Abstract This paper explains that, in "Miranda v. Arizona" (1966), laid down by the Warren Supreme Court, to secure a criminal suspect's Fifth Amendment protection against self-incrimination, the police must advise suspects in custody, before any questioning takes place, of their right to remain silent. The paper also relates the advantages and disadvantages of the Miranda Rights in the areas of custody, mandated warnings, interrogation rights and admissibility of evidence. The paper concludes that the 'Miranda Decision' clearly accomplished its goal by creating a Fifth Amendment right to counsel that is distinct from but closely related to the Sixth Amendment right to counsel.
Table of Contents:
Introduction
Overview of the Miranda Decision
The Pros and Cons of the Miranda Rights
Custody
Mandated Warnings
Interrogation Rights
Exceptions and Limitations
Conclusion
From the Paper "Thus, the rights of the suspect to appointed counsel, the right to silence and the right to non--incrimination are obviously in favor of the suspect. Generally speaking, a suspect does not understand nor is he/she familiar with the methodology involved in an
attorney's actions in court, but with the presence of an attorney, a suspect will be warned what not to say to the police.
"When a suspect remains silent during interrogations, it can be an indication of guilt which further protects the criminal."
Abstract This paper will apply theoretical models of compulsory heterosexuality to an analysis of real-world experiences as exemplified in a high school dance experienced by the author. Later these same experiences will be mediated through the consciousness of an imaginary homosexual female subject of Chinese descent. It will be argued that compulsory heterosexuality functions on a variety of levels and cannot be interpreted simply as a Western or European construct. Rather, as much as with patriarchy, its reach is global and subtly pervasive.
Abstract This paper explains the reasons for the origin of the exclusionary rule and then looks at how this rule has led to the abuse of the Fourth and Fifth Amendments of the U.S. Constitution. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals.
From the Paper "Our nation's judicial system was designed in order to protect the rights of every person from being trampled on by a legal steamroller, or a judicial juggernaut focused on seeking it's own will, rather than dispensing fair, and well deliberated justice. The Framers of the constitution had existed for years under the tyrannical and sometimes whimsical rule of King George, and wanted to safeguard the rights of the citizens involved in legal disputes. However, in recent times, the rights of citizens have bled over, and colored the proceeding by creating rights for guilty criminals. In these cases the laws have made it more difficult to secure judgments against those guilty of criminal activity."
Abstract This paper explains the difference between Constitutional prohibitions and the rights of the citizens. The author points out that all rights belong to the individual, and are delegated to the government by the citizens. The paper relates that the Bill of Rights is not a list of the rights of the citizens but rather prohibitions against the government from taking specific rights away from them. The author states that the 4th Amendment contains restrictions in the use of searches and seizures by law enforcement; the most common violation of this amendment is searching individuals without having a search warrant. The paper tells that a part of the 5th Amendment prohibits self-incrimination as discussed in the case of "Spano v. New York'". The author underscores that the 6th Amendment provides the right to counsel, which is the core argument in the case of "United States v. Wade".
From the Paper "The victim left the bar, and suspect walked back to his apartment and got his gun. It was then that the suspect went to a local candy store where the victim was known to frequent, that he shot the victim five times. The only witness was a young boy. A week later a grand jury issued a warrant to arrest Spano for the murder of the victim. Two days later Spano surrender himself to the police, and was accompanied by his attorney. The attorney instructed Spano not to answer any of the questions outside his presence. It is after Spano's attorney left when the case takes on the typical television police drama plot."
An in-depth study of the pedagogical and curricula implications of flexible learning environments and their related technologies on post-16 year old non-compulsory education in the United Kingdom.
Abstract This paper provides a comprehensive look at various programs of non-compulsory education for adults - over 16 years of age - in the United Kingdom. The paper discusses different population groups that these studies attract. The internet and associated technology is examined in relation to these educational endeavors, illustrating and explaining the concept of the virtual learning environment. The paper also describes distance learning. The pros and cons of these learning programs are detailed in the paper.
