Free Essay

Nix vs William

In:

Submitted By Georg412
Words 5147
Pages 21
Citation. 467 U.S. 431, 104 S. Ct. 2501, 81 L. Ed. 2d 377 (1984) Parties: NIX, WARDEN OF THE IOWA STATE PENITENTIARY v. WILLIAMS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Brief Fact Summary. Williams was arrested for the murder of a 10 year old girl whose body he disposed of along a gravel road. State law enforcement officials engaged in a search for the child’s body. During the search, in response to an officer’s appeal for assistance, Williams made statements to the police (without an attorney present) which helped lead them to the body. Williams was only read his Miranda rights after he was arrested.

Synopsis of Rule of Law. This case introduces the inevitable discovery doctrine, which postulates that if evidence will be inevitably discovered, the method in which it is obtained is not important.

Facts. Defendant, Williams was arrested and read his rights for the murder of a child after he led law enforcement officials to the body of the child by making statements, in passing, to officials who were conducting the search. While the statements Williams made were not allowed as evidence against him at trial, the body of the child, as well as photographic and medical and chemical test information was admitted. At trial of the matter, the court concluded that, even if Williams had not made the statements to police, the body of the child would have been found within a reasonable time, and that evidence could still be used.

Issue. Whether evidence, which ultimately results in arrest, should be excluded from trial because it was improperly obtained.
Held. Under the inevitable discovery doctrine, because the evidence would have been discovered within a short period of time, the method in which it was obtained became irrelevant and it was still allowed against the defendant.

Dissent. Justice Brennan dissented, noting that the inevitable discovery rule relies on a hypothetical scenario in which the evidence may or may not have been found and, because it was not found by legal means, it was still unconstitutionally obtained.

Concurrence. Justices Stevens and White Concurred, maintaining the same holding.

Discussion. When evidence will inevitably be found in the course of an investigation, it is not unconstitutionally obtained if it is found sooner by other means.

