Monday, January 20, 2020
An Analysis of Robert Frosts Mending Wall :: Mending Wall Essays
An Analysis of Robert Frost's Mending Wall Mending Wall, by Robert Frost portrays the routines of two neighbors who are constantly mending the fence, or wall, that separates their properties. If a stone is missing form the fence, you can bet that the two men are out there putting it back together piece by piece. Frost's description of every detail in this poem is quite interesting, very pleasant to read, and extremely imaginable. He leaves the reader to decide for himself what deductions he is to make from the reading. On one hand, Frost makes literal implications about what the two men are doing. For instance, they are physically putting the stones back, one by one. Their dedication, commitment, and constant drive shines through when reading how persistence these men seem about keeping the wall intact. Quite the contrary however, is the inferences that something even deeper is going on. There is a sharing experience taking place here. Indeed, by laboring so hard, each man is experiencing physical repercussions, but they are also using this time as a "meet and greet" period. We can gather from the beginning of the poem that the wall has many forces that keep's it in shambles. For instance, Frost writes; "...that sends the frozen ground swell under it and spills the upper boulders in the sun...", and "I have come after them(hunters) and made repair where they have left not one stone on a stone..." The man and his neighbor don't seem to have time for anything else, for it sounds as if they are constantly making repairs. Is there a reason for this? It is important to note that not only are these men completing a manly task, but they are also "building" some type of relationship. If this were not an issue, the neighbor would not repeat; "Good fences make good neighbors." As the man tells his story, we find that even though the two men may be conversing and interacting, there is some distance between them at all times. The man says; "...on a day we meet to walk the line and set the wall between us once again." It seems to show that even though there is a need for friendship in each of us, it is equally as necessary for us to have our own space.
Sunday, January 12, 2020
Nursing Research Class Notes Essay
Nursing research is the process that underpins all the other things we have talked about. How was it determined that one particular way of carrying out nursing care was better than another way? How was it decided that a particular framework of understanding will explain certain behaviors better than another? When we discussed frameworks of understanding or conceptual models earlier in the course you learnt that there are various ways of viewing mental illness were discussed and the treatments were based upon eradicating or fixing the cause. This can be described as ways of knowing and ways of intervening. These beliefs came about as the result of research. That is asking, and trying to answer such questions as ââ¬Å"Why does this occur?â⬠, ââ¬Å"Does this treatment work better than that treatment?â⬠, ââ¬Å"How do we know?â⬠, ââ¬Å"Do more people improve if we do this rather than that?â⬠. Research is a way of gaining knowledge about concerns that psychiatric nurses have. What is the best way to help this client with this particular distress?â⬠ââ¬Å"Is there any evidence that suggests that this way of caring is better than that?â⬠Nursing research is relatively new in some ways but in other ways gathering-nursing knowledge has been going on since the early days of nursing. Women learned through watching and observing what treatments worked best. This is one particular kind of knowledge. Potter and Perry discuss this in Chapter 5 ââ¬Å"Nurses Ways of Knowingâ⬠. Ethical, personal, esthetic knowledge was identified and scientific became one more way of knowing. In terms of nursing research we can re turn to Florence Nightingale who of course made the observation that there were more deaths closer to the open sewer than there were for men whose beds were further away. This is an excellent example of drawing a conclusion by making observations thereby developing new knowledge. Research itself is a way of developing knowledge but there are other ways of developing knowledge. They are differentially respected and acknowledged but each is a way of `knowingââ¬â¢. When you take your research course in fourth year you will learn more about the various kinds of research. For now I just want to highlight the major ways of gathering knowledge. This is Chapter 5 in Potter and Perry and there is also reference to research in Stuart and Laraia under Evidenced Based Practice p 76-83. The opening section of the chapter in Potter and Perry gives a little background on the emergence of nursing practice and theory. Nursing science came into its own: no longer a discipline applying the knowledge of other disciplines but a unique body of knowledge. A good activity for you to consider doing is to go onto the Library website and click on journal holdings, once there search psychiatric nursing. Journals that publish the results of nursing research and in particular psychiatric nursing are a very important part of your reading and learning how to read a research article is an important skill to develop. We will discuss this further momentarily, for now I want now to review ways of gaining knowledge. 1. Tradition certain beliefs are accepted sometimes without too much enquiry. Its ââ¬Å"weââ¬â¢ve always done it that wayâ⬠. This may be good but sometimes it is appropriate to question these traditions. 