women’s fight for equality with the ratification of the 19th amendment in 1920, with some forty states by 1918 already granting woman the vote exemplified by Montana’s congresswoman Jeannette Rankin who held high government office in 1916. Due to the fact that eight days after the amendments ratification ten million woman joined the electorate, with contemporary legal...
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...investigations varied between departments throughout the United States. Some procedures which some became labeled coercive began to be observed, in some urban centers. Police officers want to determine the facts in cases of criminality and to protect the public by apprehending the perpetrators of crime. Some argued that taking overly aggressive actions undermined the civil liberties upon which the American Nation was founded. Given these competing arguments, and the Warren Court’s then recent trend toward increases activism, the setting was set for a hearing of these matters in the highest court of the United States. That came in the form of Ernesto Miranda. Ernesto Miranda was arrested in a serious criminal case, it involved the kidnapping and rape of a young women. His arrest was based on generally circumstantial evidence, without any clear proof. Police investigators decided to interrogate Miranda in order to ascertain the facts of the matter. Evidence in the case indicates that under police interrogation, Miranda confessed to the charges against him. A written statement was drawn up, which had included waivers in which Miranda attested that he was not coerced and that he understood his legal rights. Miranda signed this document, providing clear means for any prosecution to secure his conviction in a court of law. Important to the legal challenge is the fact that, despite this wavier, Miranda was never actually told he...
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