Legal Analysis. CHIEF JUSTICE BURGER delivered the opinion of the Court.
We granted certiorari to consider whether, at respondent Williams' second murder trial in state court, evidence pertaining to the discovery and condition of the victim's body was properly admitted on the ground that it would ultimately or inevitably have been discovered even if no violation of any constitutional or statutory provision had taken place. I A
On December 24, 1968, 10-year-old Pamela Powers disappeared from a YMCA building in Des Moines, Iowa, where she had accompanied her parents to watch an athletic contest. Shortly after she disappeared, Williams was seen leaving the YMCA carrying a large bundle wrapped in a blanket; a 14-year-old boy who had helped Williams open his car door reported that he had seen "two legs in it and they were skinny and white."
Williams' car was found the next day 160 miles east of Des Moines in Davenport, Iowa. Later several items of clothing belonging to the child, some of Williams' clothing, and an army blanket like the one used to wrap the bundle that Williams carried out of the YMCA were found at a rest stop on [467 U.S. 431, 435] Interstate 80 near Grinnell, between Des Moines and Davenport. A warrant was issued for Williams' arrest.
Police surmised that Williams had left Pamela Powers or her body somewhere between Des Moines and the Grinnell rest stop where some of the young girl's clothing had been found. On December 26, the Iowa Bureau of Criminal Investigation initiated a large-scale search. Two hundred volunteers divided into teams began the search 21 miles east of Grinnell, covering an area several miles to the north and south of Interstate 80. They moved westward from Poweshiek County, in which Grinnell was located, into Jasper County. Searchers were instructed to check all roads, abandoned farm buildings, ditches, culverts, and any other place in which the body of a small child could be hidden.
Meanwhile, Williams surrendered to local police in Davenport, where he was promptly arraigned. Williams contacted a Des Moines attorney who arranged for an attorney in Davenport to meet Williams at the Davenport police station. Des Moines police informed counsel they would pick Williams up in Davenport and return him to Des Moines without questioning him. Two Des Moines detectives then drove to Davenport, took Williams into custody, and proceeded to drive him back to Des Moines.
During the return trip, one of the policemen, Detective Leaming, began a conversation with Williams, saying:
"I want to give you something to think about while we're traveling down the road. . . . They are predicting several inches of snow for tonight, and I feel that you yourself are the only person that knows where this little girl's body is . . . and if you get a snow on top of it you yourself may be unable to find it. And since we will be going right past the area [where the body is] on the way into Des Moines, I feel that we could stop and locate the body, that the parents of this little girl should be entitled to a Christian burial for the little girl who was snatched away from them on Christmas [E]ve and murdered. . . . [467 U.S. 431, 436] [A]fter a snow storm [we may not be] able to find it at all."
Leaming told Williams he knew the body was in the area of Mitchellville - a town they would be passing on the way to Des Moines. He concluded the conversation by saying: "I do not want you to answer me. . . . Just think about it . . . ."
Later, as the police car approached Grinnell, Williams asked Leaming whether the police had found the young girl's shoes. After Leaming replied that he was unsure, Williams directed the police to a point near a service station where he said he had left the shoes; they were not found. As they continued the drive to Des Moines, Williams asked whether the blanket had been found and then directed the officers to a rest area in Grinnell where he said he had disposed of the blanket; they did not find the blanket. At this point Leaming and his party were joined by the officers in charge of the search. As they approached Mitchellville, Williams, without any further conversation, agreed to direct the officers to the child's body.
The officers directing the search had called off the search at 3 p. m., when they left the Grinnell Police Department to join Leaming at the rest area. At that time, one search team near the Jasper County-Polk County line was only two and one-half miles from where Williams soon guided Leaming and his party to the body. The child's body was found next to a culvert in a ditch beside a gravel road in Polk County, about two miles south of Interstate 80, and essentially within the area to be searched.
B
First Trial
In February 1969 Williams was indicted for first-degree murder. Before trial in the Iowa court, his counsel moved to suppress evidence of the body and all related evidence including the condition of the body as shown by the autopsy. The ground for the motion was that such evidence was the "fruit" [467 U.S. 431, 437] or product of Williams' statement made during the automobile ride from Davenport to Des Moines and prompted by Leaming's statements. The motion to suppress was denied.
The jury found Williams guilty of first-degree murder; the judgment of conviction was affirmed by the Iowa Supreme Court. State v. Williams, 182 N. W. 2d 396 (1970). Williams then sought release on habeas corpus in the United States District Court for the Southern District of Iowa. That court concluded that the evidence in question had been wrongly admitted at Williams' trial, Williams v. Brewer, 375 F. Supp. 170 (1974); a divided panel of the Court of Appeals for the Eighth Circuit agreed. 509 F.2d 227 (1974).
We granted certiorari, 423 U.S. 1031 (1975), and a divided Court affirmed, holding that Detective Leaming had obtained incriminating statements from Williams by what was viewed as interrogation in violation of his right to counsel. Brewer v. Williams, 430 U.S. 387 (1977). This Court's opinion noted, however, that although Williams' incriminating statements could not be introduced into evidence at a second trial, evidence of the body's location and condition "might well be admissible on the theory that the body would have been discovered in any event, even had incriminating statements not been elicited from Williams." Id., at 407, n. 12.
C
Second Trial
At Williams' second trial in 1977 in the Iowa court, the prosecution did not offer Williams' statements into evidence, nor did it seek to show that Williams had directed the police to the child's body. However, evidence of the condition of her body as it was found, articles and photographs of her clothing and the results of post mortem medical and chemical tests on the body were admitted. The trial court concluded that the State had proved by a preponderance of the evidence that, if the search had not been suspended and Williams had not led the police to the victim, her body would have been [467 U.S. 431, 438] discovered "within a short time" in essentially the same condition as it was actually found. The trial court also ruled that if the police had not located the body, "the search would clearly have been taken up again where it left off, given the extreme circumstances of this case and the body would [have] been found in short order." App. 86 (emphasis added).
In finding that the body would have been discovered in essentially the same condition as it was actually found, the court noted that freezing temperatures had prevailed and tissue deterioration would have been suspended. Id., at 87. The challenged evidence was admitted and the jury again found Williams guilty of first-degree murder; he was sentenced to life in prison.
On appeal, the Supreme Court of Iowa again affirmed. 285 N. W. 2d 248 (1979). That court held that there was in fact a "hypothetical independent source" exception to the exclusionary rule:
"After the defendant has shown unlawful conduct on the part of the police, the State has the burden to show by a preponderance of the evidence that (1) the police did not act in bad faith for the purpose of hastening discovery of the evidence in question, and (2) that the evidence in question would have been discovered by lawful means." Id., at 260.
As to the first element, the Iowa Supreme Court, having reviewed the relevant cases, stated:
"The issue of the propriety of the police conduct in this case, as noted earlier in this opinion, has caused the closest possible division of views in every appellate court which has considered the question. In light of the legitimate disagreement among individuals well versed in the law of criminal procedure who were given the opportunity for calm deliberation, it cannot be said that the actions of the police were taken in bad faith." Id., at 260-261. [467 U.S. 431, 439]
The Iowa court then reviewed the evidence de novo 1 and concluded that the State had shown by a preponderance of the evidence that, even if Williams had not guided police to the child's body, it would inevitably have been found by lawful activity of the search party before its condition had materially changed.