2. Expert Authority: Asking an expert or authority is a very common way of gathering information. All of us ask for information from time to time but we also have to be somewhat cautious about confusing information and knowledge. But certainly we do seek out knowledge and assistance from others. There are, of course, some limitations since not all authorities are always right and like tradition, we do not always challenge this knowledge. 3. Experience A lot of what we know we have learned ourselves. Children certainly do this all the time. Sometimes through unfortunate experience like putting their little hand on a hot stove: Learning is also part of knowledge acquisition. But we also solve problems from experience. Like, if I turn off the alarm and donââ¬â¢t get out of bed in the morning, I am late for work. So we learn not to do that. The ability to generalize and recognize patterns and make predictions is one of the hallmarks of the human mind and has been a large part of how our ancestors developed knowledge. It is always rains every time there are black clouds, then the next time you see black clouds, rain is predicted.. But there are limitations, first each personââ¬â¢s experience may be too limited to generalize all the time. Maybe black clouds predicting rain only occurs in your part of the world for some environmental reason. Secondly your personal experiences may be colored by biases. 4. Investigating Ideas: Where would we be if no one pursued their ideas for instance, testing molds for their antibiotic value That the earth is not flat but round 5. Reasoning or Problem Solving Thinking through problems and finding solutions. There are two intellectual methods used in reasoning. Inductive reasoning is the process of drawing conclusions and generalizations from specific observation. For example a nurse may observe anxious behavior in children who are removed from their parents and conclude that separation is a stressful event.. Deductive reasoning. This is the process of developing specific predictions from general principles. For example, if you assume that separation anxiety occurs in children removed from their parents then you may predict that children, in your hospital will show signs of anxiety. So we have gone from a general assumption to a specificââ¬â¢ situation. So, induction is to make or develop a theory from actual observation or grounded in observation. Deduction is to have a hypothesis or a theory and then test it. These terms will become important when you are considering qualitative and quantitative research. Both of these reasoning systems are important for you to think about. They are both useful. But errors can also occur or faulty reasoning. However it may lead to the development of questions 6. The scientific method, which is considered the most objective and accurate way of developing knowledge. However, it, too, can certainly be questioned as you may discover but it is also considered one of the primary ways of developing knowledge. Beginning on p. 85 of Potter and Perry they describe the characteristics of research with a number of definitions you need to study. The sooner you grasp these concepts the better off you will be in future courses. To understand the research process and for your future endeavors I like to begin with the components of a research article in a journal. I have briefly described these below: Title: A succinct description of key elements of the study Running head: Usually a two to three word description of the key elements of the study, which runs at the top of each page. Abstract: A succinct paragraph describing key features of the study, the population studied, the variables manipulated; the findings and discussion point. Usually of 150 words or so. Literature Review: A summary of key research findings from other studies, which lead into your study. If you are studying in a new emerging field this may be short; if in a well established area it may be lengthy or, it might focus on one key area for instance of child development (i.e. there are numerous areas of child development-your study may be focused on cognitive development so it is not required to review all areas of child development within the literature review). The review should provide the reader with an understanding of the area, without missing key studies and without losing the audience with obscurely related information. The literature review should cover research related to your key variables of interest and should draw the reader into your hypotheses. Hypothesis: what you think the relationship between variables is. Depending on the level of research one might have an exploratory hypothesis or you may have predictive hypotheses suggesting the results are going to be in the direction of (one way or the other). This might be a good time to review any of the terms used thus far in Potter and Perry and especially look at table 6-2 which describes levels of research. It is difficult to keep a complex topic simple. Method: The method contains subsections. It usually begins with a description of the sample (who did you interview, who comprised your sample (children, parents, university students etc). One would also find how the sample was selected (was it randomized, was it a captured audience, was it every blonde haired blue eyed left handed boy) Detail is expected. The method section will also describe the research design and procedures. Both are essential for someone else who might say I donââ¬â¢t believe these results. I want to try and replicate the study. Which has been done with interesting results in many areas. Research designs are very complex and influence the type of statistical analysis that can be done. I refer you back to table 6-2 for a beginning understanding of this. Test in struments and their reliability and validity are also expected in the methodology section. Identification of independent and dependent variables would also be described here. The independent variable is that variable you are