Mapp V. Ohio

CRJU 310 Judge Oberholzer April 12, 2009 Mapp v. Ohio * Mapp v. Ohio * 367 U. S. 643 * (1961) * Character of Action Mrs. Mapp was found guilty and sentenced to prison 1-7 years. Mrs. Mapp and her attorney took the case to the Supreme Court in Ohio. * Facts: Three police officers went to Dollree Mapp’s house asking permission to enter into her house, because they believed that she was hiding a fugitive in her home. When she did not allow the police officers into her home, the police officers left and came back three hours later with a search warrant. When Ms. Mapp asked the police officer if she could see the warrant, he held up a piece of paper that was believed to be a fake warrant. The police officer handcuffed Ms. Mapp for â€Å"resisting arrest†. As the police officers looked around her house, they did not find any fugitive but they did find pornographic material in a suitcase that was by Mrs. Mapp’s bed. Mrs. Mapp told the police officers that the pornographic material was not hers but that it belonged to another individual that she had loaned the suitcase too. Mrs. Mapp was arrested, found guilty and sentenced for having pornographic material. * Issues: A. Was the issuance of the warrant by the police officer invalid in violation of the Fourth and Fourteenth Amendments? YES. B. In the absence of a warrant, may a search and seizure take place in a person’s home without their consent? NO. C. Is evidence obtained, without a warrant, from voluntary submission of a third party inadmissible in a court of law in violation of the Fourth and Fourteenth Amendments? NO. * Decision: The Court held that the exclusionary rule, which prevents unconstitutionally btained evidence from being introduced at trial, applies to states as well as to the federal government. * Majority Opinion: (by Justice Clark) Issue (A) — Yes. Reasons: i. The Fourteenth Amendment requires that a â€Å"neutral and detached magistrate† must issue a warrant. ii. Justice Clark declared, â€Å"The exclusionary rule should also apply to states, saying that states are not permitted to use evidence gained by illegal means to convict a person. With a 6-3 vote of approval, Mapp's case was overturned and the law was forever changed†. Issue (B) — No. Reasons: i. Justice Clark declared, â€Å"We hold that all evidence obtained by searches and seizures in violation of the Constitution [is] inadmissible in a state court†¦ Were it otherwise†¦ the assurance against unreasonable†¦ searches and seizures would be [meaningless]†. Mrs. Mapp at the time of her arrest was not issue a warrant just a piece of paper. The police officers still searched her house without her consent. 09. Concerning Opinion: by (Justice Black) Justice Black shares the doubt that â€Å"The Fourth Amendment alone can be used to prevent illegally obtained evidence from being used in state courts because it is not explicitly stated. Justice Black also believes the command that no unreasonable searches or seizures be allowed is too little to infer such a large decision. With these differences aside Justice Black feels that along with previous court decisions that the â€Å"Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary rule. Concurring/Dissenting Opinion: (by Justice Clark, whom the Chief Justice joins) These two justices, Clark and Brennan came to an agreement with Mrs. Mapp that her rights as a citizen of the United States were violated. Both Justices used the Fourth Amendment and that is evidence obtained in violation of the Fourth Amendment, which protects against â€Å"unreasonable searches and seizures†, may not be used in criminal prosecutions in state courts, as well as federal courts. Concurri ng/Dissenting Opinion: (by Chief Black) Justice Black found that the case was a combination of the Fourth and Fifth Amendment and not with the Fourteenth Amendment. Justice Black turned out to be the swing vote. Even though, he joined the Court’s opinion he did it for his own reasons. For the reason, Justice Black wrote a separate opinion that was not joined by any other justice. Concurring/Dissenting Opinion: (by Justice Stewart) Justice Stewart wrote the majority opinion in Elkins. Yet, he refused to join the Court’s opinion. He did vote with the majority to reverse Mrs. Mapp’s conviction. 10. Comment: Mapp v. Ohio is an important case that made history. For the reason it has to do the Fourth and Fourteenth Amendment. All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U. S. 25, overruled insofar as it holds to the contrary. Pp. 367 U. S. 643-660. (A) A warrant must be issued by a â€Å"neutral and detached magistrate† who is not involved in either the investigation or prosecution of the suspect upon whom such a warrant is issued (Harvard Law Review, Vol. 5(3), 1971, pp. 239-250). (B) At the trial, no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. At best, â€Å"There is, in the record, considerable doubt as to whether there ever was any warrant for the search of defendant's home. † 170 Ohio St. at 430, 166 N. E. 2d at 389. The Ohio Supreme Court believed a â€Å"reasonable argument† coul d be made that the conviction should be reversed â€Å"because the methods' employed to obtain the [evidence] . . . here such as to `offend â€Å"a sense of justice,†Ã¢â‚¬ËœÃ¢â‚¬  but the court found determinative the fact that the evidence had not been taken â€Å"from defendant's person by the use of brutal or offensive physical force against defendant. † 170 Ohio St. at 431, 166 N. E. 2d at 389-390. Mrs. Mapp took a stand against the police officers because she felt she was doing nothing wrong. The police officers assumed that Mrs. Mapp was involved in hiding a fugitive as well as in hiding some illegal betting equipment. When the police officers got to Mrs. Mapp’s house they asked to go in she said â€Å"no†. Three hours later the police officers came back with a piece of paper (not a search warrant) when Mrs. Mapp asked to see the warrant she had to struggle to get it. The judges overturned the conviction because the police officers had violated the fourth Amendment. 11. Principle of the Case: A warrant issued by any public official, other than â€Å"neutral and detached magistrate† is invalid in violation of the Fourth and Fourteenth Amendments. A person’s home cannot be searched without their consent or without a search warrant.