In 1980 Williams renewed his attack on the state-court conviction by seeking a writ of habeas corpus in the United States District Court for the Southern District of Iowa. The District Court conducted its own independent review of the evidence and concluded, as had the state courts, that the body would inevitably have been found by the searchers in essentially the same condition it was in when Williams led police to its discovery. The District Court denied Williams' petition. 528 F. Supp. 664 (1981).
The Court of Appeals for the Eighth Circuit reversed, 700 F.2d 1164 (1983); an equally divided court denied rehearing en banc. Id., at 1175. That court assumed, without deciding, that there is an inevitable discovery exception to the exclusionary rule and that the Iowa Supreme Court correctly stated that exception to require proof that the police did not act in bad faith and that the evidence would have been discovered absent any constitutional violation. In reversing the District Court's denial of habeas relief, the Court of Appeals stated:
"We hold that the State has not met the first requirement. It is therefore unnecessary to decide whether the state courts' finding that the body would have been discovered anyway is fairly supported by the record. It is also unnecessary to decide whether the State must prove the two elements of the exception by clear and [467 U.S. 431, 440] convincing evidence, as defendant argues, or by a preponderance of the evidence, as the state courts held.
"The state trial court, in denying the motion to suppress, made no finding one way or the other on the question of bad faith. Its opinion does not even mention the issue and seems to proceed on the assumption - contrary to the rule of law later laid down by the Supreme Court of Iowa - which the State needed to show only that the body would have been discovered in any event. The Iowa Supreme Court did expressly address the issue . . . and a finding by an appellate court of a state is entitled to the same presumption of correctness that attaches to trial-court findings under 28 U.S.C. 2254(d). . . . We conclude, however, that the state Supreme Court's finding that the police did not act in bad faith is not entitled to the shield of 2254(d) . . . ." Id., at 1169-1170 (footnotes omitted).
We granted the State's petition for certiorari, 461 U.S. 956 (1983), and we reverse.
II
A
The Iowa Supreme Court correctly stated that the "vast majority" of all courts, both state and federal, recognize an inevitable discovery exception to the exclusionary rule. 2 We [467 U.S. 431, 441] are now urged to adopt and apply the so-called ultimate or inevitable discovery exception to the exclusionary rule.
Williams contends that evidence of the body's location and condition is "fruit of the poisonous tree," I. e., the "fruit" or product of Detective Leaming's plea to help the child's parents give her "a Christian burial," which this Court had already held equated to interrogation. He contends that admitting the challenged evidence violated the Sixth Amendment whether it would have been inevitably discovered or not. Williams also contends that, if the inevitable discovery doctrine is constitutionally permissible, it must include a threshold showing of police good faith.
B
The doctrine requiring courts to suppress evidence as the tainted "fruit" of unlawful governmental conduct had its genesis in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920); there, the Court held that the exclusionary rule applies not only to the illegally obtained evidence itself, but also to other incriminating evidence derived from the primary evidence. The holding of Silverthorne was carefully limited, however, for the Court emphasized that such information does not automatically become "sacred and inaccessible." Id., at 392.
"If knowledge of [such facts] is gained from an independent source, they may be proved like any others . . . ." Ibid. (emphasis added).
Wong Sun v. United States, 371 U.S. 471 (1963), extended the exclusionary rule to evidence that was the indirect product or "fruit" of unlawful police conduct, but there again the Court emphasized that evidence that has been illegally obtained need not always be suppressed, stating: [467 U.S. 431, 442]
"We need not hold that all evidence is `fruit of the poisonous tree' simply because it would not have come to light but for the illegal actions of the police. Rather, the more apt question in such a case is `whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint.'" Id., at 487-488 (emphasis added) (quoting J. Maguire, Evidence of Guilt 221 (1959)).
The Court thus pointedly negated the kind of good-faith requirement advanced by the Court of Appeals in reversing the District Court.
Although Silverthorne and Wong Sun involved violations of the Fourth Amendment, the "fruit of the poisonous tree" doctrine has not been limited to cases in which there has been a Fourth Amendment violation. The Court has applied the doctrine where the violations were of the Sixth Amendment, see United States v. Wade, 388 U.S. 218 (1967), as well as of the Fifth Amendment. 3
The core rationale consistently advanced by this Court for extending the exclusionary rule to evidence that is the fruit of unlawful police conduct has been that this admittedly drastic and socially costly course is needed to deter police from [467 U.S. 431, 443] violations of constitutional and statutory protections. This Court has accepted the argument that the way to ensure such protections is to exclude evidence seized as a result of such violations notwithstanding the high social cost of letting persons obviously guilty go unpunished for their crimes. On this rationale, the prosecution is not to be put in a better position than it would have been in if no illegality had transpired.
By contrast, the derivative evidence analysis ensures that the prosecution is not put in a worse position simply because of some earlier police error or misconduct. The independent source doctrine allows admission of evidence that has been discovered by means wholly independent of any constitutional violation. That doctrine, although closely related to the inevitable discovery doctrine, does not apply here; Williams' statements to Leaming indeed led police to the child's body, but that is not the whole story. The independent source doctrine teaches us that the interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred. 4 See Murphy v. Waterfront Comm'n of New York Harbor, 378 U.S. 52, 79 (1964); Kastigar v. United States, 406 U.S. 441, 457 , 458-459 (1972). When the challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation. There [467 U.S. 431, 444] is a functional similarity between these two doctrines in that exclusion of evidence that would inevitably have been discovered would also put the government in a worse position, because the police would have obtained that evidence if no misconduct had taken place. Thus, while the independent source exception would not justify admission of evidence in this case, its rationale is wholly consistent with and justifies our adoption of the ultimate or inevitable discovery exception to the exclusionary rule.
It is clear that the cases implementing the exclusionary rule "begin with the premise that the challenged evidence is in some sense the product of illegal governmental activity." United States v. Crews, 445 U.S. 463, 471 (1980) (emphasis added). Of course, this does not end the inquiry. If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means - here the volunteers' search - then the deterrence rationale has so little basis that the evidence should be received. 5 Anything less would reject logic, experience, and common sense. [467 U.S. 431, 445]
The requirement that the prosecution must prove the absence of bad faith, imposed here by the Court of Appeals, would place courts in the position of withholding from juries relevant and undoubted truth that would have been available to police absent any unlawful police activity. Of course, that view would put the police in a worse position than they would have been in if no unlawful conduct had transpired. And, of equal importance, it wholly fails to take into account the enormous societal cost of excluding truth in the search for truth in the administration of justice. Nothing in this Court's prior holdings supports any such formalistic, pointless, and punitive approach.
The Court of Appeals concluded, without analysis, that if an absence-of-bad-faith requirement were not imposed, "the temptation to risk deliberate violations of the Sixth Amendment would be too great, and the deterrent effect of the Exclusionary Rule reduced too far." 700 F.2d, at 1169, n. 5. We reject that view. A police officer who is faced with the opportunity to obtain evidence illegally will rarely, if ever, be in a position to calculate whether the evidence sought would inevitably be discovered. Cf. United States v. Ceccolini, 435 U.S. 268, 283 (1978):
"[T]he concept of effective deterrence assumes that the police officer consciously realizes the probable consequences of a presumably impermissible course of conduct" (opinion concurring in judgment).
