The Exclusionary Rule Essays

The Exclusionary Rule Essays The Exclusionary Rule Essay The Exclusionary Rule Essay The Exclusionary Rule is a fundamental constitutional principle of criminal procedure law in the United States. Generally, it prohibits the criminal trial of any evidence seized or otherwise obtained in violation of Amendment to the Constitution. Under the Exclusionary Rule, improperly evidence that leads to the subsequent discovery of other incriminating automatically invalidates or poisons the newly discovered derivative same way that a poisonous tree taints the fruits growing on any of its. While it derives from the Fourth Amendment, it is not actually anywhere within the text of the Constitution or its Amendments. In fact, judicially created more than a century after the Constitution was ratified the Fourth Amendment included within the Bill of Rights in 1791 (Tinsley). The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. At British Common Law, any evidence of guilt was admissible into and proof of guilt was considered to excuse any illegal conduct involved in it, even retroactively, in effect, functioning as an absolute defense on police or government authorities who violated the law (Tinsley): where a Man arrests another, who is actually guilty of the Crime for which he is arrested, it seems, That he needs not in justifying it, set forth any special Cause of his Suspicion, but may say in general, that the Party feloniously did such a Fact, for which he arrested him.

Discuss weather or not aggression is learnt with reference to research Essay

Discuss weather or not aggression is learnt with reference to research - Essay Example Additional elements of aggression include that the target of the aggression must feel intimidated by the aggressive action and feel that deliberate harm is intended by the person exhibiting aggressive behaviour (Anderson, 2002). The two key elements to note here are harm and intension. The perpetrator must intend to harm the victim. This can easily be understood by an example. If a boy comes snatches my younger brother’s pencil box, pushes him and starts running away, my brother would get furious. As a result if my brother chases the boy who ran with his pencil box, catches him and then slaps him that would be an example of aggressive behaviour. If on the other hand, my brother is playing soccer and unintentionally bumps into a player due to inertia that would not characterize as aggression. The reason is that the intention to harm was missing (Kinsella, 2004). Aggression and Violence: It is also important to establish the difference between aggression and violence. Where aggr ession means the intention to harm someone, violence refers to the intention of harming someone to an extreme level. Depending on the motive, aggression can further be divided into hostile or instrumental (Anderson, 2002). Different researchers and psychologists have done a lot of work on aggression and its causality. For the purpose of this paper, I will cite facts from a few of the works and answer the question as to whether aggression is learnt of innate. In the words of Sally Gadsdon, â€Å"If aggression is innate then all cultures should be equally aggressive, but this is obviously not the case.† I partially agree with this statement, since it is true that in our daily lives we meet hundreds of people belonging to the same culture, yet not equally aggressive. This does suggest something about aggression as an inherited trait. However tracking the roots of aggression is not as simple as it may seem. Is Aggression Learnt? From the point of view of the Social Learning Theor y, aggression is learnt from interactions with one’s social surroundings. It basically yields aggression as a product of the observation of a person’s environment; therefore it states that aggression is learnt. The Scripts Theory incorporates the element of the media into the social Learning Theory and states that aggression is learnt through the content which we observe on the mass media. The Social Interactions Theory further extends the concept of learned aggression to the idea of extrinsic motivation provided for aggressive acts, which breed aggression. For example, when new assassins join mafia gangs they are offered very generous monetary rewards which motivate them towards killing somebody. Therefore, in a way their aggression is motivated by the monetary value which they will get as a reward for their aggression (Anderson, 2002). All these theories build on the Frustration- Aggression hypothesis, which states that aggression is an outcome of frustration and fru stration is felt owing to our surroundings. Maslow did not approve the idea of simple frustration leading to aggressio

Fashion Essay Example | Topics and Well Written Essays - 1000 words

Fashion - Essay Example The statement by Quentin Tarantino is noteworthy. He says, ‘the mark of any good action movie is that when you get through seeing it, you want to dress like the character.’ In this respect cinema’s role is not just promoting but also regulating customer culture. and /or the star persona, how they quote or appropriate from earlier films, how they relate to haute couture, say or drag shows. Often, the cinema looses depth by not being better connected to what audience members were wearing or wanted to wear. Thus the book provides invaluable insights to the new theorizing of costume in cinema. While discussing on the role of costumes in cinema it is worth mentioning the essay in Invisible Fashions by Akbar Abbas, who talks about the way in which certain types of theory can themselves become fashionable. (Wollen). â€Å"Clothes can primarily be considered as bearers of social identity and weaving, an approach which originate in the post modern discursive field where cultural studies meet semiotics.† (Wollen). It is quite noteworthy that clothes are intimately related to wearers and their bodies of course, but they also have their own qualities and identity simply as clothes. In every day life, clothes are a crucial element in the self presentation of specific wearers, along with their gestures, deportment, language, lifestyle etc. When we encounter them in shops and when they are not being worn they are disembodied abstracted from specific use. Hence, clothes have to be granted a niche of their own, a right to be considered autonomously as well designed, original, i ngenious and even beautiful. To this fact, I could relate fashion that has emerged as a separate entity which has changed the whole direction of male fashion. Fashion, has its own history and its involvement of the interaction between designer and client or consumer has launched many a choice. Whether directly or indirectly, patterns