The leading founders of the United States of America

Explain why you think one of the following made a significant contribution to American political thought prior to 1800: Benjamin Franklin, James Madison, George Mason, Abigail Adams, Alexander Hamilton, John Jay, or Tom Paine. Explain his or her role in these important deliberations and why you think it was significant to the process, and may have influenced final outcomes. BENJAMIN FRANKLIN Benjamin Franklin was born on January 1, 1706 In Boston Massachusetts; he was the youngest child and the tenth boy in a family of 17 children.He was one of the leading founders of the United States of America, a member of the committee that draft6ed the declaration of independence and was one f its signatories. Despite the fact that his formal education ended early, this never terminated his education, he believed that the doors of wisdom are never shut, in connection, he learned simple algebra, navigation, logic, history, science, English grammar and a wide knowledge of several other languages.A s will be discussed below, Benjamin Franklin’s contribution or role or influence on the American political thought prior 1800 was and still remains significant both in America and in all the other parts of the world. To begin with his contribution is shown or rather confirmed in his belief in the fact that good citizenship included an obligation of public service. He himself served in United States of America in one way or the other for most of his life, for him there was no greater purpose in life than to live peacefully.Again, Benjamin as a political activist and writer, more than anyone, invented the idea of an American nation; furthermore, he was an early proponent of colonial unity. He also founded the roots of American characters and values, a marriage of the practical and democratic Puritan values of thrift, community spirit, self government institutions and opposition to authoritarianism both political and religious with the scientific and tolerant values of enlighten ment.Benjamin Franklin also spearheaded the effort to have parliament repeal the unpopular stamp act, this was in the American governing body. He became involved in politics after which he was selected as a council man then he became a justice of the peace for Philadelphia. Later on after being appointed the deputy master general, his most noticeable services in domestic politics was his reform of the postal system (Woolman, 2004). He also affected diplomatic service in connection with the relations of the colonies with Britain and later with France.He also protested against the political influence of the Pennsylvania family in England who were the proprietors of the colony. Another factor which shows contribution politically is that he was a member of the club of honest Whigs alongside other thinkers like Richard Price; this is when he became involved in active politics. He is also the founding father to four of the major documents of the United States; the declaration act, the tre aty of Paris, the treaty of Alliance and the United States constitution and all these form a very vital part of the American political system.The other significant thing he did that helped to tighten the American political system was that he advocated for the abolition of slavery which in turn led to stable political government. Among his many political roles there are some of the most evident ones which are discussed below; he was a representative in the Pennsylvania assembly, a colonial agent at London and a representative to the continental congress at Philadelphia in 1776 and the United States ambassador at Paris in 1783. At each of these pints, his political and social roles had changed.He was well situated and well positioned in his area of leadership that he was able to participate directly in the formation of government policies, by worship1785, he was on the periphery of the forums of political power and social privileges Although Benjamin Franklin’s use and discover ies in science and innovation are well rounded accomplishments, he is most credited for his action in the political office. Benjamin’s ethical mind and thoughts helped make the nation of America what it is today. He believed that America had to separate itself from its control under Great Britain.It is therefore a justifiable conclusion that perhaps his most heroic act is the work he contributed to make America the free nation it is today. Benjamin stood firm in his ground and belief that the Americans had to branch off from England even if there was strong opposition. He had to take the risk to as great depths as compromising with his fellow politicians yet he proved really heroic in the time of the political turmoil in the land for his ability to reason with others, stand true to his belief and the courteous nature at all time. Precisely, his work as a politician paid off greatly, more than he may have expected (Tomasi, 1999).Benjamin Franklin was truly the first American t o live the American dream, the dream that everyone, regardless of gender, race or background can be anything they desire through honesty and hard work. To cup it all, Benjamin Franklin was and still remains a hero in that through the voice he had in America, he has since brought hope to so many a people and through him, everyone seems to be having a bright future in the United States of America. He is truly a hero. Works cited Woolman, J. Autography of Franklin. Harvard: Kessinger Publishing, 2004. Tomasi, M American History. NY: Oxford, 1999.