On the other hand, when an officer is aware that the evidence will inevitably be discovered, he will try to avoid engaging in [467 U.S. 431, 446] any questionable practice. In that situation, there will be little to gain from taking any dubious "shortcuts" to obtain the evidence. Significant disincentives to obtaining evidence illegally - including the possibility of departmental discipline and civil liability - also lessen the likelihood that the ultimate or inevitable discovery exception will promote police misconduct. See Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 397 (1971). In these circumstances, the societal costs of the exclusionary rule far outweigh any possible benefits to deterrence that a good-faith requirement might produce.
Williams contends that because he did not waive his right to the assistance of counsel, the Court may not balance competing values in deciding whether the challenged evidence was properly admitted. He argues that, unlike the exclusionary rule in the Fourth Amendment context, the essential purpose of which is to deter police misconduct, the Sixth Amendment exclusionary rule is designed to protect the right to a fair trial and the integrity of the fact-finding process. Williams contends that, when those interests are at stake, the societal costs of excluding evidence obtained from responses presumed involuntary are irrelevant in determining whether such evidence should be excluded. We disagree.
Exclusion of physical evidence that would inevitably have been discovered adds nothing to either the integrity or fairness of a criminal trial. The Sixth Amendment right to counsel protects against unfairness by preserving the adversary process in which the reliability of proffered evidence may be tested in cross-examination. See United States v. Ash, 413 U.S. 300, 314 (1973); Schneckloth v. Bustamonte, 412 U.S. 218, 241 (1973). Here, however, Detective Leaming's conduct did nothing to impugn the reliability of the evidence in question - the body of the child and its condition as it was found, articles of clothing found on the body, and the autopsy. No one would seriously contend that the presence of counsel in the police car when Leaming appealed to Williams' [467 U.S. 431, 447] decent human instincts would have had any bearing on the reliability of the body as evidence. Suppression, in these circumstances, would do nothing whatever to promote the integrity of the trial process, but would inflict a wholly unacceptable burden on the administration of criminal justice.
Nor would suppression ensure fairness on the theory that it tends to safeguard the adversary system of justice. To assure the fairness of trial proceedings, this Court has held that assistance of counsel must be available at pretrial confrontations where "the subsequent trial [cannot] cure a[n otherwise] one-sided confrontation between prosecuting authorities and the unconcealed defendant." United States v. Ash, supra, at 315. Fairness can be assured by placing the State and the accused in the same positions they would have been in had the impermissible conduct not taken place. However, if the government can prove that the evidence would have been obtained inevitably and, therefore, would have been admitted regardless of any overreaching by the police, there is no rational basis to keep that evidence from the jury in order to ensure the fairness of the trial proceedings. In that situation, the State has gained no advantage at trial and the defendant has suffered no prejudice. Indeed, suppression of the evidence would operate to undermine the adversary system by putting the State in a worse position than it would have occupied without any police misconduct. Williams' argument that inevitable discovery constitutes impermissible balancing of values is without merit.
More than a half century ago, Judge, later Justice, Cardozo made his seminal observation that under the exclusionary rule "[t]he criminal is to go free because the constable has blundered." People v. Defore, 242 N. Y. 13, 21, 150 N. E. 585, 587 (1926). Prophetically, he went on to consider "how far-reaching in its effect upon society" the exclusionary rule would be when
"[t]he pettiest peace officer would have it in his power through over zeal or indiscretion to confer immunity upon [467 U.S. 431, 448] an offender for crimes the most flagitious." Id., at 23, 150 N. E., at 588.
Someday, Cardozo speculated, some court might press the exclusionary rule to the outer limits of its logic - or beyond - and suppress evidence relating to the "body of a murdered" victim because of the means by which it was found. Id., at 23-24, 150 N. E., at 588. Cardozo's prophecy was fulfilled in Killough v. United States, 114 U.S. App. D.C. 305, 309, 315 F.2d 241, 245 (1962) (en banc). But when, as here, the evidence in question would inevitably have been discovered without reference to the police error or misconduct, there is no nexus sufficient to provide a taint and the evidence is admissible.
C
The Court of Appeals did not find it necessary to consider whether the record fairly supported the finding that the volunteer search party would ultimately or inevitably have discovered the victim's body. However, three courts independently reviewing the evidence have found that the body of the child inevitably would have been found by the searchers. Williams challenges these findings, asserting that the record contains only the "post hoc rationalization" that the search efforts would have proceeded two and one-half miles into Polk County where Williams had led police to the body.
When that challenge was made at the suppression hearing preceding Williams' second trial, the prosecution offered the testimony of Agent Ruxlow of the Iowa Bureau of Criminal Investigation. Ruxlow had organized and directed some 200 volunteers who were searching for the child's body. Tr. of Hearings on Motion to Suppress in State v. Williams, No. CR 55805, p. 34 (May 31, 1977). The searchers were instructed "to check all the roads, the ditches, any culverts . . . . If they came upon any abandoned farm buildings, they were instructed to go onto the property and search those abandoned farm buildings or any other places where a [467 U.S. 431, 449] small child could be secreted." Id., at 35. Ruxlow testified that he marked off highway maps of Poweshiek and Jasper Counties in grid fashion, divided the volunteers into teams of four to six persons, and assigned each team to search specific grid areas. Id., at 34. Ruxlow also testified that, if the search had not been suspended because of Williams' promised cooperation, it would have continued into Polk County, using the same grid system. Id., at 36, 39-40. Although he had previously marked off into grids only the highway maps of Poweshiek and Jasper Counties, Ruxlow had obtained a map of Polk County, which he said he would have marked off in the same manner had it been necessary for the search to continue. Id., at 39.
The search had commenced at approximately 10 a. m. and moved westward through Poweshiek County into Jasper County. At approximately 3 p. m., after Williams had volunteered to cooperate with the police, Detective Leaming, who was in the police car with Williams, sent word to Ruxlow and the other Special Agent directing the search to meet him at the Grinnell truck stop and the search was suspended at that time. Id., at 51-52. Ruxlow also stated that he was "under the impression that there was a possibility" that Williams would lead them to the child's body at that time. Id., at 61. The search was not resumed once it was learned that Williams had led the police to the body, id., at 57, which was found two and one-half miles from where the search had stopped in what would have been the easternmost grid to be searched in Polk County, id., at 39. There was testimony that it would have taken an additional three to five hours to discover the body if the search had continued, id., at 41; the body was found near a culvert, one of the kinds of places the teams had been specifically directed to search.
On this record it is clear that the search parties were approaching the actual location of the body, and we are satisfied, along with three courts earlier, that the volunteer search teams would have resumed the search had Williams [467 U.S. 431, 450] not earlier led the police to the body and the body inevitably would have been found. The evidence asserted by Williams as newly discovered, i. e., certain photographs of the body and deposition testimony of Agent Ruxlow made in connection with the federal habeas proceeding, does not demonstrate that the material facts were inadequately developed in the suppression hearing in state court or that Williams was denied a full, fair, and adequate opportunity to present all relevant facts at the suppression hearing. 6
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. 7
It is so ordered. Reference:
• http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=467&invol=431 retrieved online August 7,2013.
• supreme.justia.com/us/467/431/case.html retrieved online August 7,2013.
• www.oyez.org/cases/1980-1989/1983/1983_82_1651 retrieved online August 7,2013.
• www.slu.edu/Documents/law/PLR/.../PLR28-2_McInnis_Article.pdf‎ retrieved online August 7,2013.

