Monday, February 24, 2020

Police Interrogation and Due Process Research Paper

Police Interrogation and Due Process - Research Paper Example The above principles which are contained in the 5th amendment are very important to an individual accused of a crime. Although the amendment is viewed to contain various provisions, four elements widely protects an individual accused of a crime are right of protection against double jeopardy, right to due process, a right to what is known as grand jury and finally, right against self incrimination (Tomkovicz, 2002). Within courts in the United States, whenever questions arise in criminal trials whether a confession is incompetent because it is not viewed to be voluntary; this issue is mainly controlled by the 5th amendment commanding that specific individual shall at any given time be compelled in a criminal case to be a witness against himself. Self incrimination indicates that no person accused of a particular crime may be compelled to be a witness against her/himself. Supreme Court ruled that this specific action is only available not only police interrogation but also the trial. Further, this same rule may only apply to custodial interrogation where police interrogates an individual while in custody. Grand jury is defined as a group of individuals who decide whether there is enough evidence to charge a particular suspect. However, the US Supreme Court has not ruled on this requirement to apply to the states. Double jeopardy implies that individuals may not be punished and tried twice for the same crime. This area is complex such that even Supreme Court struggle with it. Finally, based on the due process, the 5th amendment indicates that no one should at any time be deprived property, life and liberty without due process of the law. The two types of due process are substantive and procedural. Procedural type focuses on fundamental fairness whereas substantive widely extend beyond the context of criminal prosecutions (Sonneborn, 2004). 4th Amendment Clearly, it is the legal responsibility for any government to provide each and every defiant in any criminal ac tion with legal representation which must be viewed to be effective. This is explained by the 6th amendment to the U.S that states â€Å"In all criminal prosecutions, the accused shall enjoy the right†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦to have the assistance of counsel for his defense†. This clause gives all defendants the right to communicate with an attorney from the specific moment the defendant was taken into police custody. Decision by U.S Supreme Court to have constructed this clause was to ensure that any defiant enjoyed the constitutional right especially during critical stages in a criminal proceeding. These critical stages are namely; preliminary hearings, custodial interrogation, trial, post indictment, first appeal conviction and sentencing (Chemerinsky, 2002). This same clause was mainly to react against English practice where assistant from an attorney was denied even in very serious criminal cases. Here, defendants required

Friday, February 7, 2020

Poverty and Pollution Assignment Example | Topics and Well Written Essays - 1500 words

Poverty and Pollution - Assignment Example Keywords: pollution, poverty, businesses, third world country, operations, control, regulation, morality, environment, standards, global, enforcement Poverty and Pollution There are many different moral and ethical considerations that must be addressed when looking at the issue of the pollution of third world countries by businesses who have setup shop in those countries, including but not limited to the implications of the companies who are participating in these actions, the reasons for doing what they are doing, the moral right of human beings to a livable environment, as well as who should be responsible for these actions, and what must be done to improve the quality of life of those who are affected by these practices. There are many different reasons a business may conduct operations in a third world country, including political instability, a need for investment capital, low wages are acceptable, as are low benefits, education levels are low, and environmental regulations are few and not seriously enforced (Encyclopedia of Business 2nd Ed, 2013). Political instability in a developing country ensures that both the powers running the country and those who are attempting to run for the company are both concerned with public image; they want to ensure that the people see that they are attempting to better the country, even if the decisions made do not actually benefit the country, and one key aspect of this is good PR. If the ruling power or the power attempting to be the ruling power shows any indication that they are driving away big businesses, businesses who will bring new jobs to the country, which will in turn strengthen the economy, even if that businesses practices ultimately hurt the country itself, they will be seen as working against the country itself, and not for the country, even if baring that particular business from the country will ensure a higher quality of drinking water in the country, for example. The key is to show a form of immediate gratification for the people in terms of a better economy, even if the environmental concerns are far more severe. The need of the country for investment capital also factors into the decision of the third world country to open its doors to big business. Many big businesses will, for example, work to better the country that they choose to setup shop in, as a means of being able to more efficiently conduct their business. In Mongolia, for example, as a result of the search for rare earth mineral deposits, many big companies are working to build access roads, supporting local businesses and patronizing shipping systems setup in place in the country; Germany signed an agreement with Kazakhstan to be able to gain access to their rare earth minerals in exchange for technical assistance in modernizing railroads, building chemical plants, and other forms of development (Caramenico, 2012). It is because of the desire for technological advancements that the big businesses are able to provide that countries are more likely to overlook the negative aspects of big business in favor of the investment capital that they will provide. Businesses like the arrangement because they are able to get cheap employment, both in terms of the wages that they pay out and

