This paper examines the evolution and evaluation of the exclusionary rule from its origins in the 1789 Virginia Bill of Rights to the modern landmark case of Mapp v. Ohio.
Abstract This paper explains that the exclusionary rule falls under the province of the Fourth Amendment of the Constitution, which protects citizens against unreasonable searches and seizures from agents of the state; and upon which the Supreme Court ruled in 1914 that any evidence obtained in unlawfully or illegally was inadmissible as evidence during a trial. The author reviews important cases that have shaped the scope and spirit of the exclusionary rule, such as Leon v. United States and Vernonia v. Acton. The paper studies criticisms against the exclusionary rule, including arguments that by letting criminals get their cases dismissed on technicalities, the exclusionary rule subverts the justice system.
Table of Contents
Definitions of the Exclusionary Rule
History of the Exclusionary Rule
Boyd v. United States
Weeks v. United States
Wolf v. Colorado
Mapp v. Ohio
Exclusions to the Exclusionary Rule
Criticisms of the Exclusionary Rule
Arguments in Defense of the Exclusionary Rule
Alternatives to the Exclusionary rule
Conclusion
From the Paper "One of Madison's proposals was based on the Virginia law against general search warrants. Thus, the proposed Bill of Rights included a provision to guarantee citizens protection against unreasonable searchers and seizures, a provision that eventually formed the foundation for the Fourth Amendment. Furthermore, Madison also pushed for a clause protecting people from becoming witnesses against themselves. Madison and his supporters were concerned over previous practices in Church tribunals, where confessions extracted through torture were then used against a defendant in Court. This clause in turn formed the basis of the modern Constitution's Fifth Amendment."
This paper discusses the old Iraqi government, the interim government that is currently in place, and the government that will be in place in Iraq following the war there.
Abstract This paper explains that Saddam Hussein's main goals were to increase Iraq's territory and to ensure that Saddam Hussein stayed in power for as long as possible. The author points out that the main enemies of the interim government in Iraq are political groups within Iraq that disagree with how the country is being redeveloped and managed. The paper stresses that the aim of both the interim and the new governments will have to be economic growth as their main short-term concern and economic stability as a long-term aim.
From the Paper "In terms of the main threats to the interim/future governments of Iraq, there will be from people within Iraq, and within the Middle East, who disagree with America's involvement and who do not like the government that is put in place. (It is to be remembered that Iraq, like Afghanistan, is made up of many distinct tribes, divided according to religion, and that, as such, it will be extremely difficult to pleas everyone. The world has to be prepared for what will happen when these groups begin to vent their anger at what has happened in Iraq. In terms of addressing these threats, the people behind the organization of the interim/future governments will have to tread a difficult path and to reach a compromise solution, which is sufficiently to everyone's liking as to avoid such potential conflicts."
This paper reviews four fundamentally different intellectual traditions and offers input as to where the "public administration" of the U.S. is in 2003.
Abstract This paper introduces the issue of public administration and then discusses four major theories of public administration: the Hamiltonian Tradition, the Jeffersonian Tradition, the Madisonian Tradition, and Wilsonian Tradition. The paper then compares these traditions and provides an analysis of the traditions and today's U.S. executive administration.
From the Paper "Alexander Hamilton's insistence on a strong executive branch was not based solely on his desire to push his own philosophy of public administration on the young nation. He had seen the failure of the Articles of Confederation in its attempt to solidify the country; states quarreled about everything before ratifying the Articles, and some even went out on a limb and had their own foreign policy. States couldn?t agree on paying for a national army, nor on taxation and spending. Hamilton's balancing act was, how does the country create an executive "powerful enough to make the government strong" (Kettl, page 30) and yet how does the country prevent a concentration of too much authority and power in the White House? Hamilton had plenty of experience in executive decision-making, as he was the very first treasury secretary in the nation; and it was his authorship of documents on public credit, national banking, and manufacturing that later formed the basis of the executive branch of national government."
Abstract This paper discusses the North American Free Trade Agreement (NAFTA), which was was introduced in 1994. It examines how, before and after its introduction, there were many concerns that it would be harmful and not helpful and how, despite these concerns, it was introduced. It looks at how, almost ten years later, it appears that the NAFTA has been a big success. While there are also some negatives, the benefits are so great that the few problems are minor. It considers NAFTA to show where it came from, what it achieves, and what benefits it has provided.
Outline
First Stages of the North American Free Trade Agreement
An Overview of the North American Free Trade Agreement
A Brief History of the North American Free Trade Agreement
The Successes of the North American Free Trade Agreement
Economic Benefits
Manufacturers
Agriculture
Benefits for all Businesses
Global Trading
Environment
Labor
Consumers
Conclusion
From the Paper "The NAFTA began in 1990 when President George Bush announced that one of the government's goals was to establish a free trade zone for the Americas. At this time, free trade agreements had been created in other parts of the world for some time. The European Free Trade Association (EFTA) was created in 1960 and had been working on creating a European free trade zone since then. The Association of Southeast Asian Nations (ASEAN) was created in 1967 and had been working on creating free trade zones across Asia since then. In 1990, this was giving European and Asian countries an advantage that America did not have. This resulted in Bush's plan to create a North American trade zone."
