... 2 The Miranda v. Arizona was the biggest case ever in the United States. The Supreme Court argued four different cases because of the Miranda vs. Arizona case. These four different cases were heard and it was stated that 3 of the 4 cases had written statements that were admissible in court. In this paper we will describe the facts of the four cases, we will notate when they were argued, we will describe what lawyers argued what side, we will discuss the arguments of counsel about self-incrimination and we will write about why are the cases significant to a right to counsel and self-incrimination. Miranda vs. Arizona, in this case defendant Ernesto Miranda was 23 years old when he was arrested and charged with several crimes including rape and kidnapping. Ernesto Miranda was an immigrant that was living here in the United States of America. During his arrest Ernesto Miranda was notified of his constitutional rights, but in reality he wasn’t supposed to because he was not a citizen so he had no rights. Ernesto Miranda was taken in and then was questioned about the crimes that were committed, after a couple hours of interrogation Ernesto Miranda gave the police a written statement that he signed. In the statement that was signed by Ernesto Miranda it stated that he was aware of his constitutional rights. It was great that his case was overturned by the Supreme Court but after it was overturned Arizona gave him a retrial and he was found guilty...
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...U.S. Constitution – The Miranda Warning Technically, The Miranda Warning is not in the U.S. Constitution. The Miranda Warning came about after Miranda vs. Arizona in 1966. But it refers to the Fifth Amendment right that protects against self-incrimination, or "the right to remain silent". (Cornell) Amendment V “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (Mount 2010) Basically, the 5th amendment is to protect people in situations from getting in trouble it even protects ignorant suspects from incriminating themselves. In particular, it stops you from having to speak to the police or testify against yourself before a court, so it is best to keep your mouth shut until you have a lawyer. It also says that the government has to have a reason for arresting you and that you have the right to a trial with a jury, that you cannot be charged with capital a crime (murder) without a Grand Jury's permission, except in cases when you’re in the military...
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...Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were evil/selfish. God doesn’t play a role. “Bottom up dynamic” Locke: Agrees with Hobbes, but lived life better. People were inherently good, not evil. No protection of our property, and this is why we made the social contract. Believes we only gave up a little bit of our freedom, doesn’t believe it’s all or nothing, like Hobbes believed. Believes the social contract entails that we only gave up...
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...Jeff Crowe Policing and Society Dr. Greenleaf March 6, 2015 Question 1 The broken windows theory in policing has changed the way many law enforcement agencies, along with the officers within them, have to look at crime. Police have always responded to crime, that is the belief and that has always been their job. What happens, though, when provided with an idea that expresses that crime can be more preventative just by looking at and involving the community to participate? Policing traditionally has always been a response unit, providing its’ service after the fact (after a crime has happened). The broken windows theory counters that traditional style by looking outside of the traditional criminal justice system to see how crime is generated and solutions to fix and prevent it (Trojanowics, 1994). The broken windows theory has views closely related to community policing: The quality of life, as the ultimate goal of policing (Carter & Sapp 1994; Joseph 1994; Kelling and Coles 1996; Skogan 1990; Trojanowics 1994). This type of policing has broadened the goal to assist communities to maintain a safe environment where basic institutions (families, schools, churches, commerce) can effectively operate and thrive within the community (Kelling and Coles 1996). Apprehending criminals is no longer the only focus among law enforcement. Police and their agencies must now adapt to look at what needs to be done to maintain the quality of life in communities as well as alleviate...
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...Principles of Measurement Mosso member of the FASB FASB’s Conceptual Framework project over the period 1973-1985 Define measurement Measurement is the assignment of numerals and other symbols to represent the magnitude of an attribute of a phenomenon Phenomenon A thing or event of interest E.g. a table, a performance, an exam Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities...
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...or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is when a person tends to join groups but do little...
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...1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible...
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...Fundamental of Criminology Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts concerning the matters involved. - it is the process of inquiring, eliciting, soliciting and getting vital information, facts, circumstances in order to establish the truth. Criminal Investigator - a public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the revised penal code, criminals laws and special laws which are criminal in nature. - a well trained, disciplined and experienced professional in the field of criminal investigation. Custodial Investigation - investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action. Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases which is often overlooked. The objective is to identify and interview in person all individuals in the area where the victim was kidnapped or last known sighting area during the window of opportunity.(last time seen until the time discovered missing. Crime scene - a venue or place where the alleged crime/incident/event has been committed. Corpus delicti - (latin for the body of the crime) - used to describe the physical or material evidence that a crime has been committed. ex. corpse of a murder victim. Confession - is an express acknowledgement by the accused in...
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...Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies ...
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...[pic] FIRST ARMY EQUAL OPPORTUNITY REPRESENTATIVE COURSE STUDENT GUIDE TO CULTURAL AWARENESS INDEX LESSON TITLE PAGE 1 Philosophical Aspects of Culture SG- 3 C1 Native American Experience SG- 4 C2 White American Experience SG- 23 C3 Arab American Experience SG- 43 C4 Hispanic American Experience SG- 53 C5 Black American Experience SG- 76 C6 Asian American Experience SG-109 C7 Jewish American Experience SG-126 C8 Women in the Military SG-150 C9 Extremist Organizations/Gangs SG-167 STUDENTS ARE RESPONSIBLE FOR BEING FAMILIARIZED WITH ALL CLASS MATERIAL PRIOR TO CLASS. INFORMATION PAPER ON THE PHILOSOPHICAL ASPECTS OF CULTURAL DIFFERENCE Developed by Edwin J. Nichols, Ph.D. |Ethnic Groups/ |Axiology |Epistemology |Logic |Process | |World Views | | | | | |European |Member-Object |Cognitive |Dichotomous |Technology | |Euro-American |The highest value lies in the object |One knows through counting |Either/Or...