manipulating i.e. temperature of the room; the dependent variable are the observations you are making i.e. number of complaints of room temperature in a given interval of time. Results: This section will go through sample characteristics, main findings described pictorially sometimes in graphs or may be tables. Results are described matter of factly with little interpretation. Limitations of the study: these become important to the conclusions one can draw. For example if I were studying teen pregnancy and the needs of young mothers and my group ended up being older teens would this be representative of younger teens. Conclusions: This is where results can be interpreted and tied back to the literature review. Were findings supportive to the hypothesis or not and if not what might explain the findings. Implications for nursing practice: it would be found in nursing research studies, not often in other research. The application of nurs ing research is an important area for future discussion. As psychiatric nurses we must however be able to critique research. Sometimes it is conducted under ideal conditions where there is control over a number of variables and there may be difficulty applying it in the real world. That is perhaps why observations of a patientââ¬â¢s behavior may be better to understand their experience in the real world. Research is the use of a series of steps to gather objective knowledge and nursing research of course is the study of phenomenon of interest to nurses, which is often the patientââ¬â¢s response to illness and nursing interventions. The second point there is control but we have to understand what scientific research is attempting to state. It is the relationships between 2 variables. That is, if I do one thing will it influence another? So just to take a simple nursing example, we might theorize or predict that a patient who lies on their back for long periods will develop pressure sores. So if the patient is turned frequently and does not develop pressure sores we might conclude that turning is related to unbroken skin. Say, however, at the same time as turning the patientââ¬â¢s skin is gently massaged; now we canââ¬â¢t tell if it is the turning or the massage that resulted in the unbroken and healthy skin. So this is what is meant by control of external factors. Sometimes you may hear this referred to as level of control over the variables of interest. If you are using the scientific method then you probably have a hypothesis you want to test and you would set up your experiment to either prove or disprove. This would be quantitative research. But if you are observing a phenomenon and want to study it in its natural state then you are more likely doing qualitative research. Qualitative research is particularly well suited to psychiatric nursing because it. involves gathering information about peopleââ¬â¢s experiences which we could use an instrument to assess which would give us a quantitative measure i.e., how traumatized were you 0-10. Asking a person to tell their story gives us significantly more information. Methods can be combined. The ethnographic qualitative research method tends to look at humans in their natural environment. This research always takes place in the field often over a long time. Collection and analysis of data takes place concurrently, as insights are gained new questions may emerge. Often the opinions of the people under study are sought which is very different from quantitative research where opinions and feelings are not considered valid. You will become m ore proficient at reading, understanding and critiquing research but there is no reason why you should not be locating and reading nursing research journals now. Research Principles and terms The practice of Psychiatric Nursing is guided by nursing knowledge. As a profession nursing has developed a unique body of knowledge, which guides the practice of nursing. There is a number of ways in which knowledge is developed and disseminated. They are listed in Potter & Perry. Question: State 6 ways of acquiring knowledge. Polit and Hungler (1997) use these terms to describe the scientific research method: â⬠¦Disciplined Research. Research conducted within a disciplined format is the most sophisticated method of acquiring knowledge that humans have developed. Nursing research combines aspects of logical reasoning with other features to create systems of problem solving that, although fallible, tend to be more reliable than tradition, authority, personal experience, intuition, or inductive or deductive reasoning alone. (P.11) The scientific method does have its drawbacks however, it is conducted under ideal conditions and sometimes there may be difficulties in applying it to the real world. There are however two main categories of research Quantitative and Qualitative. Quantitative research follows the scientific model and has a series of clearly defined steps. Quantitative research Process Identify an issue Gather information? State the hypothesis? Review the literature? Design the study? Gather the data? Evaluate the findings Qualitative Research Qualitative research differs from quantitative in that it is a less linear process. It more often involves gathering information about individuals by observing them in their natural environment or through interviews. This type of research takes place ââ¬Å"in the fieldâ⬠rather than the laboratory. The information is rich and varied and subject to the interpretation of the researcher. This is one of its limitations. Nurse researchers can be involved in either quantitative or qualitative research, but most importantly, nursing research should be able to be applied to psychiatric nursing practice. Here is a list of some research projects of psychiatric nurses: Examples of research studies