Abstract This paper examines the health care system of Germany from the time of the reunification of East and West Germany to the present. It looks at the admirable services, quality, and extensive coverage Germany has managed to provide its citizens under a socialized form of health care, while avoiding all the pitfalls of socialized medicine. The paper also examines some of the pressures the system is now facing and the reasons for this pressure and looks at the debate regarding how much coverage Germany should be obligated to provide its citizens.
From the Paper "In 1949, when the occupying armies of the Allies left the region that had been the German nation, two states were created, Communist-bloc East Germany, and a western-friendly democracy, West Germany. In 1961, the East Germany government erected a wall in Berlin to keep East Germans from becoming West Germans. The wall, a hated symbol but also a real wedge into German culture and society, stood until 1989. Suddenly, in the spring and summer of that year, there was an exodus of East German citizens through embassies in Poland, Hungary and Czechoslovakia. In early October, there were unheard-of public demonstrations against the East German government in Berlin and Leipzig."
Abstract This paper discusses how the Vietnam War was devastating to many people for many reasons and how many individuals have expressed the torment that the victims of the Vietnam War experienced through writing, photography, and motion pictures. It examines some of these works, such as Tim O'Brien's "The Things They Carried", and the movie, "Dear America: Letters Home From Vietnam", and shows how these personal experiences help us relate to the weight of the war, as well as understand the scope of the war's reach.
From the Paper "The image "What They Carried" also makes a powerful statement about the war. The first thing we notice is that the soldier is missing one leg and it appears that both of his arms have been broken. The image is black and white, which adds to the dramatic mood of the image. The man looks confused and tired as he stands in a metropolis (New York perhaps) under a cloudy sky. What is striking about the image is that it focuses on one soldier out of hundreds of thousands who fought in Vietnam. We can see how the soldier feels isolated and abandoned by his country. We cannot help but think of each individual life that was effected by the war and how displaced those who returned must have felt--especially those who were wounded."
Abstract This paper looks at how assumptions made about the Cold War by U.S. policy makers in the 1940s and 1950s affected U.S. relations with Latin American countries. The paper then proceeds to evaluate the validity of those Cold War assumptions.
From the Paper "During the 1940s and the 1950s, U.S. foreign policy makers were faced with an unprecedented and unexpected threat from the Soviet Union. Because of this threat, this period of U.S. History became known as ?The Cold War.? ?For a time early in 1945, it seemed possible that a lasting friendship might develop between the United States and the Soviet Union based on their wartime cooperation.? The Soviet ally whom the United States had relied upon during World War II had metamorphosed into a danger to U.S. international security, rather than a friend. The USSR's influence, by the end of the 1940s, had spread across Eastern Europe and threatened Western Europe. The United States began to see communism itself as an infection, spawned by Stalin, rather than as a complex ideology. U.S. policy makers feared that communism, which they equated with Soviet foreign influence, could spread anywhere around the globe where revolution might be fermenting."
Abstract This paper begins by discussing the origins of the Social Security policy. It then looks at the economic conditions at the time of imposition and discusses the reforms in the welfare system.
From the Paper "Social Security came into existence in 1935. The economic conditions of the United States surrounding that era drove the existence of a social welfare body. The main objective of forming Social Security was to provide benefits to the elderly. These benefits included not only financial support but spanned to physical and mental health, accommodation, employment opportunities and access to community services. These were the core objectives of the Social Security Service in the past."
Abstract This paper discusses the crises on the Korean Peninsula, focusing on the tension caused by North Korea as a result of its conducting a nuclear weapons program. The paper also illustrates the conditions that led to the critical condition on the Korean peninsula. This paper also highlights the reaction of countries, such as the United States, China, Japan, and South Korea towards North Korea's nuclear weapons development.
From the Paper "While the United States worries about the deadly nuclear weapons created by North Korea, South Korea on the other hand is perturbed about North Korea's economic conditions and the possibility of troop demobilization on both sides of the Demilitarized Zone. North Korea posses the following problems to the international communities, namely its determination to follow its own path to development renders the society nearly impervious to foreign advice and assistance. The array of institutions and processes which have been available to most other developing countries has been largely rejected by Pyongyang."
Abstract This essay discusses the U.S. foreign policy towards Middle Eastern and Latin American countries before 9/11 and post 9/11. The foreign policy is analyzed, its inherent problems are highlighted, and a comparison of U.S. foreign policy towards the Middle East with U.S. foreign policy towards Latin America is made.
From the Paper "With all eyes turned toward Iraq and the Middle East, South America rarely makes the headlines in the United States. Except for perhaps tighter controls and security on U.S. borders and waterways since September 11th , it seems Latin foreign policies are not top priorities for Washington. However, recent events in October in Bolivia led to "a massive mobilization of Indians and peasants"military crackdowns that left as many as 70 people dead"and led to the demise of the conservative Gonzalo S"nchez de Lozada government on Oct."