Similar Documents

Free Essay

Services

...Services in Your Area CIS 505 Communication Technology Professor: Strayer University Abstract This paper describes the different high speed internet providers in my community, such as DSL and Cable services. 1. Identify the Digital Subscriber Line (DSL) and cable modem services reference in this assignment and the region(s) in which they operate. Both Comcast cable, which provides internet via a cable modem, and Verizon DSL, which provides service via a telephone line, service Chesterfield, Virginia. (Verizon) (Comcast) DSL requires the user to connect to the internet via a modem, which converts digital data to an analog signal so it is able to transverse across phone lines. This service provides a high speed link to the internet. (Stallings) Verizon, at the present time is slowly moving away from DSL and into FiOS (Fiber Optic Service), which is being marketed as a much faster service than the traditional DSL; this is so that Verizon can compete with cable. Verizon has stated that they are also going to be raising the rates for existing DSL users to force them into upgrading to FiOS. Comcast cable also provides a high speed cable internet service which requires a modem as well, but instead of working over telephone wires it works over the cable wires that provide television service. Both Verizon and Comcast offer Wi-Fi services, which means a customer, can connect to the internet from anywhere, and are not just limited to the home. Wi-Fi uses radio technology...

Words: 1397 - Pages: 6

Premium Essay

Exclusionary Rule Evaluation

...Amendment in the Bill of Rights bound to self-incrimination. This rule also assures the right to counsel (Carrie). The exclusionary rule has 3 elements: unlawful act did by an officer or a person who acts as an agent or police, secured evidence, and informal link between the criminal action and the substantiation secured. There are three exceptions to the exclusionary rule. First is the Independent Source Doctrine which was made in 1984 during the Supreme Court case of Segura and Colon v U.S. This exception is where evidence is apprehended in two different substantial ways meaning the first attempt is illegal and the second seizure is legal. The second exception Inevitable Discovery Doctrine in 1984 supplemented through the case of Nix vs. Williams. This exclusion affirms that the confirmation is detained in two dissimilar customs, but only one being objective. The evidence is held physically by illegitimate ways, but there is also a hypothetical seizure of the facts that would not have been unlawful. The...