Baxter Manufacturing Essay Example for Free

Baxter Manufacturing Essay Baxter Manufacturing Company (BMC) is a metal stampings company. Its major customers include, Ford, General Motors, Honda of America, General Electric and Whirlpool. The company is made up of two divisions it makes brackets and other components that go into the finished product, they also make motor casings. BMC employees about 420 non-union employees and has been steadily growing for the last 6 years. They have been approached to build a factory in Mexico, and settled on building in Queretaro, which is about a 3-hour drive north of Mexico City. Don Collins, who is the MIS manager, felt that since a new plant was being built with top of the line equipment and computer systems that they might be able to implement a system upgrade for the entire company. One of the problems was that BMC wanted the new system implemented by the end of the year. Given the quick deadline they decided to focus on support for the Mexico plant, a felt that the following approaches: 1. Connect the Mexican plant to BMC’s existing systems through a high-speed communications line   2.  Contract through an application service provider (ASP) to provide systems support to the Mexican plant. 3. Employ a piecemeal solution where they would acquire a number of software packages that could run on the networked PC’s in Mexico that would serve the basic needs of the Mexican plant. (MIS) The task force team ran into difficulties with language and cultural differences, the mindset of the employees and Mexico and the long distances between them. They met with resistance and self pride from the Mexican employees and were unable to communicate effectively with them. Target As a result of the lack of communication and the language differences the task force decided to go with option 3. They were working on locating vendors to provide support and with basic language software to help the employees stateside. The main issues that they are having are support for the systems and training for the equipment. By outsourcing some or all of ts IT work to a company that is familiar with the language and culture it could help expedite the time of getting the plant operational. In addition developing a training program that could be taught companywide could help benefit the entire company. Proposal One of the main issues that BMC is looking for is international support. They are been unable to work directly with its own employees due to the language barrier that it faces. By using a company like Unisys, they could provide the infrastructure support, business service support and many other features. They offer support in English and Spanish and could help ease the burden of the local IT department. Unisys could also implement a Cloud, in which the entire company could use to help transfer information to and from different locations. â€Å"Business forces have caused IT to try to figure out how to provide flexible services faster, but, without large, up front investments. Unisys has a number of cloud solutions for providing the necessary flexibility and responsiveness needed to achieve significant business value. † (Unisys) A great deal of time has gone into the development of this plant, but an equal or greater part must be present in training of the employees. In order for the plant to be fully operational at the level that is required by MBC, a training program must be designed. They would benefit greatly by having management train with how BMC currently runs its operation. By also setting up a video conferencing line they could help problem solve over the computer and or phone lines helping eliminate the distance between the two plants.

Boots secures its Wellbeing Essay -- essays research papers

Boots secures its Wellbeing The Wellbeing Web site, launched by Boots and Granada, had to establish systems to identify and screen out online fraudsters without inconveniencing its genuine customers. Susan Amos reports When chemist Boots and leisure giant Granada launched Wellbeing.com, a Web site that sells goods ranging from toothbrushes to exercise bikes, they realised that like all major online shopping ventures it faced a significant threat from fraudsters. They wanted to make it easy for genuine consumers to buy, while keeping fraudsters at bay those who use computer-generated credit card numbers to buy goods, and do not pay for them. When an order is placed on Wellbeing.com, its bank, Barclays Merchant Services, checks that the credit card number is genuine, that the card is not stolen and that there are funds available. However, this system provides little safeguard against a number being used fraudulently if the card has not been stolen. To add further checks, Wellbeing turned to Texas-based ClearCommerce's Enterprise Merchant Engine an integrated fraud management system. Kevin Figgitt, third party operations manager at Wellbeing, says Enterprise Merchant Engine is very easy to use. 'You set up a number of rules. According to what the customer types in, it returns codes and you can decide what action to take for each response code,' he says. The software can refer a customer to a contact centre to complete a transaction or block purchases entirely. The eng...

