How has the exclusionary rule affected policing Research Paper

How has the exclusionary rule affected policing - Research Paper Example This shows why the congress intents to make distinction as to the necessity for search warrant in the searching of private property in the enforcement of the prohibition act. Exclusionary Rule is a lawful principle in the United State under the law of the constitution. It holds that evidence gathered or analyzed in manipulation of the defendant’s constitutional rights is t times inadmissible for prosecution of a criminal in a law court. This rule can be an example of a prophylactic rule, which is formulated by the judiciary to safeguard a right of the constitution. I think this rule only protects the guilty. The exclusionary rule bars the government from making use o the evidence collected in the violation of the constitution of the United States. This rule is biased as it applies to proof got fro and irrational search or seizure in violation of the fourth amendment (Clancy, 2008). The fourth amendment prohibits or denounces searches and seizures as unreasonable in a manner in which will conserve individual rights and public interests. In addition, the Supreme Court states that under the fourth amendment to the constitution, police officers should get search warrants to carry out searches and seizures unless their actions fall within a few specifically and well-drawn exceptions. This rule is of the view that when an individual collects any evidence that is illegal, the court cannot accept it as proof against the suspect in question. In relation to policing, the exclusionary rule is best understood by incorporating the established laws and the economics phenomena: section bias, principal-agent problems, moral hazard, and violence through substitution. Effects of exclusionary rules on policing The fourth amendment on the exclusionary rules protects the â€Å"right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,† and specifies procedural safeguards to that end. with this rule in pl ace, it means that the police force has no right to search people if they feel their security is threatened or unless it is in good faith. The police has very little it can do in case it is looking for evidence against a suspect. The police force can choose to ignore all suspicious happening in its area of operation though it is not in line with the oath of office to overlook public misconduct. This is because the rule is frustrating. The exclusionary rule has a beneficial influence on police. It creates genuine incentive for police departments to educate their members in the constitutional rights of suspected persons. All people have equal treatment. This is because a suspect can only be a criminal after proving guilty. This means that the law protects them from harassment. The police force is good at harassing individuals just because they are after evidence. By enacting the exclusionary rule, all police teams will learn to appreciate human space. Through training that all the pol ice forces will offer, there will be a good policing unit because every suspect will be handled like a worthy human being. Policing is a government unit with an obligation to provide internal security to the citizens. The use of exclusionary rule will help this governmental unit observe its finances. This is because an police misconduct attracts a fine. This means that if the police officers carry out an operation

Hong Kong Architecture Style Essay Example | Topics and Well Written Essays - 10000 words

Hong Kong Architecture Style - Essay Example Having been born in Hong Kong (HK) and raised there for more than seventeen years, I grew up taking many of the features of my home city for granted. It wasn’t until I opted to study in the United Kingdom that I began to realize the many opportunities I lost. With many years of chances to visit some of the more historical sites and cultural wonders, I did not see any of them. I have surprisingly little awareness to its quality or style of architecture. To me, Hong Kong was just another busy city with the typical rectangular tower blocks and high-rise complexes everywhere. Construction was fast and demolition quick. The only real notice I took of these events was to absently note when a new building brought in a store I wanted or offered some other opportunity directly to my benefit or discomfort or when an older building went down that had been an empty eyesore for any length of time. This pattern I was living in can be characterized as living there only and that is all. Although I lived there, my life could have been characterized as merely existing since I did not notice any of the important things around me that made my living space unique. This theory applies to many who live there. In fact, it applies widely to people living in many places throughout the globe as it is human nature for people to take familiar things for granted. The world moves so fast, events happen so quickly in every sphere of life that success is impossible without keeping in close touch with the latest development. Studying architecture has certainly broadened my vision and changed my perspective regarding these things. My studies opened my eyes, teaching me how to observe and read buildings and the cities in which they stand in totally different ways. Having visited many other countries’ greatest architectural constructions representing many different eras and styles, I began to think about the architecture

Legal Environment Surrounding Sale and Purchase of Goods Essay

Legal Environment Surrounding Sale and Purchase of Goods - Essay Example According to Crose & Miller (2011), in any legal undertaking it is good to understand about what is legally right and what is legally wrong in any kind of legal issue. Therefore, it is advisable that Winston understand where his rights were infringed and where he might have failed during contract signing so that he can lay out a base for his legal arguments. This would enhance his chances of winning the case and thus enabling him to obtain compensation. As a plaintiff in this case he also need to understand the courts that will be involved if the case reaches litigation stage and the procedures involved in this stage so that he can prepare adequately. This paper plays a very significant role in explaining these issues and thus it would be of great assistance to Winston. Any kind of legal environment or undertaking is influenced by various factors. According to Meiners et al (2011), some of the factors that influence the legal environment are the needs and demands of the business comm unity, consumers, and the government. In this paper, we start by explaining the issues surrounding these factors. These issues are like the difference between express and implied terms, sales of goods act, difference between consumer and non-consumer sales, and process and procedures involved in the litigation stage of a case. ... These terms are rigid and cannot change to implied term whatever the case that interpret them. They also do not have further categories and we cannot have very many of them in a contract. However, each contract must have several of those terms clearly understood by both parties before signing. All other terms found in a contract, which are not express term, are regarded as implied terms. Unlike the express terms, these terms are subdivided to those implied primarily by factual circumstances of the agreements and those implied primarily by the law (Klass 2010). Also unlike the express terms, the terms implied by the factual circumstances of the agreement can change to express terms depending on the situation that interpret them. They are also found in larger number in any form of a contract. However, these two terms have one similarity, which is that they have to be included in any form of a contract and each party must read and understand them before signing the contract. According t o Klass (2010), when interpreting a contract, a court gives more priorities to express terms as compared to implied terms. This is merely because of their characteristics and their ability to explain the contract and the situation in which the contract was made. The express terms can also reveal some of the factors that made either of the parties to sign the contract. Therefore when signing any form of a contract one should be very careful with the express terms because they can play a very great part in making a case ruled to your advantage in case of any dispute arising from the contract. Sales of goods act The sales of goods act deals mainly with the sales contract