From the Paper "VLEs take the use of the computer one step further; placing a wide variety of functionalities in one easily accessed area. A prototypical VLE may include such one-way communication tools as a central noticeboard, a course outline, class lists and student homepages, an online assignment page, a multimedia area, and a means to upload files. Using the noticeboard, the instructor can notify students of upcoming deadlines, make arrangements for simultaneous discussions, and other necessary communications. The course outline can be structured with hyperlinks to take the student directly to the assignment pages, as the class list can be linked to student e-mail addresses or homepages. The multimedia area, as discussed fully below, can deliver information in a means that takes full advantage of the web as a communication tool."
Tags: internet, virtual, distance, learning, teachers, vocational, college, university
An extensive historical overview of the compulsory sterilization laws, their effect on modern policy and their impact on women's rights in the United States.
Abstract This in-depth paper outlines the history of eugenic policies against mentally disabled persons in the United States since the beginning of the 20th century and examines how such policies have been expanded to include minorities, especially poor women. It show these eugenic policies continue in the United States today via limitations on the reproductive rights of welfare recipients. The paper includes explanations of fallacies of arguments used to support these policies, and concludes that these policies unfairly discriminate against women.
From the Paper "While the horrors committed in Nazi Germany forced the United States to reevaluate some of its more extreme eugenic tendencies, policymakers have failed to this day to examine some of the most basic ideologies that led to the original adoption of the eugenic measures. Unfortunately, the history of forced sterilization in the United States in the twentieth century continues to the present day, even to the point of pervading the debate on welfare reform. These arguments about the control of the reproductive rights of women receiving welfare aid are detrimental to the rights of women. It is therefore necessary that issues concerning the reproductive rights of women receiving welfare be eliminated from all discourse on the topic of welfare ?reform.?
Abstract This paper debates the advantages and disadvantages of home schooling and public school education. This work focuses on both the pros and cons of home schooling and public compulsory education. Some of the main points of contention between home school advocates and public school advocates are related to socialization, cultural and moral issues, curricular issues, individualized learning issues, and of course focused and class size and school safety concerns. The paper asks: Does a home school setting offer enough curricular diversity?; Does a home school setting offer enough socio-cultural diversity?
From the Paper "Choosing the type of education your child will utilize is a very personal decision and is often debated on a philosophical, psychological and sadly even on an economic level. (Zellman1998 pp. 370-308). Because the decision is so personal and the perceived risks, sacrifices and rewards are so large many people both before and after the fact build very strong and vocal cases for the decision they have or will make for their child. In some cases this very vocal and powerful case for one or the other system can be seen as a demonstration that the other choices are less valid and or less beneficial to the child."
This paper discusses corporate communications in the pharmaceutical industry, especially the published annual reports of Pfizer, Abbott Laboratories, Abiomed, and World Heart Corporation.
Abstract This paper explains that corporate communications is a method of communication in which the company is discussed without trying to promote any specific product. The author points out that corporate communications has become even more complex than it was earlier because of the development of the electronic media. The paper states that the Annual Report is a compulsory document published by every company, which is one of the primary tools in the building of the image of a company to the stock market.
Table of Contents
Introduction
Corporate Communications
The Internet
E-mail
Feedback Functions of the Internet
The Case of VNU
The Annual Report
The Annual Report of Pfizer
The Annual Report of Abbott Laboratories
The Annual Report of Abiomed
The Annual Report of World Heart Corporation
Discussion of the Companies? Annual Reports
From the Paper "Today one of the most common tools of communications is the internet, and this was developed from an information sharing system originally developed by the US Department of Defense in the early part of the 1970s, when it was known as ARPA- Net. (Herman & Swiss, 2000). This has today grown into a worldwide network and reaches almost every computer that exists, and thus has networks linking millions of people through millions of computers. Some view this system only as an information resource, and certainly it has information resources, which can be easily tapped, but it is also a very powerful communication tool with some different ways of communication between different people in different parts of the world."
