...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 to “crack” the will of suspects. The bright-line rule prevents police coercion while still allowing police pressure. During custodial...
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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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...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis...
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...are sometimes given a lie detector test to encourage them to confess. * The tests provide more information about their guilt or innocence. * They conflict with some psychological findings about their accuracy. * Sometimes they are submitted into evidence. * Many psychologists question the validity of the test. The police interrogate suspects and encourage them to confess because the confessions make it more likely that suspects will successfully prosecute and eventually convicted the suspects. Psychological finding often conflict with the courts evaluations of a voluntary confession. There is some evidence psychological characteristics are linked to behavioral patterns and they can be detected by a psychological analysis of crime scenes. * Criminal profiling is used to narrow criminal investigations to suspects who possess certain behavioral and personality features that were relived by the way the crime was committed. * Profiling does not identify a specific suspect * It does offer general psychological description of the most likely type of suspect. Like the personality or behavioral characteristics so the police is able to concentrate on the most...
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...discuss some important ethical issues impacting organizations today like confidentiality and environment, health, and safety policy. To wrap it up there will be some cases discussing the seven ethical approaches. Abstract…………………………………………………………………………………………2 Table of Contents………………………………………………………………………............3 Introduction……………………………………………………………………………………..4 Part I. My Professional Code of Ethics…………………………………………………………5 My Code of Ethics My Touchstones My Approach to Avoiding Faulty Thinking My Personal Approach to Four Major Ethical Dilemmas My Policy as a Supervisor or Manager Part II. Two Primary Ethical Issues Impacting Organizations………………………………….8 Environment, Health and Safety Policy Confidentiality Part III. Case Analysis………………………………………………………………………....10 Quality Management: Signing Off on a Substandard Product AutoZone Conclusion……………………………………………………………………………………...14 Introduction Everyone’s moral code is different because of their upbringing and life experiences. Your own moral code is very important because you need to have a personal code you go by to make important decisions in your life or ones that affect people around you. A moral code will be defined by my own interpretation in this paper. I will also be discussing other ethical approaches that I base my code off of as well. Part I. Professional Code of Ethics My Code of Ethics Your own code of ethics is always unique, but it often has a basis of some common...
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...Running Head: MHE505 MODULE 1 – CASE ASSIGNMENT Question 1: Global definitions of terrorism are presented in the background reading. Provide a critique of these definitions. What would you propose as a global definition of terrorism? |To Define Terrorism | |Debate over what constitutes a terrorist or a terrorist assault occurs with each mass violent attack. In remarks to the Center for | |International Policy in Washington DC, on November 2001, former Ambassador Keeley (2002) discussed the necessity to define | |terrorism, and illustrated the challenge of constructing a definition that can be applied steadily. (Keeley, 2002) Thirteen years | |later six different U.S. government agencies have differing definition of Terrorism, and there is no consensus on a definition. | | | |Critique of Definitions of Terrorism | |Although the wording used in the within the definitions varies, there are key words each of the agencies emphasize. The U.S. Code | |Of Federal Regulation does not distinguish between a government and sub national group who uses terrorism as a method. United | |States Code Title...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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...Copyright © The British Psychological Society Reproduction in any form (including the internet) is prohibited without prior permission from the Society 57 Legal and Criminological Psychology (2010), 15, 57–75 q 2010 The British Psychological Society The British Psychological Society www.bpsjournals.co.uk The truth about lies: What works in detecting high-stakes deception? Stephen Porter* and Leanne ten Brinke University of British Columbia Okanagan, Kelowna, British Columbia, Canada In this paper, we provide our view of the current understanding of high-stakes lies often occurring in forensic contexts. We underscore the importance of avoiding widespread pitfalls of deception detection and challenging prevailing assumptions concerning strategies for catching liars. The promise and limitations of each of non-verbal/body language, facial, verbal/linguistic, and physiological channels in detecting deception are discussed. In observing the absence of a single cue or behavioural channel that consistently reveals deception, a holistic approach with concurrent attention to multiple channels of a target’s behaviour (ideally videotaped for review) and changes from baseline behaviour is recommended whenever possible. Among the best-validated cues to be considered together include: illustrators, blink and pause rate, speech rate, vague descriptions, repeated details, contextual embedding, reproduction of conversations, and emotional ‘leakage’ in the face. While...