International Management Essay Example | Topics and Well Written Essays - 1000 words - 1

International Management - Essay Example Living for long in the same geography they share vast similarities. The challenges that this kind of complex countries present are both relevant to ongoing companies as well as for MNCs trying to enter these markets. When making a debut into one market, and preparing an entry strategy firms need to consider very much the national culture of the company, to evaluate whether the culture will help the business to flourish or whether the cultural norms will act as hindrance to the business and profitability. Any cultural theory is based on the assumption that there is no universal method of management theory. And in this global world, doing business in other countries require knowledge and empathy with the locals of the country, hence it is important to understand and be aware of the cultural differences when handling or dealing with cross cultural groups or individuals. Geert Hofstede has described five dimensions of differences in values between national cultures. The five dimensions of Geert Hofstede are Power Distance, Individualism versus Collectivism, Masculinity versus Femininity, Uncertainty Avoidance, and Long-term versus Short-term orientation. The dimension, Power Distance tries to suggest the degree of inequality amongst the different members in a given culture. On a scale the dimension ranges from small to large. In cultures where Power Distance is small, members of the society relate to each other on a more equal level regardless of the status or authority of the people in consideration. Whereas, in large Power Distance situations, there is more formality in interaction amongst people. According to Hofstede, Pakistan has a score of 55 on the cultural scale; which compared to other regional countries is relatively low. It shows that Pakistan is somewhat in the middle and does not have a very large gap between the wealthy and the poor people in the country. But, still it does not strongly believe in the

Education and Society Essay Example | Topics and Well Written Essays - 2500 words

Education and Society - Essay Example From the discussion it is clear that  functionalism states that every society’s aspect is interdependent and contributes to the functioning of the whole society. The government provides education for the state’s children whereas the same citizens of the state pay tax to keep the government running. According to Emile Dhurkenim, the society is held together by cohesion or social consensus whereby the citizens concur together and work to accomplish the best for the society at- large. This essay will discuss the functionalist perspective of the central government control of curriculum content is schools.According to the report findings  the central government should provide education for the children of the family, which then the citizens pay taxes to sustain the government’s operations. This ensures the family is dependent on the school in assisting the growing up of the children, ensuring good jobs for the children to grow and sustain their own families. Centr al government control of curriculum content in schools means that the government is fully in-charge of developing, facilitating and ensuring that the curriculum it comes up with is taught in the schools. The government comes up with various education policies regarding the curriculum to be taught and enforces the same. Through this direct involvement, the government ensures that it consults all the major stakeholders in the education industry in order to develop the curriculum.   The policy is enforced using various strategies, ensuring the full implementation and evaluation of the curriculum, to check its functionality. All state machinery is put to task ensuring that the curriculum works in accordance to set processes and procedures by the government. This paper discusses the central government functionalist perspective on curriculum content in schools (Bundy and Mathews, 1998, p. 29). According to Durkheim research, he came up with three irrefutable facts to social sciences. Am ong them were the social facts that were underlying the institutions such as the family, state and education. Since all stakeholders were part of the development in the central government controlled curriculum, implementing the curriculum does not become a major challenge. The government values education and it is for the paramount reason that the central government comes up with various funding mechanisms for the curriculum since it understands that a learned population for the country is a key pillar for economical significance and empowerment. The country’s constitution entrenches education as a fundamental right for the people, making it obligatory for the government to, fully control the curriculum to be taught (Turner, 2012, p. 17). Central governments are adequately aware that education is a paramount fundamental right for its citizens and therefore it has the authority and mandate to provide education. The central government thus develops the curriculum. Here the cent ral government controls the educational institutions indirectly. Standardization is the key element of education since the people of that particular country will be taught the same things regardless of personal status. The central government comes with a standard-based curriculum that ensures changes regarding how teachers teach and the way schools are managed. The central gove