Plato: Knowledge Essay

We all continue to learn new things in life day in by day out; incessantly increasing our knowledge is essential to sustain man’s life path on this earth. Knowledge can be sought in different ways but to truly seek knowledge, one has to read, understand through experience and believe what the word of God says about faith. Acquiring knowledge through our five senses and faith, both give us insight on competing ways of getting at the truth. A person who reads, write and believes in the word of God will become rich with knowledge but the latter will not. Moreover, in order to achieve knowledge, one has to be taught it or teach him or herself (because humans are not born with the ability of knowing; they must acquire it) through observation and reasoning through faith. Different views exhibit on how knowledge is achieved. One may say through common sense and observation, while another may say through teachers and peers. According to the philosopher Plato in Plato’s Allegory of the Cave, â€Å"Certain professors of education must be wrong when they say that they can put knowledge into the soul which was not there before, like sight into blindness. The power and capacity of learning exists in the soul already; and that just as the eye was unable to turn from darkness to light without the whole body, so too the instrument of knowledge can only by the movement of the whole soul be turned from the world of becoming into that of being. † In making this comment, this Greek philosopher argues that, everyone has the capacity to learn because knowledge is present in the soul thus we all can acquire knowledge and wisdom by recollecting and putting together what in fact the soul already knows. Plato is right that humans have the aptitude to gain knowledge, but he seems on more dubious ground when he claims that knowledge is already present in one’s soul. I find this to be unconvincing because humans seek education to learn something which they didn’t already know. For example an adolescent may ponder upon why the hairs on his arms and legs grow very short while the opposite occurs on his or her head. But through an education in biology in his or her later years, he or she will come to find out that each hair follicle on one’s body part will grow different depending on where it is located on the body part. The young adolescent never had this knowledge about hair follicles till he was taught it. So therefore, knowledge doesn’t already exist in the soul. One has to gain it in order to have it but we all have the ability to achieve it if we put in effort. In regards to observation, reasoning through faith must also be looked into to fully attain the knowledge that is essential to lead the best life and attain happiness. Observations only gives us half of the knowledge we need to acquire, faith gives us the rest. In Scully’s view from the X-Files, â€Å"As much as I have my faith, Father, I am a scientist, trained to weigh evidence. But science only teaches us how†¦ not why. † In other words, Scully is saying that, knowledge without faith leads us only half way†¦ we have to come full circle in order to completely gain absolute knowledge. I agree that this statement is true because without faith, one’s knowledge is worthless. For example, before Copernicus, most scientists believed that the earth was the center of the universe, thus the sun revolved around the earth. But through faith and reasoning, Copernicus came to conclude that it was rather the earth that revolved around the sun, making the universe we live in heliocentric; and his jurisdiction is held to be true till this day. The two concepts go hand in hand; one cannot achieve absolute knowledge without faith and reasoning/observation. In order to achieve knowledge through faith, we must walk through the ways of our spiritual leader. In The Francis Trilogy of Thomas of Celano, Thomas of Celano writes, â€Å"Ah! Inclined and strengthened by the Holy Spirit the blessed servant of the Most High, seeing that the appointed time was at hand, followed that blessed impulse of his soul. Thus, as he trampled upon worldly things, he made his way to the greatest good. † In other words, Thomas of Celano is saying that, St. Francis detached himself from matters of the world by following Christ, who fortified him with the Holy Cross and the Holy Spirit enabling him to transform his worldly ways to resemble the will of God, thus St. Francis gained his faith through the knowledge of the word of God. In order for St. Francis to have faith, he had to have knowledge of God, which he acquired through his experience; asking God for enlightenment and through the visions he had that directed his will to God’s. Reason and faith leads to wisdom and knowledge, without it, the knowledge that one acquires is corrupt and useless. Others may disagree saying that one can still have knowledge without faith, but knowledge without faith leads you nowhere because you still haven’t really gained full understanding of the subject matter.

Dominant Ideology Thesis

The dominant ideology of a society is the collection of values, attitudes, and beliefs that shape the way it views reality. However, sociologists argue that the dominant ideology is only one of a multitude of ideologies at play and that its preeminence is the only aspect that distinguishes it from other competing viewpoints. In Marxism Sociologists differ on how the dominant ideology manifests itself. Theorists influenced by the writings of Karl Marx and Friedrich Engels maintain that the dominant ideology always represents the interests of the ruling class over the workers. For example, the ideology of ancient Egypt that represented the pharaoh as a living god and therefore infallible clearly expressed the interests of the pharaoh, his dynasty, and his entourage. The dominant ideology of bourgeois capitalism functions the same way. There are two ways by which the dominant ideology is perpetuated, according to Marx. Intentional propagation is the work of cultural elites within the ruling class: its writers and intellectuals, who then use mass media to disseminate their ideas.Spontaneous propagations happen when the mass media environment is so total in its efficacy that its basic tenets are unquestioned. Self-censorship among knowledge workers, artists, and others ensures that the dominant ideology is unchallenged and the status quo remains Of course, Marx and Engels predicted that revolutionary consciousness would sweep away such ideologies that kept power from the masses. For example, unionizing and collective actions would upset the world views propagated by the dominant ideology, as these are representations of a working-class ideology.