Wednesday, January 29, 2020

Employment and Line Management Essay Example for Free

Employment and Line Management Essay †¢1.1 Communication is a vital thing in the workshop, it is very important so that jobs are done productively and correctly. If the communication in the workshop was poor mistakes would Begin to take place and accidents could occur. †¢1.2 The different methods of communication to the line management and colleagues are by talking to one another, team meetings, by telephone and even letters. In busy circumstances its best to use the telephone as its time efficient instead of wondering around searching for people. †¢1.3 The different methods of communication to my and colleagues are by talking to one another, team meetings, by telephone, letters and even hand signals. These are all helpful in different circumstances such as when its extremely noisy in the workshop and a person is on the other side of the workshop, hand signals would be best in that situation. †¢2.1 To plan my sequence of work from the relevant information I am given I find out what materials I require, what tools I need to assist me through the job and what PPE I need to protect me from the dangers. †¢2.2 When starting a new job I firstly look for any mistakes in the drawing, once I am satisfied I then carry on by finding out what materials I require to complete the job and then finally retrieve all of my tools that I need to assist me through the work process until I complete the job. †¢2.3 Work is carried out to the workshop using job plans, risk assessments and all other procedures. The resources that I use are job sheets, shop plans, time sheets and drawings. To reduce carbon emissions, there is an extraction system installed into the workshop. †¢2.4 The way our workshop contributes to a low carbon emission environment is that we have extraction systems built throughout the workshop to keep the emission levels at a low level. †¢3.1 The required relevant documentation that I provide is my time sheet. It shows the amount of hours I have spent on a job so that the consultants can then get a price to give to the customers. †¢3.2 I maintain my drawings and time sheets by keeping them in a locked draw. Time sheets are required to be filled in and complete every week and has to be submitted on a Monday morning before 8:00am. †¢3.3 If I do not ensure that my time sheets are not handed in on time, I will not get paid at the end of the week. With my job sheets, if it’s not complete within the given hours the customer has to pay more as the labour cost raises. †¢4.1 I am very able to work productively to the agreed specification and inline with the line management, colleagues and relevant people involved by finding out if they are pleased with the work produced and the quality. †¢4.2 I find that everyone is equal and that no one should be treated different. People tend to treat apprentices with less respect than others as they are not qualified and think they are not capable. Apprentice or not, people should not be treated different. †¢4.3 To maintain a good working relationship in my place of work I do the work that is asked of me and in the required time and in a good quality. With individuals I get on with them by being polite and cleaning after myself. †¢4.4 I think it’s good to keep a good working relation ship with the line management and colleagues as it doesn’t make it a challenge to talk to them or ask them for any information that is required. †¢4.5 Getting on with the line management and other working colleagues is important because it can make your time there difficult and non bearable. It also doesn’t make it a challenge when needing to ask for information or a specification. †¢4.6 When working with others you must never treat them any different than you would like to be treated. You should never talk down to people or think of them as lower than you.