Abstract This paper highlights the causes and effects of the compulsory licensing of pharmaceutical products. The paper discusses the fundamental positions, attitude, inclination, and concerns of the developed world and the under-developed world with regard to the intellectual property rights of the pharmaceutical products. The paper also concentrates on the subject of the intellectual property rights of the biotechnology products. The paper also exposes the priorities of both the developed world and the under-developed world, priorities that have been a major hurdle in all previous negotiations on Intellectual Property Rights (IPR) protection. Subsequently, the paper gives practical recommendations that ought to be followed in all future negotiations so that both parties can derive maximum benefits from the patentability of pharmaceutical products.
From the Paper "Over the years, it has become a general belief that biodiversity will pave the way for a solution to almost all the diseases that exist today and continue to negatively influence our lives. This belief has led scientists to take further steps in the Research and development (R&D) of biotechnology. These steps comprise of various compounds, compounds that are biologically active, compounds that are natural resources, for example microbes, insects, fungi, marine organisms, and plants. However, laboratories are not capable of producing these complex biologically active and complex compounds. This is because the key places of genetic biodiversity are situated in the tropical and the subtropical regions of the world (Tara, 1994). Therefore, it is imperative for biotech scientists to go into the tropical forests with the purpose of locating these biologically active compounds."
Abstract This paper studies the Individuals with Disabilities Education Act which guarantees access to free public education of the six million American children with disabilities. The paper explains that in its 26 year history, IDEA has never been fully funded by Congress. While the paper says that Congress has taken great strides in the last few years, IDEA is still underfunded. The paper cites statistics regarding the educational achievement of people with disabilities and calls on Congress to fulfill their promise of free compulsory education for the handicapped.
From the Paper "The basics of the proposal include (i) Making IDEA funding compulsory. (ii) Raise the federal contribution from 17% to 40% (iii) Achieve full funding in a phased manner over six years. (iv) Need states to maintain their level of endeavor (v) Motivate the schools to intervene early the life of the child and offer developmentally suitable programs and services. Developmentally suitable intervention during the initial years can remarkably lower subsequent referrals to special education and ultimately aid in controlling the costs of special education. According to Part B of the IDEA which was the first to be accorded by the Congress to contribute up to 40% of the Average Per Pupil Expenditure -- APPE for every special education student. With 6,153,000 covered under the IDEA, schools are eligible to receive $18.01 billion federal funds. Regrettably, schools are just receiving a paltry $7.5 billon. (National Education Association: IDEA Funding Coalition Offers Proposal -Plan would make funding mandatory)"
This paper investigates the facts surrounding the use of the FBI Internet program 'Carnivore' in obtaining communication and other incriminating evidence from possible terrorists and criminals.
Abstract The paper thoroughly examines the issues surrounding FBI's use of 'Carnivore' Internet Program in terms of the violation of personal privacy and freedom, its use as vital tool in hunting and apprehending criminals who use the Internet as a medium of communication, in particular after the events of September 11, 2001. The paper argues the government's "Carnivore" program erodes our constitutional freedom for the majority of law-abiding citizens.
From the Paper "The events of September 11, 2001 are, at the least, unforgettable. That day will live in infamy as the point when the nation's false sense of security and personal safety within out country was shattered. The large jagged pieces are still being swept up within our lives, but the cracks in society ran deep, and are, I think, permanent. Out of the ashes of 9-11 have been borne many new approaches to terrorism and law enforcement in general. One such advance is the widespread use of a fairly new technology known publicly as "Carnivore". An Internet based tool, Carnivore, along with many other modern and tried-and-true methods, is used by the FBI to obtain information about possible suspects and even intercept incriminating evidence in a possible terrorist attack or other impending crime, all via the Internet. The upside of this technology is the possibility to reconnoiter suspects via the Internet by intercepting data from said suspect. The downside is unconditional snooping upon possibly non-criminal individuals either connected with or not connected with a suspect. Also known as invasion of privacy."