conducted by nurses in Psychiatric Nursing and Mental Health topics: Client expectation and perception of the nurseââ¬â¢s role in re lationship to client satisfaction. A comparative study of widowsââ¬â¢ and widowersââ¬â¢ perceived social support during the first year of bereavement. The effects of cognitive-behavioral nursing intervention for depressed patients and their families. Factors affecting staff nursesââ¬â¢ use of limit setting with disruptive patients. Nursesââ¬â¢ attitudes toward the suicidal patient. Nursing interventions with long-term patients in regard to their physical appearance: An evaluation study. The nurseââ¬â¢s therapeutic use of touch as related to withdrawn patients. Observable signs of anxiety or distress during psychiatric interviews conducted by nurses. Patient and situational factors that affect nursing studentsââ¬â¢ like or dislike of caring for patients A study of alcoholic patientsââ¬â¢ perception of the role of the nurse. A study of the confidence level of nurses in caring for patients with depression. A study of psychiatric patientsââ¬â¢ knowledge about their prescribed medications. Question: What do you think would be a good research topic for psychiatric nurses? Some terms to Learn in Relation to Research
Saturday, January 4, 2020
Feminist Jurisprudence Is A Growing School Of Legal
Feminist Jurisprudence Feminist jurisprudence is a growing school of legal though in which embraces various theories in reference to laws and legal issues. Every aspect of feminist jurisprudence takes a close look at and analyses the law through the examination of issues such as gender, sexuality, power, individual rights, and the judicial system. Feminist jurisprudence has come a long way since its beginnings in the 1960s. This school of thought has made its mark since the 1990s and has evolved into a vital part of the law over the years. Feminist jurisprudence has paved a new way of thinking in issues such as sexual and Domestic Violence, inequality in the workplace, and gender-based discrimination in various levels of US society. Withâ⬠¦show more contentâ⬠¦A major breakthrough for the history of feminism is when the Nineteenth Amendment to the U.S. Constitution came into act in 1920. This Amendment allowed the women the right to vote in the United States. During the 1960s the modern feminist movement arose. Betty N. Friedan organized the first official meeting of an association called the National Organization for Women (NOW) in 1966. Two years later, NOW protested at the Miss America Pageant. During this time, Civil Rights and antiwar activist turned their attention towards gender discrimination and inequality. One major legal case in which feminism has influenced and continues to be a subject of interest is the decision in Roe vs Wade in 1973 that defined the choice of abortion as a fundamental constitutional right. Interestingly enough, to the majority of feminists, this case was not important due to the decision that abortion is a choice. Although, most feminists see it more as the mere principle that women have a right in general to make fundamental choices concerning their own well-being. Feminists have remained persistent in their support for the decision in Roe vs Wade. In fact, nineteen years later when the issue was reconsidered in Planned Parenthood of Southeastern Pennsylvania v. Casey, feminist rallied for their support for the right of choice. Feminist criticize mainstream jurisprudence in
Friday, December 27, 2019
Celebrating Womens History Month Ideas
The United States celebrates Womens History Month in March and the entire world commemorates International Womens Day on the 8th of the month. These celebrations provide perfect opportunities to honor the women in your life, learn about the remarkable female leaders throughout history, and share the importance of women in society with younger generations of boys and girls. Here are some ideas for how to celebrate.à Biographies Do you have a daughter, niece, granddaughter, or another girl in your life? Give her a biography of a woman who accomplished important goals in her life. If you can match the woman to the girls interests, all the better. (If you dont know her interests, celebrate the month by getting to know them.) Do the same for a son, nephew, grandson, or other boy or young man in your life. Boys need to read about women of accomplishment too! Dont do a hard sell, though. Most boys will read about womenââ¬âfictional or realââ¬âif you dont make it a big deal. The earlier you start, of course, the better. If he just wont take to a book about a woman, then pick a biography of a man who supported womens rights. The Library More on books: donate to your local public or school library enough money to buy a book, and direct them to pick one focused on womens history. Spread the Word Casually drop into conversation, a few times this month, something about a woman you admire. If you need some ideas or more information first, use our Womens History Guide to search for ideas. Print out copies of the Proclamation of Womens History Month and post it on a public bulletin board at your school, office, or even the grocery store. Write a Letter Buy some stamps commemorating notable women, and then send a couple of those letters youve been meaning to write to old friends. Or new ones. Get Involved Look for an organization that works in the present for an issue that you think is important. Dont just be a paper memberââ¬âcommemorate all the women whove helped make the world better by becoming one of them. Travel Plan a trip to a site honoring womens history. Do It Again Think ahead to next years Womens History Month. Plan to offer an article to your organizations newsletter, volunteer to initiate a project, or plan ahead to give a speech at your organizations March meeting.