Tags: homeland, security, act, immigration, policies, state, department, interests, democracy, arab, world, anean, region
Abstract In developing their theory of government, both Hobbes and Locke start with a theoretical state of nature. As opposed to using concepts resulting from religion and divinity, this paper explains that both use nature as the basis to arrive at their respective conclusions. It compares the difference between the two theorists, as they lie in their ideas of the nature of man and how a man conducts himself in the state of nature. Although both talk of a social contract while developing their respective ideas of government, Hobbes favors monarchy. The writer first discusses the concepts within each thinker's theory and then discusses the principal advantages and disadvantages of Locke's and Hobbes's social contract, stating which theory the writer believes to be the best.
From the Paper "Hobbes is a product of the scientific revolution (a.k.a modern science), which was the point at which information (proof) was gathered to conclude facts rather than relying on the old book and religion. As a result, Hobbes attempts to answer questions as a scientist. There is debate on the methods he used, more specifically the atomic method. For example, ?people are the atoms of society.? In order to understand how people work, we must break the people down, put them back together to form the society, and then we will understand. Another example is the "Ring of Gyges". Gyges put the ring on his finger and he becomes invisible. If he turns one way he is invisible and turning the other way he becomes visible. The story ends by Gyges sneaking into the queen's room, sleeping with her, and then he kills the king. The story exemplifies the ability to do anything that a person wants without ethical consequences. If a human being had the power to do anything they wanted without having to suffer from the possible consequences, they would use it to their advantage. According to Hobbes, humans seek to maximize. Psychological Egoism states that people always act to maximize their self-interest. Furthermore, we help other people because we believe it will help or strengthen our own self-interests. Altruism states that people are capable of compromising their own interest for the interest of other: risking your life for others. Egoist would run into a building on fire to save a person because they want to feel good about themselves or be recognized as a hero not necessarily for the welfare of that individual. Hobbes rejects Altruism all together."
Abstract Those who argue against allowing prayers in school point to the American Constitution, which mandates a separation of church and state. Those who support the issue, however, remind the world that Senate, Congressional, and city meetings start with a prayer. This paper presents a detailed examination of the issue of prayer in school. The writer explores the issue from both sides and includes several examples of government debate regarding prayer in schools. After presenting both sides of the issue, the writer's view is presented on the side of those who believe that a student should be able to express his or her religion freely, but should not be forced to do so.
From the Paper "One of the problems with the issue of allowing prayer in school or not is the fact that the public is receiving many conflicting messages. The constitution clearly mandates that there should be a separation of church and state. To those who are against prayer in school, this easily translates to believing the founding fathers did not want anything spiritual allowed into a public school system, which after all is funded and run by the "state", a government body. Separation of church and state, according to the detractors of prayer in school, means that no religious events or activities should be allowed within the school grounds during public school hours."
Abstract This paper begins by comparing the electoral voting system in the U.S. with that of other democratic nations. The paper explains that the U.S. uses the electoral college system, whereby each state is allocated a value depending on size and population, and then the state vote is collected to make the overall national vote. The paper then looks at other countries' systems, including Canada, Mexico, and Australia. The writer comments on why voter turnout in America is low compared to other democratic countries.
From the Paper "One of the main differences between the United States election process and other democratic nations? in the United States? use of the Electoral College. In the United States, the Electoral College is the Constitution's name for the provisions for electing the president. In effect, the United States Electoral College elects the president through individual simultaneous state elections, rather than through one national election. This Electoral College is comprised of electoral colleges in each state. Those electoral colleges are made up of individual voters, who are responsible for casting two votes each, one for president and one for vice president."
Abstract Health services are crucial for any American, illegal alien or not. The paper argues that to refuse health care to people because they are in the country illegally is not only cruel and heartless; it simply ignores the foundation of freedom upon which America's ancestors built the country. This paper further argues that illegal aliens in the United States should be entitled to receive basic health services and gives compelling reasons why this is true.
From the Paper "However, as these immigrants enter the country illegally, work here illegally, and do not (or can not) retain citizenship, a growing number of the public and their legislators believe these people should not receive basic needs when they are in need, such as health care. California voters passed Proposition 187 in 1994, and part of the proposition banned public services to undocumented aliens working and living in the state. Eventually, the higher courts threw much of the Proposition out, but it gained national attention and several others states that have large immigrant populations, such as Florida, began writing similar legislation for their own states. However, most immigrants say they do not come to America for the social services they can receive ? they come for jobs, and legislating against them cannot change that."
Abstract The Federalist Papers provided the blueprint for what was later to become the American Constitution and provided guidelines and step by step directions about the setting up of a nation. This paper presents a detailed examination of the Federalist Papers. The writer explores the papers and discusses how they contributed to the nation's growth. In addition, the writer explores the anti-federalist papers and discusses their place in the growth of the nation. The paper also touches on the importance of the papers in modern American.
From the Paper "The Federalist Papers went on to gain the support the authors were looking for regarding the proposed constitution. At first glance it may appear that the papers had served their purpose and were no longer needed today, but that is not the case. The Federalist Papers still have a significant impact on the nation currently for several reasons. Courtrooms around the nation are packed with cases in which the judges and juries are charged with determining whether or not the constitutional rights of the defendants have been obeyed. In addition there are political situations nationwide every day that must adhere to or go against the constitution."