Words: 924 - Pages: 4

Premium Essay

Authority on Cyber Warfare

...Authority on cyber warfare As we approach a new generation of warfare, we face new problems. Each generation before us has shown that there are continued advancements in warfare technology and with new technology there are different guidelines and terms of use in concordance with international law. The art of war has not changed since the beginning of time. Yes, there are new weapons, but the content for the most part is the same. Defeat your enemy, rendering them unable to strike back, or attack them where it hurts so that they do not want to proceed in the war. Through the evolution of war, the United States has conquered and been defeated. We may not always be law abiding, but we do what we deem necessary to defend the nation. In the process of defending, we learned that technological advancements are not always a positive thing, and technology can become too powerful for any one nation alone. The creation of the nuclear bomb was just that. Now that there is this terrifying new advancement in warfare technology, how do we stop it from getting into the hands of the wrong people? Executive summary, In this paper, I will discuss how the Stuxnet virus was used to stop the use and development of nuclear weaponry in Iran. The laws on proper use will also be discussed, exploring whether it was lawful to deploy the virus, with relation to the use of Traditional Military Activities and presidential findings. In addition...

Words: 6507 - Pages: 27

Free Essay

Social Problem in Us

...SOCIAL PROBLEM Educational Inequality: A Social Problem in the U.S. SOCIAL PROBLEM Educational Inequality: A Social Problem In the U.S. Introduction: The goal of education is to make sure that every student has a chance to excel, both in school and in life. Increasingly, children's success in school determines their success as adults, determining whether and where they go to college, what professions that they enter, and how much they are paid. Why is that getting a good education is dependent upon a person’s socioeconomic status? Education is a right in the U.S, but it seems to be accessible for the privilege. Why do we have inequality in education? Let’s look at different views explaining some possible causes or contributors to this issue. “Social inequality is the expression of lack of access to housing, health care, education, employment opportunities, and status. It is the exclusion of people from full and equal participation in what we, the members of society, perceive as being valuable, important, personally worthwhile, and socially desirable. Economic inequality is expressed through the unequal distribution of wealth in society. This has obvious ramifications in terms of the unequal distribution of what that wealth may purchase; housing, health care, education, career prospects, status - in our society, access to all these things is largely dependent on wealth. Because of the nature of our society - post industrial, competitive, capitalist, commercially driven...

Words: 5078 - Pages: 21

Free Essay

Ethical Hacking

...This page was intentionally left blank This page was intentionally left blank Hands-On Ethical Hacking and Network Defense Second Edition Michael T. Simpson, Kent Backman, and James E. Corley ———————————————————————— Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated...

Words: 185373 - Pages: 742

Premium Essay

Motivation

...his/her work in school because they want a good grade. Both show a similar connection between what we do and why we do it. According to Maehr and Meyer, "Motivation is a word that is part of the popular culture as few other psychological concepts are".[2] Wikipedia readers will have a motive (or motives) for reading an article, even if such motives are complex and difficult to pinpoint. At the other end of the range of complexity, hunger is frequently the motive for seeking out and consuming food.Types of theories and models[edit] Motivation theories can be classified on a number of basis. Natural vs. Rational based on whether the underlying theory of human Cognition is based on natural forces (drives, needs, desires) or some kind of rationality (instrumentality, meaningfulness, self-identity). Content vs. Process based on whether the focus is on the content ("what") motivates vs process ("how") motivation takes place. Monist and pluralistic motivational theories[edit] A class of theories about why people do things seeks to reduce the number of factors down to one and explain all behaviour through that one factor. For example, economics has been criticized for using self-interest as a mono-motivational theory. [3] Mono-motivational theories are often criticized for being too reductive or too abstract. Conscious and unconscious motivations[edit] [4] A number of motivational theories emphasize the...

Words: 8883 - Pages: 36

Free Essay

Bush

...FAMILY OF SECRETS The Bush Dynasty, America’s Invisible Government, and the Hidden History of the Last Fifty Years RUSS BAKER Contents Foreword by James Moore 1. How Did Bush Happen? 2. Poppy’s Secret 3. Viva Zapata 4. Where Was Poppy? 5. Oswald’s Friend 6. The Hit 7. After Camelot 8. Wings for W. 9. The Nixonian Bushes 10. Downing Nixon, Part I: The Setup 11. Downing Nixon, Part II: The Execution 12. In from the Cold 13. Poppy’s Proxy and the Saudis 14. Poppy’s Web 15. The Handoff 16. The Quacking Duck 17. Playing Hardball 18. Meet the Help 19. The Conversion 20. The Skeleton in W.’s Closet 21. Shock and . . . Oil? 22. Deflection for Reelection 23. Domestic Disturbance 24. Conclusion Afterword Author’s Note Acknowledgments Notes Foreword When a governor or any state official seeks elective national office, his (or her) reputation and what the country knows about the candidate’s background is initially determined by the work of local and regional media. Generally, those journalists do a competent job of reporting on the prospect’s record. In the case of Governor George W. Bush, Texas reporters had written numerous stories about his failed businesses in the oil patch, the dubious land grab and questionable funding behind a new stadium for Bush’s baseball team, the Texas Rangers, and his various political contradictions and hypocrisies while serving in Austin. I was one of those Texas journalists. I spent about a decade...