The Stone Age Essay Example | Topics and Well Written Essays - 750 words

The Stone Age - Essay Example During this time, people made their tools and weapons mainly with the help of stones when metal working had not taken place yet. Geographically primeval culture has spread to all continents except Antarctica. The Stone Age is divided into three eras, which differ from each other with own peculiarities and conditions. The Stone Age brought humans to a totally new stage of their development. When climate drastically changed and glaciers melted, nomadic people reached the territory between Israel and Iraq, which hills were full of verdurous trees and wild animals. The Middle East became very attractive to humans who found favorable conditions for living here. Ancient people discovered that grain could give a lot of harvest, so eventually they found a way to gather crop with the help of appropriate stone tools. According to the archaeobotanist, George Willcox (2003), it had been noticed that during three-week period of time one person could gather enough grains for being able to feed fou r people for the entire year (Stories from the Stone Age). In additional, ancient people realized the efficiency of grain that could be stored for a long period of time without decay in case it was kept in a dry place. Consequently, discovering a very profitable place full of potential food, people at last found a reason to stop their nomadic life and settle down. Moreover, their decision to stay on chosen territory was also influenced with the fact that all tools made of stones and intended for gathering harvest were quite heavy, therefore people’s inability and lack of desire to carry their burdens eventually managed to change their lives irrevocably. Settling down in the Middle East made ancient people to face several challenges, one of which was finding ways to produce food out of plants. Also humans managed to develop and widen variety of tools for hunting realizing how precarious this activity was. Hence, people started to use stones connected by cords for catching wild animals and double-bladed sickles for cutting grass. In addition, people discovered usage of grains and began to produce so-called ancestor of bread. Gathering harvest and sharing tools helped people to unite their strength in a way when priority moved from individual prosperity to community’s wellbeing. People of that era had a special ritual for burial. They put dead person into the hole, placed a big stone on a chest and laid some personal possessions and various offerings. As archeologists found out, with the lapse of time this funeral rite faced some changes, like later n people started to took the scalp of the dead person out of a hole and bring it back into the world. Stones which had been found on the mentioned territories contained some scratches, which nowadays archeologists interpret as a first attempt to represent numbers. This fact has a great importance in a formation of ancient culture. Despite the fact that ancient people at last found an ideal place to stay on, they again were forced to return to their former nomadic lifestyle later on. Hence, the climate change brought draught which in its turn caused a dreadful shortage of food. So this was another challenge which ancient people were forced to overcome. All population split for small groups and began searching for food. One part of people finally settled down in Jordan near the

Effects of Caffeine Essay Example for Free

Effects of Caffeine Essay Because of its transparency we can observe the effects of substances on its body without surgical procedures. We can observe the heart rate of daphnia magna to be dorsal to the backbone just behind the head. (Helms 1998) the average daphnia magna has a heart rate of 180 beats per minute under normal conditions. We will observe the effects of water, alcohol and caffeine on the ectothermic animal. Alcohol is a depressant; this means the body systems will slow down when alcohol is introduced. The heart rate will get consistently lower if too much alcohol is added. Caffeine is a stimulant; this means that it will cause the nervous system to work faster, also it will cause the blood vessels to constrict. (LaFave 2003) These effects will work together to increase an animal’s heart rate under normal circumstances the heart rate will increase as more caffeine is added. Questions Does changing the daphnia magma’s environment change its heart rate? How will alcohol affect daphnia’s heart rate? How will caffeine affect daphnia’s heart rate? Hypothesis Daphnia magna are sensitive creatures and therefore they will respond to slight changes in their environment. Since alcohol is a depressant and can lower human heart rate it should also lower daphnia’s heart rate. Since caffeine is a stimulant it can cause the nervous system in humans to work faster it should also raise the heart rate of daphnia. Predictions If the environment affects daphnia heart rate as it does in humans the exposing it to different environment’s should affect its heart rate. If daphnia is exposed to alcohol at varying concentrations, then daphnia heart rate should fall. If daphnia is exposed to caffeine at varying concentrations then daphnia heart rate should rise. Materials and methods For monitoring the effect of environmental, medium on the heart rate of daphnia magna the specimen was placed on a clean deep well slide with a small drop of water and placed under a microscope. The heart rate observed after 15 seconds and recorded. A corner of a Kim wipe was used to wipe off excess water and repeat the experiment. The daphnia is then placed in a beaker labeled recovery. Use a second daphnia to repeat the experiment. With a third daphnia place it on a deep clean well slide, add small drop of water (0% alcohol) and view the daphnia under a microscope and then record the heart beats within 15 seconds on the table. Remove the drop of water around the daphnia using a Kim wipe and add 1 equal drop of 1% alcohol, let daphnia sit in alcohol for 60 seconds. Record the heart beat within 15 seconds. Repeat the step with increasing concentration of 2%-5% alcohol observe the heart beats of the daphnia at each concentration and record. Place this daphnia in a beaker labeled recovery and use a second daphnia to repeat step 7-10. Obtain a fresh daphnia and remove the water around the daphnia using the corner of a Kim wipe, add an equal drop of 0% caffeine. Record the number of heart beats within 15 seconds on a table. Add an equal drop of 1% caffeine let sit in caffeine for 60 seconds. Record the heart beat within 15 seconds. Repeat the step with increasing concentration of 2%-5% caffeine observe the heart beats of the daphnia at each concentration and record. Place this daphnia in a beaker labeled recovery and use a second daphnia to repeat step 7-10.