Abstract The paper covers many famous court case which deal with the exclusionary rule and how they relate to the fourth and fifth amendments in the Constitution. The exclusionary rule applies to the waiver of production of evidence that may incriminate someone. If the evidence is regarding defrauding, this evidence is excluded from this rule.
From the Paper "Injustices occur every day in the eyes of citizens that are law abiding. The due process clause of the Constitution sometimes allows people who have committed crimes to be freed based on technicalities. These technicalities can also usually be called mistakes on the part of criminal justice personnel. Someone who has dedicated his or her life to protecting truth and justice made a mistake, knowingly or unknowingly and thus society pays the price. Allowing a criminal to go free never seems to be the just thing to do. However, considering it was a provision of the Constitution it is the right thing to do purely based on the fact the Constitution was created to protect the rights of citizens, good or bad."
Abstract This paper examines the Georgia lawsuit, Atlanta Motel vs. United States, 379 U.S. 241 (1964), which is about a motel restricting clientele to white customers only. The paper describes the legal battle for enforcing the Civil Rights Act of 1964 and the issue that it violates the Fifth Amendment right against self-incrimination. The paper is written in legal format.
Table of Contents:
Citation
Facts
Previous Decision
Issue
Decision
Reasons
From the Paper "Reasons for the Lawsuit:
The appellant is the owner of a large motel (Heart of Atlanta Motel Inc.) in Atlanta, Georgia who restricts his clientele to white people, 75% of whom are inter-state travelers. He has filed a suit to perpetuate his policy of refusing rooms to Negroes. The defendants or appellees are the United States et al."
Abstract This paper reviews Act IV of William Shakespeare's "Othello" which discusses and illustrates Othello's lapses from sanity to insanity. It examines how Othello's insanity is the result of jealousy, betrayal and rage and how Act IV of "Othello" provides two incriminating pieces of evidence that make Othello confirm Desdemona's betrayal and adultery. Because of the supposed betrayal of two individuals that he trusted most, Othello wasn't able to gain control of his anger, jealousy and embarrassment - he later fell into an epileptic seizure, a sign of both physical and mental instability of his state.
From the Paper "The first 'evidence' is the presence of handkerchief in Cassio's (in actuality, Bianca's) possession, while the second evidence is the conversation between Iago and Cassio that Othello had witnessed. Othello thought that the two men were talking about Desdemona, but in actuality, Cassio and Iago were talking about Bianca, to whom Cassio had relations with. With these two 'incriminating' evidence presented to Othello discreetly by the traitor Iago, Othello began raging about Desdemona's betrayal, about his hurt ego (although this is only implied), and the fact that Desdemona's treachery has to do with Othello's trusted man, Cassio."
Abstract This paper gives a brief insight of how the murder of the wife of ex-football-star-turned announcer caught the country's full attention in 1995. It examines some of the evidence leading to his arrest and provides some incriminating facts that the jury did not have access to during the trial and discusses how Simpson was eventually released. It evaluates how the schism between the races still exists and how televised criminal cases and media-hype can cripple the justice system in America.
From the Paper "None of this evidence is circumstantial. It was incriminating evidence that pointed to a killer. By law, it was all hard evidence that would have resulted in the conviction of any one else by the justice system. However, the fact that O.J. was a celebrity and the fact that the trial was moved out of Santa Monica were contributing factors to a non-guilty decision.
Unfortunately, too many things went wrong in Simpson's favor and he got off Scott-free. If the LAPD had conducted a full interrogation, if Mark Fuhrman had not lied on the witness stand about his use of the "n" word and if Cochran hadn't played the "race" card so well, justice would have prevailed in this case."
Tags: media-hype, guilty, racism, jury, evidence, LAPD, justice, system