Words: 249168 - Pages: 997

Premium Essay

Case

...Killer Cover Letters & Resumes! WetFeet Insider Guide by Rosanne Lurie The WetFeet Research Methodology You hold in your hands a copy of the best-quality research available for job seekers. We have designed this Insider Guide to save you time doing your job research and to provide highly accurate information written precisely for the needs of the job-seeking public. (We also hope that you’ll enjoy reading it, because, believe it or not, the job search doesn’t have to be a pain in the neck.) Each WetFeet Insider Guide represents hundreds of hours of careful research and writing. We start with a review of the public information available. (Our writers are also experts in reading between the lines.) We augment this information with dozens of in-depth interviews of people who actually work for each company or industry we cover. And, although we keep the identity of the rank-and-file employees anonymous to encourage candor, we also interview the company’s recruiting staff extensively, to make sure that we give you, the reader, accurate information about recruiting, process, compensation, hiring targets, and so on. (WetFeet retains all editorial control of the product.) We also regularly survey our members and customers to learn about their experiences in the recruiting process. Finally, each Insider Guide goes through an editorial review and fact-checking process to make sure that the information and writing live up to our exacting standards before it goes out the door. Are...

Words: 21838 - Pages: 88

Premium Essay

Manufacturing Companies

...Dissertations from the International Graduate School of Management and Industrial Engineering, IMIE No.93, Licentiate Thesis Linköping Studies in Science and Technology Thesis No. 1180, LiU-TEK-LIC 2005:35 Logistics Collaboration in Supply Chains – A Survey of Swedish Manufacturing Companies Erik Sandberg Logistics Management Department of Management and Economics Linköpings universitet, SE-581 83 Linköping © Erik Sandberg, 2005 LiU-Tek-Lic-2005:35, Thesis No. 1180 ISBN: 91-85299-80-4 ISSN: 0280-7971 ISSN: 1402-0793 Printed by: UniTryck, Linköping Distributed by: Linköpings universitet Department of Management and Economics SE-581 83 Linköping, Sweden Tel: +46 13 281000, fax: +46 13 281873 Abstract The purpose of this thesis is to describe logistics collaboration in supply chains. During the past two decades, a new trend towards integration and collaboration in supply chains has been recognised among researchers as well as among business practitioners. This philosophy is called supply chain management and has received enormous attention in logistics research. Collaboration based on supply chain management is expected to reduce total cost and improve service towards the supply chain’s end customers at the same time. The argumentation in existing literature is however seldom underpinned by more rigorous empirical material and becomes therefore conceptual and superficial. Furthermore, it is incongruous about what actually is done when companies collaborate and...

Words: 54358 - Pages: 218

Free Essay

Communication in Our Lives

...Licensed to: iChapters User Licensed to: iChapters User 6e FIFTH EDITION COMMUNICATION in Our Lives LINEBERGER DISTINGUISHED PROFESSOR OF HUMANITIES CAROLINE H. AND THOMAS S. ROYSTER DISTINGUISHED PROFESSOR OF GRADUATE EDUCATION THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Australia . Brazil . C anada . M exico . Singap ore . Spain . Uniited Kingdom . United States Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: iChapters User This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. ...

Words: 58631 - Pages: 235

Premium Essay

Game Change

...GAME CHANGE OBAMA AND THE CLINTONS, MCCAIN AND PALIN, AND THE RACE OF A LIFETIME JOHN HEILEMANN AND MARK HALPERIN FOR DIANA AND KAREN Contents Cover Title Page Prologue Part I Chapter One – Her Time Chapter Two – The Alternative Chapter Three – The Ground Beneath Her Feet Chapter Four – Getting to Yes Chapter Five – The Inevitables Chapter Six – Barack in a Box Chapter Seven – “They Looooove Me!” Chapter Eight – The Turning Point Chapter Nine – The Fun Part Chapter Ten – Two For the Price of One Chapter Eleven – Fear and Loathing in the Lizard’s Thicket Chapter Twelve – Pulling Away and Falling Apart Chapter Thirteen – Obama Agonistes Chapter Fourteen – The Bitter End Game Part II Chapter Fifteen – The Maverick and His Meltdown Chapter Sixteen – Running Unopposed Chapter Seventeen – Slipping Nooses, Slaying Demons Part III Chapter Eighteen – Paris and Berlin Chapter Nineteen – The Mile-High Club Chapter Twenty – Sarahcuda Chapter Twenty-One – September Surprise Chapter Twenty-Two – Seconds in Command Chapter Twenty-Three – The Finish Line Epilogue – Together at Last Index Author’s Notes About the Authors Copyright About the Publisher Prologue BARACK OBAMA JERKED BOLT upright in bed at three o’clock in the morning. Darkness enveloped his low-rent room at the Des Moines Hampton Inn; the airport across the street was quiet in the hours before dawn. It was very late December 2007, a few days ahead of the Iowa caucuses. Obama had been sprinting flat out...