Literary analysis of hunger Games Book 1 Essay

In Susan Collins’s book the â€Å"Hunger Games† the character of Katniss Everdeen is considered by many to be an example of gender role reversal. Though Katniss does portrait many traits that may be considered masculine in and of themselves, she also portrays feminine traits. Her possession of these feminine even instinctually motherly traits steer my opinion to the thought that these traits are more due to her position in her family then to that of a girl who is tomboyish in nature. In this paper I will show that the behaviors of Katniss Everdeen are traits of an eldest child of a single parent household by assuming the roles of both mother and father as opposed to simply being characterized examples of gender role reversal. The book starts out explaining the back story of Katniss, her father who she was very close with died in a mine explosion five years before the books present day. Now she is left with a mother how is so overwhelmed with grief that she can barely function and a little sister who needs she to be raised. While her father was alive their relationship seem to be very similar to that of a father with no sons who tends to teach their daughter all they would teach a son, I know this relationship very well. While fathers love their daughters they seem to have this primal need for a son, an heir. Similar to other eldest female children when their fathers unexpectedly die, she had to step up and help her mother with the family, and in her case as is in some cases she has to be the parent. While I understand Katniss’s frustration over her mother’s actions after her father’s death, this is her reality and she deals with it and takes care of her family. The very first example of this new parental role in the book is the when Katniss narrates â€Å"The last thing I need is another mouth to feed† (3). Already we are seeing Katniss as the parental provider, she doesn’t say that the cat is the last thing they need, she says it’s the last thing she needs. Then she goes into talking about preparing the food, she has killed. Using the hunting skills her father had taught her, although hunting is considered a masculine activity, she hunts to feed her family to supplement their food stores due to shortages. Any spoils from her hunts left after supplying her family she sells in the â€Å"Hob† the black market (5), earning money to support her family as a father would. Even before the games begin Katniss begins to show concern for this young  girl Rue another tribute, maybe it is Rue’s age she was after about the age of Katniss’s little sister Prim. During the games there is a point where Katniss thinks that one of the kills she heard could have been Rue, you can hear the concern in her thoughts. In a game of survival where everyone is your enemy, Katniss bonds with Rue and tries to protect this little girl. They snuggle together for warmth at night and teach each other to survive by day. When Rue is killed Katniss with an almost maternal rage immediately kills Rue’s killer, this is the first actual kill for Katniss. Then she defies the rules and morns the death of Rue having a makeshift funeral for her and a song from Rues district. This was definitely a turning point for Katniss, she once again in her life had to block out emotion and focus on survival. At this point it was no longer a game of evasion for her it turn to a kill or be kill. Never the less, she maintained her compassion. Which was evident with Peeta, even though she was not sure of his truest intention when he was injured and being hunted she cared for him and protected him. Any other tribute may have left him for dead, but she didn’t. She tended to his wound, feed him, and defended him from the careers that were out to kill him risking her own life. Her actions are like that of an eldest child caring for younger or helpless needy siblings, I know personally I treat everyone in need of help as if they were one of my younger siblings. These are not traits of gender reversal these are traits of a protector a provider a parent. When our children wrong us we forgive and still focus on their protection and safety. When our children are in danger we find amazing strengths we never knew we possessed to protect them. When they hunger we find a way to feed them. Most importantly we survive the harshest of times, overcome the greatest of obstacles and sacrifice ourselves to return to those who need us most. Katniss is no different all she did she did to return to her family to ensure their survival. Without the parental traits she possesses the outcome of the Hunger Games may have been very different. But because of these traits she not only will return to her family she has saved Peeta’s life and may have changes life in Panam for ever.