Tuesday, January 21, 2020

Teenage Years Are Depressing :: essays research papers

Teenage years are depressing because they are going through some of the biggest changes in their life. Teens start high school and have to deal with being little in a school again. They go through major hormonal changes. Their bodies develop and grow. They have to decide whether or not they are going to college or not. If they choose college, then what college will meet their needs the best? Will they even be accepted to the college they want to go to? These are major decisions and changes they have never experienced before. Then there is the daily life. They wake up in the morning dreading school, they know they have to go. They just don't want to go. Then they get ready and go to school. They are depressed about school. They go to all their classes. The end of the day is nearing and they may be depressed about having to go home. Their family life might be bad. They go home and what do you do? Sit down, watch television, play a video game, lock themselves in their room, or just going around being mad at everyone and their life. This really is the pits. They need to change their life whether it be changing their after school activity or changing their attitude. Depression is defined as a psychoneurotic or psychotic disorder marked especially by sadness, inactivity, difficulty in thinking and concentration, a significant increase or decrease in appetite and time spent sleeping, feelings of dejection and hopelessness, and sometimes suicidal tendencies. No two people feel or experience depression the same way. The symptoms and causes of depression are very different for everyone. Lawrence Clayton, Ph.D. and Sharon Carter write, "The National Institute of Mental Health (NIMH) [reported that] for 4 to 10 percent of the American public at any given time the ["downer"] mood doesn't lift." They also reported that one quarter of the population would experience a major depressive period during their lifetime (8). One out of four people will have a problem with depression in the United States. NIMH also reported that "approximately 4 out of a 100 teenagers get seriously depressed each year. Clinical Depression is a serious illness that can affect anybody, INCLUDING TEENAGERS" ("Let's Talk" 1). Gerald D. Oster, Ph.D., Sarah S. Montgomery, MSW, write, "Clinical depression refers to a condition marked by the changes in one's mood and by associated behaviors that range from a mild degree of sadness to intensely experienced feelings of hopelessness and suicidal thought's" (43).

Monday, January 13, 2020

Planning for Hypertexts in the Writing Center…Or No Essay

Michael Pemberton asserts in his article â€Å"Planning for Hypertexts in the Writing Center†¦Or Not†, that this new age of technology brings with it a dilemma facing writing centers that stems from the perceived need for writing centers to assimilate hypertexts into their topics mentored, the willingness of the writing centers to accommodate hypertexts and if there is a need, how would writing centers meet such needs. There is no dilemma here because writing centers need not treat hypertexts any differently than any other text (Pemberton). They already have tutors working in specific areas of expertise. Tutors with expertise in hypertext can be found. Pemberton also brings up the rationale that a relatively small number of clients will be writing hypertexts anyway so centers don’t need to worry about it. Pemberton doesn’t discount the challenges faced by writing centers in assimilating into the technological age. As writing centers had always been primarily interpersonal interaction, many feel that the advancing technology is a threat to this interaction (Pemberton). The advent of chat rooms and email tutoring has lessened this perceived threat. He notes that finding articulate tutors may be very difficult, especially for small schools without many resources (Pemberton). Another challenge lies in providing training for tutors. But the challenges do not appear to outweigh the advantages. Times change; language changes; writing changes. That is a constant we can rely on. Writing centers have adapted and will continue to adapt to the changes coming their way. Critique/Comments Michael Pemberton in his article â€Å"Planning for Hypertexts in the Writing Center†¦Or Not† provides a comprehensive history of the goals and functions of writing centers from the 1930s-1990s. He presents a possible problem facing writing centers and possible solutions to the problem, without bias or emphasis on one or the other. His straightforward writing allows the reader to come to a conclusion about the future of writing centers and the necessity of assimilating hypertext into tutoring topics. Pemberton provides much commentary from experts in the field of writing centers and tutoring so his own take does not sway the reader. As change occurred throughout the history involving writing centers, the writing centers and their tutors adapted to the needs of their clients. Pemberton assures that no matter what those needs become, writing centers will naturally meet those needs. While some worry that the computer age will depersonalize the interaction between tutor and tutee, it is clear that the communication tools available via the Internet have not hindered interpersonal relationships in or out of writing centers. Pemberton, a director of the Georgia Southern University Writing Center does not appear to have any motive in his article save to inform readers that â€Å"writing centers will hold† ( ) as the title of one of his books says. Perhaps he merely wants to put to rest any fear felt by the technologically hesitant. Technological advancement is here to stay but rest assured by Michael Pemberton that the writing centers will advance right along with it. Pemberton, Michael A. â€Å"Planning for Hypertexts in the Writing Center†¦ Or Not† In The St. Martin’s Sourcebook for Writing Tutors. 3rd Ed. Christina Murphy and Steve Sherwood. Boston. New York: Bedford/ St. Martin’s, 2008:294-308.

