...engage in electronic surveillance of employees. Explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. 1. Explain where an employee can reasonably expect to have privacy in the workplace. For employees there are a few legal protections regarding privacy in the workplace. However, employers can and should take proper steps to ensure that employees do not assume that they have unwarranted expectations. It has been decided by the Virginia General Assembly and upheld by the Virginia Supreme Court that it is prohibited to use another’s name or image for commercial advantage. It has by implication shown that there is no other statutory or common law cause of action for invasion of privacy. WJLA-TV v. Levin, 264 Va. 140; 564 S.E.2d 383 (2002).(1) The Supreme Court of the United States in O’Conner v. Ortega, 480 U.S. 709 (1987) stated that employees in private enterprises are not entitled to a reasonable expectation of privacy in the...
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...Media In The Courtroom Media in the courtroom can profoundly change and alter the outcome of a trial by allowing society to form an opinion before justice prevails. How is that possible, from Judge Judy to the Supreme Court society wants to be involved by any means possible to give their opinion on how justice should prevail? The journalists and television companies sell this belief, they hide behind the first amendment rights to air and publish any information that in turn helps to sell their product. Society is blinded by the need to know mentality, they have not realized the end results may not end in their favor. The only time society sees an error in our system is when the error affects their lives. Reality T.V is a catalyst to this need to know mentality. Cameras, Television, Radio, Internet, and Journalists these are the instruments that set criminals free. Ladies and Gentlemen I intend to prove without a reason of doubt that media in the courtroom is detrimental to the process of a fair trial and a defendants right to due process. As John Q public should be aware the justice system is a process to keep society safe, if they interfere with that process how can they say lady justice prevailed. Let’s say they have a defendant who has been accused of killing 10 people he has signed a confession of guilt and of course has hired a lawyer. First he is arrested and informed of his rights. Next they go into the courtroom where a judge informs him of his rights and his...
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...In the case of Helisek v. Dearborn Public Schools, in my opinion, before cameras were automatically installed, other measures could have been taken to see if the physical education teacher was in fact stealing money or not. Although the likelihood of him confessing to stealing money from the students was highly unlikely, however, as an employee, he deserved that much at least. It is understandable that the teachers would expect privacy in their office and locker room because it is in fact where they change and shower, however, when it comes to one specific teacher or coach, it is obvious that you will not have complete privacy there because it is indeed a high traffic area where numerous people enter and exit everyday. In this situation, the...
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...Bha'lir Company Screenplay by: Anthony Gutierrez and Alex Joyce (SUBTLE BASS BOOM) Shot opens with a quick focus on Jason sitting at a metal table in the center of a dimly lit room, his hands close together on it, staring at them lost in thought. (SUBTLE DOLLY TO THE RIGHT) He rubs his fingers gently across the white plate upon his right hand as he thinks. In the background out of focus, a door slides shut and a figure walks past him on his right, footsteps echo in the room. Rustling is heard as the interviewer settles in. Jason looks up. Jason is in full stormtrooper armor, helmet missing. The rank insignia of Lieutenant over his left breast. His hair clean and cut. [Cut to a close-up of the table, the interviewer in the background out of focus; her head will not be within the frame limits] The interviewer sets a recording device in the middle of the table, light reflects from its metallic surface revealing her face. She sits back in her seat. (She wears a grayish business suit, hair tied up) [Cut to perspective view of Jason, camera will be to his front and left] Jason adjusts himself in the chair as to make himself a little more presentable. He glares at the interviewer, then to the recorder, then back to her with a glare. (Jason however is not trying to come across as upset or angry. His defense mechanism is to look like a stone wall from prior training.) prior Imperial service Interviewer: "Okay, your name please?" [Scene cuts to interviewer in the background...
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...the photo of her friends without permission using the wrist watch camera. In the pictures, they show the neighbor relaxing and reveal a pet that is playing. She goes ahead to use the photos in her book known as the ‘My Neighbor'. On seeing this, Ms. Cluster’s neighbor sues her to the court of law for invading her private life without permission. She claims that the aim of Ms. Cluster was to invade her secret life by the photo exhibition in her book ‘My Neighbor'. Ms. Cluster claims that the photos had no justified expectation of privacy under any circumstances. She claims that the photograph did not show any intimate moments in the lives of the resident. With the case presented the judge gives the jurisdiction of the case. The modern technology has come with a lot of inventions. The wrist watch camera or the spy cameras are one of the most improved and current technology. The wrist watch camera is a fashionable watch and a surveillance device with durable materials. Its stylish design enables it to be worn in any situation. They are undetectable mini pinhole cameras that allow the device to shoot videos and cameras. The surveillance wrist watch camera is mostly used in crime investigation and business negotiation. In our case, Ms. Cluster used the device to her neighbor and captured some photos privately. The camera allows one to explore someone without their conscious or noticing. They also give room to exploit someone's private life. It is not easy to notice someone...