Words: 160589 - Pages: 643

Free Essay

The Origins and Development of the English Language (Textbook)

...THE ORIGINS AND DEVELOPMENT OF THE ENGLISH LANGUAGE This page intentionally left blank THE ORIGINS AND DEVELOPMENT OF THE ENGLISH LANGUAGE SIXTH EDITION ± ± John Algeo ± ± ± ± ± Based on the original work of ± ± ± ± ± Thomas Pyles Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States The Origins and Development of the English Language: Sixth Edition John Algeo Publisher: Michael Rosenberg Development Editor: Joan Flaherty Assistant Editor: Megan Garvey Editorial Assistant: Rebekah Matthews Senior Media Editor: Cara Douglass-Graff Marketing Manager: Christina Shea Marketing Communications Manager: Beth Rodio Content Project Manager: Corinna Dibble Senior Art Director: Cate Rickard Barr Production Technology Analyst: Jamie MacLachlan Senior Print Buyer: Betsy Donaghey Rights Acquisitions Manager Text: Tim Sisler Production Service: Pre-Press PMG Rights Acquisitions Manager Image: Mandy Groszko Cover Designer: Susan Shapiro Cover Image: Kobal Collection Art Archive collection Dagli Orti Prayer with illuminated border, from c. 1480 Flemish manuscript Book of Hours of Philippe de Conrault, The Art Archive/ Bodleian Library Oxford © 2010, 2005 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including...

Words: 164520 - Pages: 659

Free Essay

Ggggg

...IMPORTANT This electronic version of The Century Vocabulary Builder (1922) has been prepared by Serenson Pty Ltd for www.write-better-english.com. This PDF follows the pagination of the original (hard copy) book and includes hypertext links that we have inserted, which look like this. Please do not remove links. Reformatting the original text into this PDF has been no easy task; it is possible that the process has introduced errors or caused omissions. As a result, we make no guarantee about the accuracy or completeness of this version of the Vocabulary Builder. If you find an error or omission in this PDF, please check the original book and contact us so that we can fix the error or omission. Please check your local copyright laws before accessing this PDF. If you are serious about building your vocabulary, we highly recommend you try the popular vocabularybuilding program called Ultimate Vocabulary Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx THE CENTURY VOCABULARY BUILDER BY GARLAND GREEVER AND JOSEPH M. BACHELOR NEW YORK THE CENTURY CO. Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx PREFACE You should know at the outset what this book does not attempt to do. It does not, save to the extent that its own special purpose requires, concern itself with the many and intricate problems of grammar, rhetoric, spelling, punctuation, and the like; or clarify...

Words: 97231 - Pages: 389

Premium Essay

Kuharenko

...Кухаренко В.А. Практикум з стилістики англійської мови: Підручник. – Вінниця. «Нова книга», 2000 - 160 с. CONTENTS FOREWORD...............................................................................…………………………………………... 2 PRELIMINARY REMARKS.....................................................………………………………………….. 3 CHAPTER I. PHONO-GRAPHICAL LEVEL. MORPHOLOGICAL LEVEL…............................... 13 Sound Instrumenting. Craphon. Graphical Means…………………………………………………………...6 Morphemic Repetition. Extension of Morphemic Valency………………………………………………….11 CHAPTER II. LEXICAL LEVEL..............................................……………………………………….…14 Word and its Semantic Structure…………………………………………………………………………….14 Connotational Meanings of a Word………………………………………………………………………….14 The Role of the Context in the Actualization of Meaning…………………………………………………….14 Stylistic Differentiation of the Vocabulary…………………………………………………………………..16 Literary Stratum of Words. Colloquial Words…..…………………………………………………………..16 Lexical Stylistic Devices…………………………………………………………………………………….23 Metaphor. Metonymy. Synecdoche. Play on Words. Irony. Epithet…………………………………………23 Hyperbole. Understatement. Oxymoron. ……………………………………………………………………23 CHAPTER III. SYNTACTICAL LEVEL..................................…………………………………………38 Main Characteristics of the Sentence. Syntactical SDs. Sentence Length…………………………………..38 One-Word Sentences. Sentence Structure. Punctuation. Arrangement...

Words: 57354 - Pages: 230

Free Essay

Working Capital

...Business Plans Handbook Business Plans A COMPILATION OF BUSINESS PLANS DEVELOPED BY INDIVIDUALS NORTH THROUGHOUT AMERICA Handbook VOLUME 16 Lynn M. Pearce, Project Editor Business Plans Handbook, Volume 16 Project Editor: Lynn M. Pearce Product Manager: Jenai Drouillard Product Design: Jennifer Wahi Composition and Electronic Prepress: Evi Seoud Manufacturing: Rita Wimberley Editorial: Erin Braun ª 2010 Gale, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. This publication is a creative work fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws. The authors and editors of this work have added value to the underlying factual material herein through one or more of the following: unique and original selection, coordination, expression, arrangement, and classification of the information. For product information and technology assistance, contact us at Gale Customer Support, 1-800-877-4253. For permission to use material...

Words: 121839 - Pages: 488