Sunday, January 5, 2020

How To Blow an Unpoppable CD Bubble

Ready for some fun with the old CDs you have sitting around the house? You can make giant unpoppable bubbles from them. CD Bubble Materials CD (blank, used, audio, digital... makes no difference)lighterknife or any hard edge Procedure Use a blade or fingernail to scrape away the metal film on the labelled side of the CD. You dont need to scrape the top of the entire CD -- just a couple of centimeters.Apply a flame to the cleared area. It doesnt matter which side of the CD you heat.Continue heating the plastic until it starts to look shiny, like a puddle.Blow forcefully into the molten area to form a bubble. Dont touch the hot area with your lips or fingers! Depending on how well you liquefied the plastic and how hard you blew, youll either get a small rounded bubble, a giant bubble extending  several feet, or somewhere in between.

Friday, December 27, 2019

3 Stoic Strategies For Becoming Happier

Stoicism was one of the most important philosophical schools in ancient Greece and Rome.   It has also been one of the most influential.   The writings of Stoic thinkers like Seneca, Epictetus, and Marcus Aurelius have been read and taken to be heart by scholars and statesman for two thousand years. In his short but extremely readable book A Guide to the Good Life: The Ancient Art of Stoic Joy (Oxford University Press, 2009), William Irvine argues that Stoicism is a admirable and coherent philosophy of life.  Ã‚   He also claims that many of us would be happier if we became Stoics.   This is a remarkable claim.   How can the theory and practice of a philosophical school founded fifteen hundred years before the industrial revolution have anything relevant to say to us today, living in our constantly changing, technology dominated world? Irvine has many things to say in response to that question.   But the most interesting part of his answer is his account of specific strategies that the Stoics recommend we all use on a daily basis.   Three of these in particular are especially important: negative visualization; internalization of goals; and regular self-denial. Negative visualization Epictetus recommends that when parents kiss a child goodnight, they consider the possibility that the child might die during the night.   And when you say goodbye to a friend, say the Stoics, remind yourself that you perhaps you will never meet again. Along the same lines, you might imagine the home you live being destroyed by fire or by a tornado, the job you rely on being eliminated, or the beautiful car you have just bought being crushed by a runaway truck. Why entertain these unpleasant thought?   What good can come from this practice of what Irvine calls â€Å"negative visualization†?   Well, here are a few possible benefits of imagining the worst that can happen: Anticipating misfortunes can lead you to take preventative measures.   E.g. Imagining your family dying of carbon monoxide poisoning may prompt to you install a carbon monoxide detector.If you have already imagined how something awful might happen, if it does occur you will less shocked.   We are all familiar with this on a mundane level.   Many people, if they take an exam, imagine or even convince themselves that they have done badly so that if it turns out that this is the truth, they will be less disappointed.   Negative visualization, here and elsewhere, prepares us mentally and emotionally to deal with unpleasant experiences when they arrive–as they inevitably will.Contemplating the loss of something helps us to appreciate it more fully.   We are all familiar with the way we have a tendency to take things for granted.   When we first buy a new house, car, guitar, smart phone, shirt, or whatever, we think it’s wonderful.   But within a fairly short ti me the novelty wears off and we no longer find it exciting, or even interesting.   Psychologists call this â€Å"hedonic adaptation.† But imagining the loss of the thing in question is a way of refreshing our appreciation of it.   It’s a technique that help us to follow Epictetus’ advice and learn to want what we already have. Of these arguments for practicing negative visualization, the third is probably the most important and the most convincing.   And it goes well beyond such things as newly purchased technology. There is so much in life to be grateful for, yet we often find ourselves complaining that things aren’t perfect.   But anyone reading this article is probably living the sort of life that most people through history would have viewed as inconceivably pleasant.   Little need to worry about famine, plague, war, or brutal oppression.   Anesthetics; antibiotics; modern medicine; instant communication with anyone anywhere; the ability to get to just about anywhere   in the world in a few hours; a vast amount of great art, literature, music, and science available through the internet at the touch a of key.   The list of things to be grateful for is almost infinite.   Negative visualization reminds us that we are â€Å"living the dream.† Internalization of goals We live in a culture that puts tremendous value of worldly success.   So people strive to get into elite universities, to make lost of money, to create a successful business, to become famous, to achieve high status in their work, to win prizes, and so on.   The problem with all these goals, though, is that whether or not one succeeds depends in large part on factors outside one’s control. Suppose your goal is to win an Olympic medal.   You can commit yourself to this goal entirely, and if you have enough natural ability you may make yourself one of the best athletes in the world.   