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...System How many times has there been an innocent person released after more than a decade of serving in prison? Does media frenzy have an effective role in matters like this? Does everybody believe in the saying “innocent until proven guilty?” With much variety of media’s entertainments, public interest, as expected, has been increased, and it is still increasing. Despite the fact that it is good for people to be aware of what is going on around them, there has to be a line to how much media can interfere into life of others. The presence of media in the courtroom assures that people would be informed of how the legal system works besides of being an observer of a fair and unbiased trail. But their presence in the courtroom with cameras, tapes, and other especial equipments would cause more harm than benefit. Freedom of speech in addition to people’s interest in drama of the courtroom stimulates media’s curiosity in legal matters, and sometimes this curiosity will defy the privacy of others. Media’s influence on public and especially on jury repeatedly has caused the change of the verdict, an example of this influence is a case from Capital Defense Network; “Conviction for murders, armed robbery and attempted rape with a punishment of death was reversed and remanded for retrial because juror read news accounts detailing defendant's prior assault of a woman with a hammer. Defendant's prior was excluded from trial because prejudice was found to be greater than probity...
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... 1. Criminal Justice Integration Paper Criminal Justice Integration 2. Introduction Learning Team A has agreed on a number of things to be discussed in our paper. Organizational structure of the criminal justice system, agency policies: inclusive of statutory authorities, budgets: projected revenue sources and expenditures, communication, technology, and cultural or sub-cultural aspects of organization. The development of improved interactions between security agencies, courts, law enforcement personnel as well as community and institutional corrections over the next 15 years need fragile focus and planning. Agency policies of each of the above organizations must cast back the certain needs of the population change. The funds of these organizations play a easily pained role in the enlarged portion of what can and cannot be given to communities. Open and close up transmission of severe information between criminal justice material could bring about problems if they are not trustworthy. They must rely on one another for support. Criminal Justice Integration 3. Organizational Structure...
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...recordings d. stenographer notes 2. Record all information that helps to answer the questions of a. Who? What? Which? When? How? and Why? b. Who? What? Where? When? How? and Why? c. Which? When? Why? Where? and How many? d. Why? When? and Why or why not? 3. When taking notes, the investigator should a. ignore unimportant items. b. write only the important items. c. learn to select key facts and record them in abbreviated form. d. never take notes but always memorize things verbatim and record them later. 4. One of the disadvantages of photographs is that a. they can be taken immediately and thus the crime scene processors have not prepared the scene. b. they are not selective. c. they are not admissible into court. d. they are only allowed in court if black and white. 5. When taking photographs/videotape, the investigator should a. take the primary points of concern or interest. b. take only those shots wanted by the prosecutor. c. examine the scene from all sides and take only the sides of the crime scene that show the best view. d. take sufficient photographs and/or videotape to reconstruct the entire scene. 6. Types of investigative photography include a. crime scene and mug shots. b. aerial, night and laboratory pictures. c. lineup photographs and those related to crime scenes. d. all of these choices. 7. Which of the following does a crime scene sketch accomplish? a....
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...Assignment 2 Student Freedoms Annette Lester Professor, Dr. Sonya S Shepherd Education and The Law July 29, 2012 Your Belongings Can Be Searched, But Not Arbitrarily When a student is under school supervision it is not required for school officials to obtain a search warrant before searching a student and no police have to be involve either for the search or seizure of a student or property. When safety is involve of the student or personnel it is the duty of the school to search a student. A warrant may protect the student and staff but as long as the school officials conduct themselves in a manner viewed reasonable, they don’t have to prove probably causes before searching a student. Searches can be justified if an official prove reasonable suspicion with evidence that the student was in violation of the law or school rules. Reasonableness is a function of whether a search was initially justified, and whether the search was related to the circumstances that called for the search in the first place. A search is not considered reasonable if it is overly intrusive with respect to a student’s age, sex and rules the student has been suspected of violating. The Fourth Amendment of the Constitution states, “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...
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...the employer’s property. Any malpractice such as breaking them or stealing them is chargeable in the court of law. Public employees expect privacy as the privacy act under the constitution guarantees them of their privacy and free from infringements, seizures or searches that are unreasoble.Thia is in accordance to the 4th amendments of the United States Constitution. The employer hence has to obtain warrant of search in the case of necessary searches (Walsh 3). Video camera from surveillance of the teacher in the locker room that was being shared by the teachers was totally unreasonable. The teachers had to prove that they expect protection of their privacy. It only a single teacher that war suspected of stealing but subjecting all of them to this infringement was unnecessary. Even though the school can prove that the videos and pictures were never looked at, the fact that they were recorded is still s subject that is unaceprtable.The plaintiffs in this case has cases to present to the courts on several counts: Invasion of their privacy, the plaintiffs can prove to the courts that the plaintiff inflicted intentional emotional distress on them and also their rights to unreasonable searches were broken. Although there is some sense in the matter that the cameras were installed to catch Helisek, the teacher who was stealing but the method used was definitely not appropriate. The court should rule in favor of the teachers and they should be compensated for the...