Thursday, December 19, 2019
A Comparative Study Of Voltaire s And Moliere s Views On...
A Comparative Study of Voltaire s and Molià ¨reââ¬â¢s Views on Religion in Candide and Tartuffe Literary works often reveal their authors views on particular social issues. Tartuffe (1669), a play by Molià ¨re, and Candide (1759), a philosophical tale by Voltaire, both deal with the question of religion in society. Tartuffe is a satire on the attitudes of the bourgeoisie toward religion in seventeenth-century France. Molià ¨re firmly believes in religious moderation and condemns religious hypocrisy and fanaticism. Published almost a century later, Voltaire s Candide satirizes eighteenth-century European society by criticizing the hypocrisy of the clergy. As an Enlightenment thinker, Voltaire advocates the importance of free thinking and scientific reasoning. Although he believes in the existence of God, Voltaire is severely critical of revealed religion as well as of religious optimism and fanaticism. Tartuffe is a critique of religious hypocrisy as embodied in Tartuffe. Molià ¨reââ¬â¢s Tartuffe is an imposter, who has no morals and merely uses religion as a cover-up for his vices and crimes. He pretends to be extremely pious, but his actions go completely against the moral codes of his religion. Moliereââ¬â¢s Tartuffe, and Voltaireââ¬â¢s Candide are each exemplary literary works of the 18th century in their own rights. Tartuffe is a satirical comedy, and Candide a thought-provoking travelogue. While each adheres austerely to its genre, various similarities as well as contrasting differencesShow MoreRelatedA Comparative Study Of Voltaire s And Moliere s Views On Religion Essay1598 Words à |à 7 PagesA Comparative Study of Voltaire s and Molià ¨re s Views on Religion in Candide and Tartuffe Literary works regularly uncover their creators perspectives on specific social issues. Hypocrite (1669), a play by Molià ¨re, and Candide (1759), a philosophical story by Voltaire, both manage the subject of religion in the public eye. Fraud is a parody on the states of mind of the bourgeoisie toward religion in seventeenth-century France. Molià ¨re immovably puts stock in religious balance and denounces religious A Comparative Study Of Voltaire s And Moliere s Views On... A Comparative Study of Voltaire s and Molià ¨re s Views on Religion in Candide and Tartuffe Literary works regularly uncover their creators perspectives on specific social issues. Hypocrite (1669), a play by Molià ¨re, and Candide (1759), a philosophical story by Voltaire, both manage the subject of religion in the public eye. Fraud is a parody on the states of mind of the bourgeoisie toward religion in seventeenth-century France. Molià ¨re immovably puts stock in religious balance and denounces religious fraud and devotion. Distributed just about a century later, Voltaire s Candide mocks eighteenth-century European culture by condemning the false reverence of the church. As an Enlightenment scholar, Voltaire advocates the significance of free thinking and logical thinking. Despite the fact that he puts stock in the presence of God, Voltaire is extremely disparaging of uncovered religion and in addition of religious hopefulness and enthusiasm. Hypocrite is a study of religious af fectation as epitomized in Tartuffe. Molià ¨re s Tartuffe is a fraud, who has no ethics and simply utilizes religion as a conceal for his indecencies and wrongdoings. He professes to be to a great degree devout, yet his activities go totally against the ethical codes of his religion. Moliere s Tartuffe, and Voltaire s Candide are each commendable abstract works of the eighteenth century in their own particular rights. Hypocrite is a sarcastic satire, and Candide an intriguing travelog. While eachShow MoreRelatedA Comparative Study Of Voltaire s And Moliere s Views On Religion1522 Words à |à 7 PagesA Comparative Study of Voltaire s and Molià ¨reââ¬â¢s Views on Religion in Candide and Tartuffe Literary works often reveal their authors views on particular social issues. Tartuffe (1669), a play by Molià ¨re, and Candide (1759), a philosophical tale by Voltaire, both deal with the question of religion in society. Tartuffe is a satire on the attitudes of the bourgeoisie toward religion in seventeenth-century France. Molià ¨re firmly believes in religious moderation and condemns religious hypocrisy and
Wednesday, December 11, 2019
Security and Stability in Today World for Peace-myassignmenthelp