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...TExES I Texas Examinations of Educator Standards Preparation Manual 133 History 8–12 Copyright © 2006 by the Texas Education Agency (TEA). All rights reserved. The Texas Education Agency logo and TEA are registered trademarks of the Texas Education Agency. Texas Examinations of Educator Standards, TExES, and the TExES logo are trademarks of the Texas Education Agency. This publication has been produced for the Texas Education Agency (TEA) by ETS. ETS is under contract to the Texas Education Agency to administer the Texas Examinations of Educator Standards (TExES) program and the Certification of Educators in Texas (ExCET) program. The TExES program and the Examination for the Certification of Educators in Texas (ExCET) program are administered under the authority of the Texas Education Agency; regulations and standards governing the program are subject to change at the discretion of the Texas Education Agency. The Texas Education Agency and ETS do not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in the administration of the testing program or the provision of related services. PREFACE The State Board for Educator Certification (SBEC) has developed new standards for Texas educators that delineate what the beginning educator should know and be able to do. These standards, which are based on the state-required curriculum for students—the Texas Essential Knowledge and Skills (TEKS)—form the basis for new Texas Examinations...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...Competing books are focused on the academic part of HRM, which is necessary in a university or college setting. However, the goal with this book is not only to provide the necessary academic background information but also to present the material with a practitioner’s focus on both large and small businesses. While the writing style is clear and focused, we don’t feel jargon and ten-dollar words are necessary to making a good textbook. Clear and concise language makes the book interesting and understandable (not to mention more fun to read) to the future HRM professional and manager alike. It is highly likely that anyone in business will have to take on an HRM role at some point in their careers. For example, should you decide to start your own business, many of the topics discussed will apply to your business. This is the goal of this book; it is useful enough for the HRM professional, but the information presented is also applicable to managers, supervisors, and entrepreneurs. Besides these differences, other key differences include the following: This book utilizes a technology focus and shows how HRM activities can be leveraged using technology. We have also included a chapter on communication and information about motivational theories. Since communication is a key component of HRM, it makes sense to include it as a full chapter in this book. Human motivation is one of the cornerstones of HR, which is why we include information on this as well. Rather than dividing certain...
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...ABSTRACT Title of Thesis: ENGLISH LANGUAGE LEARNER SPECIAL EDUCATION REFERRAL AND PLACEMENT OUTCOMES IN INSTRUCTIONAL CONSULTATION TEAMS SCHOOLS Arlene E. Silva, Master of Arts, 2005 Thesis Directed by: Professor Sylvia Rosenfield Department of Counseling and Personnel Services University of Maryland, College Park The present study serves as an examination and documentation of referral and placement outcomes of English Language Learner (ELL) cases in Instructional Consultation (IC) Teams schools. Archival data from 838 cases (12% of which were ELL cases) within five mid-Atlantic public school districts implementing IC Teams were analyzed for outcomes using logistic regression. Results included statistically significant differences in ELL versus non-ELL student initial team referral (IC or other prereferral intervention team) and ultimate IEP Team referrals. Initial referral concerns also differed significantly between ELL and non-ELL students. IC Teams were found to be more effective than existing prereferral intervention teams in decreasing the special education referrals of ELL and non-ELL students. The results of the present study serve as a foundation for future research in the areas of at-risk ELL students and their referrals to prereferral intervention teams and special education. ENGLISH LANGUAGE LEARNER SPECIAL EDUCATION REFERRAL AND PLACEMENT OUTCOMES IN INSTRUCTIONAL CONSULTATION TEAMS SCHOOLS by Arlene E. Silva Thesis submitted to the Faculty of the Graduate...
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...animal Books by Elliot Aronson Theories of Cognitive Consistency (with R. Abelson et al.), 1968 Voices of Modern Psychology, 1969 The Social Animal, 1972, 1976, 1980, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Readings About the Social Animal, 1973, 1977, 1981, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Social Psychology (with R. Helmreich), 1973 Research Methods in Social Psychology (with J. M. Carlsmith & P. Ellsworth), 1976 The Jigsaw Classroom (with C. Stephan et al.), 1978 Burnout: From Tedium to Personal Growth (with A. Pines & D. Kafry), 1981 Energy Use: The Human Dimension (with P. C. Stern), 1984 The Handbook of Social Psychology (with G. Lindzey), 3rd ed., 1985 Career Burnout (with A. Pines), 1988 Methods of Research in Social Psychology (with P. Ellsworth, J. M. Carlsmith, & M. H. Gonzales), 1990 Age of Propaganda (with A. R. Pratkanis), 1992, 2000 Social Psychology, Vols. 1–3 (with A. R. Pratkanis), 1992 Social Psychology: The Heart and the Mind (with T. D. Wilson & R. M. Akert), 1994 Cooperation in the Classroom: The Jigsaw Method (with S. Patnoe), 1997 Nobody Left to Hate: Teaching Compassion After Columbine, 2000 Social Psychology: An Introduction (with T. D. Wilson & R. M. Akert), 2002, 2005, 2007 The Adventures of Ruthie and a Little Boy Named Grandpa (with R. Aronson), 2006 Mistakes Were Made (But Not By Me) (with C. Tavris), 2007 Books by Joshua Aronson Improving Academic Achievement, 2002 The Social Animal To...
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