Merriwell Bag Company Case Study Example | Topics and Well Written Essays - 500 words

Merriwell Bag Company - Case Study Example Furthermore, demand forecasting helps in constructing the pricing decisions as well as estimating the investment requirements for the future use (Lapide, 2006). From the demand forcast, it can be noted that the demand for the bags are maximum in the market in the pick season. It shows that Merriwell Bag Company’s bag demands depend largely upon its seasonality. However, it can also be observed that the demand for the bag declines steeply in the market during the off-season. Even though, from an overall perspective a growing trend can be witnessed in the demand forecasted. To certain extent the accuracy of forecasting can be improved through selecting separate forecasting groups with proper management control system. The primary objective of forecasting group is to make plans in order to collect appropriate information related to demand. The members of the forecasting group should be well trained in this regards. Members of the group should use both the qualitative and quantitative method in forecasting to gain more accurate information along with development of new measures for improving forecasting in future. After every session the group member should measure the processed method and re-analyze the data collected to minimize errors (Moon, Mentzer, Smith, & Garver, 1998). The forecasting method used by Ed Merriwell in the prior years was based upon his ‘feel’ which has been recently observed as ineffective in terms of accuracy. According to the quantitative method used, the sales of the organization are likely to increase during the entire year of 2008, especially in the season time. However, in establishing the new sales forecast, Ed Merriwell’s ‘feel’ is quite likely to have a negative impact on the operational process owing to the changes in the personnel associated with the customer purchasing departments along with the rapid increase in the short-shipped accounts. It is worth mentioning in this regard that quantitative method