Question: Discuss about theSecurity and Stability in Today World for Peace. Answer: Introduction Indeed, the 21st century is relatively fee and safer particularly after the collapse of the Soviet Union. Specifically, there are numerous measures that have been taken by states and international organizations such as the UN to guarantee mutual existence and security of the world (Keynes, 2004). The measures have been very instrumental in ensuring the security and necessary stability of States (Rodrguez Aquino, 2016). Some of the measures taken to ensure global security and stability Charter of the Unites Nations (1945) Article 1 of the charter of the UN clearly stipulate that peaceful coexistence must be achieved only through diplomatic means that conforms to the principles of rule of law and justice. This article has ensured that there is mutual existence among States who are under strict obligations to respect the rule of law set by the international community (Kissinger, 2017). Similarly, arcicle 33 of the Charter of the UN stresses on the significance of preventing conflicts and settling disputes peacefully and in accordance with various measures and mechanisms that include arbitration and appeasement. The 1945 UN Charter on human rights has also helped in preventing and mitigating violence and conflicts by clearly stipulating relevant processes that can be used to settle grievances. NATOs Washington Treaty (1949) This treaty was formed to protect selected countries in Europe and North America from armed attacks. Precisely, the treaty has a mutual defence clause (article 5) that can be invoked in case a member state is under external aggression. The treaty has helped member states to coexist with perceived hostile neighbours such Russia (Kissinger, 2017). Warsaw Pact Treaty (1955) This treaty was a response by the Soviet Union to the formation of NATO which they considered hostile and a viable threat to their own security. The members states inherent desire to ensure and sustain their security resulted into this treaty (Kissinger, 2017). Universal Declaration on Human Rights (1970) The adoption and proclamation of the universal declaration of Humans Rights aimed at compelling States to ensure human dignity especially when dealing with dissenting opinions (Klabbers, 2004). UN Declaration on Friendly Relations among States (1970) The resolution aimed at defining relationships between States and ensuring peaceful coexistence among them. The treaty also gave clear guidelines on how States could amicably solve their varied differences (Klabbers, 2004). CSCE Helsinki Final Act (1975) This treaty aimed cementing security and cooperation Europe. The act also stressed on the peaceful resolution of conflicts and non-intervention in internal issues among other relevant aspects. CSCE Charter of Paris (1990) This charter brought together countries such as U.S. Canada and some Eastern bloc countries whose primary motivation was ideological harmonization and political security of their respective nations (Klabbers, 2004). CSCE Copenhagen Principles (1990) This document outlined various human rights principles and the fundamental freedoms that included the right to peaceful gathering and association among others (Klabbers, 2004). States that ratified this agreement were required to strictly adhere to its various stipulations. Budapest Memorandum on Ukraine This was an agreement signed to provide security assurances to Ukraine, Belarus and Kazakhstan and to shelve them from the increased Russian aggressions (Klabbers, 2004). UNSC Resolutions 1267, 1373, 1540, 1989 The UNSC Resolution 1267 imposed sanctions on individuals that were perceived to be supporting terrorist groups such as Al-Qaida in Afghanistan while Resolution 1373 was a counter terrorism measure that was passed after 9/11. Correspondingly, Resolution 1540 was based on non-proliferation of dangerous weapons that could lead to mass destruction while Resolution 1989 aimed at protecting the world from the increased threats posed by terrorist acts (Klabbers, 2004). References Keynes, J. M. (2004).The economic consequences of the peace. Courier Corporation. Kissinger, H. (2017).A world restored: Metternich, Castlereagh, and the problems of peace, 1812-22. Pickle Partners Publishing. Klabbers, J. (2004). Stephen C. Schlesinger, Act of Creation: The Founding of the United Nations.International Organizations Law Review,1(1), 214-216. Rodrguez Aquino, J. L. (2016). Henry Kissinger, World Order.Foro internacional,56(1), 212-217.