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...are several reasons the courts ruled in favor of the Department of Correctional Education. Ms. Singleton claimed sexual harassment against a guard at the Correctional facility, but she never made an official report to her employer, and the unwanted behavior started July 2000 and continued to October 2001. What is sexual harassment? Sexual harassment is defined as someone making unwanted sexual advances or obscene remarks (Merriam-Webster, Inc., 2012). This type harassment usually involves a woman in the workplace being harassed by a male co-worker. Ms. Singleton claims sexual harassment when a male guard from the Correctional facility made unwelcomed comments about women...
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...Pamela Hurley The opinions expressed herein are those of the authors and do not necessarily reflect those of the Department of Justice Canada or the Government of Canada. Alison Cunningham, M.A.(Crim.) Director of Research & Planning Centre for Children & Families in the Justice System Pamela Hurley, M.Ed. Director, Child Witness Project Centre for Children & Families in the Justice System Download copies of all seven handbooks in the series at: www.lfcc.on.ca Disponible également en français sous le titre « Un récit complet et franc » / Recours à des arrangements spéciaux et aux aides au témoignage pour faciliter le témoignage des enfants : Enregistrement vidéo. © 2007 Centre for Children and Families in the Justice System (London Family Court Clinic, Inc.) Library and Archives Canada Cataloguing in Publication Cunningham, Alison J., 1959A full and candid account : using special accommodations and testimonial aids to facilitate the testimony of children / by Alison Cunningham and Pamela Hurley. Includes bibliographical references. Contents: book 1. Overview of issues related to child testimony – book 2. Testimony outside the courtroom – book 3. Witness screens – book 4. Video-recorded evidence – book 5. Designated support person – book 6. Hearsay evidence and children – book 7. Children & teenagers testifying in domestic violence cases. Text in English and French, on inverted pages. ISBN 978-1-895953-34-3 (v. 1).–ISBN 978-1895953-35-0 (v. 2).–ISBN 978-1-895953-36-7 (v. 3).–ISBN...
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...The Cameras. Have you ever received a ticket for running a red light? If not, maybe you know someone who has, or you’ve witnessed that flash of light going off while sitting at an intersection. Either way you’re not alone, hundreds of U.S. citizens fall victim to red light camera tickets daily. Imagine you’re driving home from a hard day of work, and you have been driving the same exact route for the last seven years without receiving a red light camera citation. One day to your surprise you open the mail and find not one, but four separate tickets for rolling through a right turn on red. You begin to get a sick feeling in your stomach when you realize that each ticket is going to cost you 100 dollars. Sounds horrible, right? This is a true story that happened to a women named Oumou Wague, from Chicago. “I was stunned,” the 42 year old hair salon owner said in an interview. “I knew right away there was something wrong. I knew that camera was broken, but you can’t fight City Hall- and that is a fact.”(Kidwell and Richards). Like many other stories out there, Wague was caught by a faulty camera system. After averaging just three tickets a day, the camera that caught her was suddenly averaging 33 tickets per day, then out of nowhere the ticket spree ended (Kidwell and Richards). Many question whether or not these red light camera systems were malfunctioning or being tinkered with by local authorities. Instead of increasing safer driving conditions, the use of red light camera enforcement...
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...trends in law enforcement will be discussed. Also, the budgetary and managerial will also be discussed. These things are important in all areas of criminal justice. The way that the criminal justice system changes from the past to the present has had a big impact on the way the criminal justice system is. Changes that were in the past had an impact on the present as changes in the present will have an impact on the future. The changes that will be in the future will also have a big impact on the criminal justice system. With changes, no matter how big or how small always has impact to the upcoming years. When it comes to the criminal justice system, it does not matter if it is in law enforcement, (police, detectives, or any other), courts (judges or lawyers), or even corrections, they are all important. They all have a big impact on the criminal justice system and how it is ran. There are different types or jobs of law enforcement. Some of these jobs are: * Uniformed police officers * Sheriffs and deputy sheriffs * State police, also known as state troopers or highway patrol officers. * Detectives Just to name a few. They are all important to the past, present, and future of the criminal justice system. They all had important jobs in the past and they still have important jobs in the present. Their jobs will be just as important in the future. Even though things change with the times, the jobs of law enforcement will also have an impact on how things...
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...person’s reputation by creating a pre-assumed perception of guilt or innocence, before, or after a case goes to court. This pre-assumed perception gives the general public, potential jury members, an impartial view on a court case, overall, influencing the system of American justice. This injustice, especially in high profile cases, happens when jury members, sometimes court officials, simply want to gain their “five seconds of fame.” Now an additional problem lies within the simple, yet complex, fight between the right of free press and the right to an impartial jury. Let’s face it, there is no such concept as an impartial jury, simply due to the media attention that trials receive these days. Within this main problem, lies many problems that interfere with the American idea of justice. Are we craving, and striving to find entertainment, or justice? One problem that stems from media that could possibly add to jury bias and court outcomes, it is what lawyers refer to as the “CSI Effect.” Named after the hit television show, this phenomenon describes the distorted view crime investigation shows cast upon forensics and criminal evidence. If a juror is an avid fan of CSI, then the case they are apart of, better be as “realistic” as CSI. This distorted view influences the outcome of a court case, simply because these television shows are giving us an unrealistic view of the court process and the American justice system. The general public needs to face it, the real...
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