But whether or not you win a medal depends on many things, including who you are competing with.   If you happen to be competing against athletes who have certain natural advantages over you–e.g. physiques and physiologies better suited to your sport–then a medal may simply be beyond you.   The same goes for other goals, too.   If you want to become famous as a musician, it isn’t enough just to make great music.   Your music has to reach the ears of millions of people; and they have to like it.   These are not matters you can easily control. For this reason the Stoics advise us to carefully distinguish between things that lie within our control and things that lie beyond our control.   Their view is that we should focus entirely on the former.   Thus, we should concern ourselves with what we choose to strive for, with being the kind of person we want to be, and with living according to sound values.   These are all goals that depend entirely on us, not on how the world is or how it treats us. Thus, if I’m a musician, my goal shouldn’t be to have a number one hit, or to sell a million records, to play at Carnegie Hall or to perform at the Super Bowl.   Instead, my goal should just be to make the best music I can within my chosen genre.   Of course, if I try to do this I will increase my chances of public recognition and worldly success.   But if these don’t come my way, I won’t have failed, and I shouldn’t feel especially disappointed.   For I will still have achieved the goal I set myself. Practicing self-denial The Stoics argue that sometimes we should deliberately deprive ourselves of certain pleasures.   For example, if we usually have dessert after a meal, we might forego this once every few days; we might even once in a while substitute bread, cheese and water for our normal, more interesting dinners.   The Stoics even advocate subjecting oneself to voluntary discomfort.   One might, for instance, not eat for a day, underdress during cold weather, try sleeping on the floor, or take the occasional cold shower. What is the point of this kind of self-denial?   Why do such things?   The reasons are actually similar to the reasons for practicing negative visualization.   Self-denial toughens us up, so that if we have to deal with involuntary hardship or discomfort we will be able to do so.   There is really a very familiar idea.   It is why the army makes boot camp so hard.   The thinking is that if soldiers become accustomed to hardship on a regular basis, they will cope better with it when being able to do so really matters.   And this sort of thinking by military leaders goes back at least to ancient Sparta.   Indeed, the militaristic Spartans were so convinced that depriving men of luxuries made them better soldiers that this sort of denial came to be integral to their whole way of life.   Even today, the word â€Å"Spartan† means lacking luxuries.Self-denial helps us to appreciate the pleasures, comforts and conveniences that we enjoy all the time and are in danger of taking for granted.   Most of will probably agree with this–in theory!   But the problem with putting the theory into practice, of course, is that the experience of voluntary discomfort is––uncomfortable.   Still, perhaps some awareness of the value of self-denial is part of the reason why people choose to go camping, or backpacking. But are the Stoics right? The arguments for practicing these Stoic strategies sound very plausible.   But should they be believed?   Will negative visualization, internalizing goals, and practicing self-denial really help us to be happier?   The most likely answer is that it depends to some extent on the individual.   Negative visualization may help some people to appreciate more fully the things they presently enjoy.   But it could lead to others becoming increasingly anxious over the prospect of losing what they love.   Shakespeare, in Sonnet 64, after describing several examples of Time’s destructiveness, concludes: Time hath taught me thus to ruminateThat Time will come and take my love away.This thought is as a death, which cannot chooseBut weep to have that which it fears to lose. It seems that for the poet negative visualization is not a strategy for happiness; on the contrary, it causes anxiety and leads him to be even more attached to that which he will one day lose. The internalization of goals seems very reasonable on the face of it: do your best, and accept the fact that objective success depends on factors you can’t control.   Yet surely, the prospect of objective success–an Olympic medal; making   money; having a hit record; winning a prestigious prize–can be tremendously motivating.   Perhaps there are some people who care nothing for such external markers of success; but most of us do.   And it’s surely true that many wonderful human achievements have been fueled, at least in part, by the desire for them. Self-denial is not especially appealing to most people.   Yet there is som reason to suppose that it really does do us the sort of good that the Stoics claimed for it.   A well-known experiment done by Stanford psychologists in the 1970s involved having young children see how long they could hold off eating a marshmallow for the sake of getting an additional reward (such as a cookie in addition to the marshmallow).   The surprising upshot of the research was that those individuals who were best able to delay gratification did better in later life on a number of measures such as educational achievement and general health.   This seems to bear out will power is   like a muscle, and that exercising the muscle through self-denial builds self-control, a key ingredient of a happy life.