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...FRAUD BASICS WHAT IS FRAUD? Fraud, sometimes referred to as the fraudulent act, is an intentional deception, whether by omission or commission, that causes its victim to suffer an economic loss and/or the perpetrator to realize a gain. A simple working definition of fraud is theft by deception. Legal Elements of Fraud Under common law, fraud includes four essential elements: 1. A material false statement 2. Knowledge that the statement was false when it was spoken 3. Reliance on the false statement by the victim 4. Damages resulting from the victim’s reliance on the false statement In the broadest sense, fraud can encompass any crime for gain that uses deception as its principal technique. This deception is implemented through fraud schemes: specific methodologies used to commit and conceal the fraudulent act. There are three ways to relieve a victim of money illegally: force, trickery, or larceny. Those offenses that employ trickery are frauds. The legal definition of fraud is the same whether the offense is criminal or civil; the difference is that criminal cases must meet a higher burden of proof. For example, let’s assume an employee who worked in the warehouse of a computer manufacturer stole valuable computer chips when no one was looking and resold them to a competitor. This conduct is certainly illegal, but what law has the employee broken? Has he committed fraud? The answer, of course, is that it depends. Let us briefly review the legal ramifications...
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...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. ( 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call...
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...Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice, Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal administration, with its emphasis on the rights of the individual, and the "Crime Control Model," which sees the regulation of criminal conduct as the most important function of the judicial system. T wo models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought, nor are they to be taken in that sense. Rather, they represent an attempt to abstract two separate value systems that compete for priority in the operation of the criminal process. Neither is presented as either corresponding to reality or representing the ideal to the exclusion of the other. The two models merely afford a convenient way to talk about the operation of a process whose day-to-day functioning involves a constant series of minute adjustments between the competing demands of two value systems and whose normative future likewise involves a series of resolutions of the tensions between competing claims. I call these two...
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...reframed soft power — specifically the key notion of attraction — as a narrative and linguistic process. This literature, however, has downplayed some of the other deep-seated underpinnings of soft power, which this article argues lie in the dynamics of affect. Building upon the International Relations affect and aesthetics literatures, this article develops the concept of soft power as rooted in the political dynamics of emotion and introduces the concept of affective investment. The attraction of soft power stems not only from its cultural influence or narrative construction, but more fundamentally from audiences’ affective investments in the images of identity that it produces. The empirical import of these ideas is offered in an analysis of the construction of American attraction in the war on terror. Keywords Affect, discourse, emotion, narrative, Nye, soft power Introduction In her confirmation hearings in January 2009 before the US Senate Foreign Relations Committee, Secretary of State Hillary Clinton argued that to deal with a multiplicity of pressing global issues, the US ‘must...
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...security conferences to tell audiences that 'they should do' this, and 'should do' that. The word 'should' is regularly thrown about as some jumbled-up mixture of efficiency and ethics, without any justification of the imperative. This paper will concentrate on the ethical issues, and so it will quickly dispose of 'efficiency,' leaving detailed argument for another time. Then, taking the devil's advocate position, it will focus on demolishing the certainty behind the ethical obligation, by questioning the role of ethics in society in general, but specifically in computer security. Indeed this paper will claim that an unsuspected morality and ritual lies behind many real-world security choices and much so-called 'objective' academic analysis. Furthermore, it will propose that such moralistic positions are highly problematic, and that all recommendations phrased in terms of virtue rather than pragmatism be treated as highly suspect. This polemical paper formed the basis of a keynote address given at the 5th Computer Security Conference, held in Las Vegas on the 20th-21st April 2006. 4 Angell, JISSec adfh The quest for efficiency, where any form of redundancy is viewed as 'inefficiency to be eliminated,' is a perverse and decadent view. It was anticipated by Northcote Parkinson (1986), when he warned that "perfection in planning is a symptom of decay." Efficiency is bad for business. In Darwinian terms (Darwin, 2003), efficiency optimizes a species to...
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...computer security conferences to tell audiences that 'they should do' this, and 'should do' that. The word 'should' is regularly thrown about as some jumbled-up mixture of efficiency and ethics, without any justification of the imperative. This paper will concentrate on the ethical issues, and so it will quickly dispose of 'efficiency,' leaving detailed argument for another time. Then, taking the devil's advocate position, it will focus on demolishing the certainty behind the ethical obligation, by questioning the role of ethics in society in general, but specifically in computer security. Indeed this paper will claim that an unsuspected morality and ritual lies behind many real-world security choices and much so-called 'objective' academic analysis. Furthermore, it will propose that such moralistic positions are highly problematic, and that all recommendations phrased in terms of virtue rather than pragmatism be treated as highly suspect. This polemical paper formed the basis of a keynote address given at the 5th Computer Security Conference, held in Las Vegas on the 20th-21st April 2006. 4 Angell, JISSec adfh The quest for efficiency, where any form of redundancy is viewed as 'inefficiency to be eliminated,' is a perverse and decadent view. It was anticipated by Northcote Parkinson (1986), when he warned that "perfection in planning is a symptom of decay." Efficiency is bad for business. In Darwinian terms (Darwin, 2003), efficiency optimizes a species to a niche, and when...
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...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...
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