Community interpreting level 3 course assignment Essay

Community interpreting level 3 course assignment - Essay Example The linguistic model interpreter must be fluent while the community interpreter is not always fluent. A linguistic model is basically used in conferences and multilingual meetings. One of the reasons for declining any given assignments includes existence of a conflict in the interpreter’s schedule. The interpreter might not be available or may be committed to other activities. This may result to a conflict thus the interpreter is forced to compromise. Another logical reason for declining an assignment is the topic failing to be in the interpreter’s region of expertise. The interpreter may also lack enough material of preparation thus leading to the decline of the assignment. Furthermore, there might be a conflict of interest by the interpreter especially is they are related to the client and finally the interpreter may fail to agree with the conditions and terms of the assignment (Naom, 2006). Issues like payment, the working conditions and working hours are very prevalent. Before accepting any interpreting session the translator should have the details of the client such as their dialect so as to know what to prepare for the assignment. The translator should have the deadline for the work so as to know the speed to utilize. They also need to have details of a pre-interview so as to prepare themselves adequately. When preparing for an interpreting assignment the interpreter should call the client so as to make sure they are aware of the interpreting appointment (Kalina, 2005). The assignment should be within the field of expertise of the translator and there should be no conflict of interest. When preparing for the research the translator should research so as to familiarize themselves with the assignment. A pre-interview should be carried out so as to allow the client to give factual cultural information that will help the research. The impartiality trait of a translator may be compromised when faced with issues like trauma and sexual violence. The

Thailand Baht Essay Example | Topics and Well Written Essays - 500 words

Thailand Baht - Essay Example The Thai government used a majority of their foreign reserves and bought the Thai Baht so as to give strength to its currency, people were selling Baht in mass numbers and this was further weakening the currency, this step of buying the Baht restored some much needed stability and financial order in the country. â€Å"It cost the Thai government $5 billion to defend the baht, which reduced its "officially reported" foreign exchange reserves to a two-year low of $33 billion. In addition, the Thai government raised key interest rates from 10 percent to 12.5 percent to make holding baht more attractive, but because this also raised corporate borrowing costs it exacerbated the debt crisis. What the world financial community did not know at this point, was that with the blessing of his superiors, a foreign exchange trader at the Thai central bank had locked up most of Thailands foreign exchange reserves in forward contracts.† (Competing in the Global Marketplace) After making several attempts to save the Baht the government of Thailand ran out of reserves and resources and finally accepted that the peg had become implausible to defend. They did make several efforts to save the Baht but they could not succeed. The Thai government had $1.14 billion in reserves and all of it was used and even then the currency could not be saved from a freefall. The government of Thailand made earnest several efforts to save the freefall of Thai Baht, the most important measure perhaps was buying the currency by using their foreign reserves, over a billion dollars were spent on purchasing the Thai Baht but even after spending all their foreign reserves the government fell short of idea and accepted their defeat. To conclude it is fair to say that the efforts were indubitably there but the Thai government got their strategy completely wrong and this is why the currency and the

The Hiring Process and Managing a Diverse Workforce Research Paper

The Hiring Process and Managing a Diverse Workforce - Research Paper Example Besides, managing a diverse workforce helps to create harmony among the employees and brings about the right organizational culture essential in bringing the employees on board the management plan. In my work environment, the human resource managers pay attention to issues of diversity right from the employee selection stage to employee appraisal. This explains why the company has experienced less internal conflict and no friction with the legal bodies responsible for regulating organizational behavior. Therefore, organizations that abide by government regulation in their employment practices are more likely to succeed than those that ignore such legal requirements. In our organization, the marketing officer is among those that possess in appointing the right person for the task. Evidently, a number of procedures of recruitment are available for such a position. The first option is internal recruitment, in which the company appoints someone from the organization. In this method, one may avoid discrimination by engaging a transparent mode employee promotion and providing equal opportunity for promotion (Slater, 2004). Alternatively, the human resource managers may advertise the position in the public domain, which will give opportunity to every citizen to apply. Citing the job requirements and subjecting each applicant to the same tests will ensure there are no incidences of discrimination. The last option would be using a recruitment agency to hire a marketing officer on the behalf of the company. This process reduces discrimination by ensuring the process is independent and that internal organization workers cannot introduce biasness into the process. Therefore, the organizational managers do not interfere with the recruitment process by selecting candidates that they have affiliation with such as relatives or even friends (Krieger, 2013). For effective recruitment, the human resource managers