Tuesday, December 3, 2019
Legalitites of Legal Actions Situation an Example of the Topic Government and Law Essays by
Legalitites of Legal Actions Situation 1: Illinois State Trooper Glass What improper procedure was used by the officers that caused the defense lawyers to appeal this case to the U.S. Supreme Court? Need essay sample on "Legalitites of Legal Actions Situation" topic? We will write a custom essay sample specifically for you Proceed State Trooper Glass overlooked one important circumstance. According to Crimes Act of 1914, a constable must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from a suspect who is at least 10 but under 18, or is incapable of managing his affairs; and has not been arrested or charged. ("Crimes Act 1914 - Sect 3zj") We can clearly see that they didnt follow this procedure. Prior to the arrest of the defendant, Trooper Glass was able to get a photograph of the person who sold him the heroine, even though there are no arrests yet. The defense appeal to the Supreme Court is legitimate action because the acquisition of the photograph or the identification material is illegal. The evidence of the in-court identification is allowed, making State Trooper Glass a witness of this case. Also, it could be used against the defendant because Glass identified him as the one who sold the prohibited drug to him. Also, the defendants conviction for selling heroin will be affirmed because of the presence of a witness, wherein it could be used as evidence against him, if Glass could possible pin point him as the one who sold him the heroin. Situation 2: Police officer vs. Jimez Did the consent to search authorize opening the brown bag? When it involves letters and sealed package, a warrant less search and seizure of such items are illegal and unreasonable. Under the Constitution of the United States, the Fourth Amendment provides protection of letters and other sealed packages because they are in the general class of effects in which the public at large has a legitimate expectation of privacy; warrant less searches of such items are presumptively unreasonable; there is so even when the letters and sealed packages are sent by a private carrier. ("Richard Allen Duck V. State of Arkansas") Clearly, the police officer made a mistake and overlooked the circumstances at hand. Even though you are permitted to search the whole car, it still restricts you from opening sealed packages. This is clear violations of other peoples rights to privacy have been stepped over and ignored (Boone). The evidence could be permitted to be used against the defendant because it is another legal case, the possession of illegal drugs. It could be used against the defendant because it is inside the defendants property which is the car, and possession of prohibited drugs is another issue. Situation 3: Lorenzs Tax Problems Should the U.S. Supreme Court hold that the evidence of the tape recorder was properly used in the federal trial of Lorenz? The evidence held in the tape recorder was not properly used for the federal trial of Lorenz. According to the federal rule of evidence 901 in a part regarding the voluntary elicitation of the recorded conversation; as long as one participant in the conversation is aware that he is being recorded, the tape fulfills this requirement. This means that a defendants Fourth Amendment rights are not violated when the conversation is electronically monitored by a government agent with consent of the government informant in the investigation. (Cain) In Lorenzs case, he was recorded without due information and it was shown when he was already in court. Because of this, Lorenz was wrongfully tried, where the evidence of the recorded conversation was used against him. The Supreme Court should affirm Lorenzs conviction of bribery because it is strengthened by the presence of the recorded conversation between them and the tax agent. It was also strengthened when he lied under the oath to tell nothing but the truth, he lied about the bribery, and that is where the recorded conversation comes in ("K9 Sniffs of Vehicles"). Situation 4: Passive Alcohol Sensor Does use of this device, which could be called a sense-enhancing device because it enables an officer to sense something otherwise possible without the device, constitute a search under United States vs. Kyllo? Using the Passive Alcohol Sensor (PAS) in order to know whether the driver is driving while intoxicated is a search just like the situation of Kyllo, wherein his house was put under surveillance, and a thermal imaging device was used to prove that inside his house, he was growing marijuana ("Kyllo V. United States"). In these cases, the government used a machine or a device which is not common in our usual materials, in order to search for evidences. It is unconstitutional to search his house using thermal imaging device without a warrant, because his was a private home, so the intrusion would be subjected to as invasion of privacy. Using PAS is different compared to Kyllos case because you are involved with a possible abuser of alcoholic substances, wherein it alters the frame of mind of people. Using PAS is acceptable especially in order to find out whos intoxicated or not without asking or smelling them References: Boone, Kevin. "Police Search: Know Your Rights". 2006. Cain, Steve. "Sound Recordings as Evidence in Court Proceedings". 2006. http://expertpages.com/news/sound_recordings_evidence.htm>. "Crimes Act 1914 - Sect 3zj". 2001. . "K9 Sniffs of Vehicles". 2005. . "Kyllo V. United States". 2005. . "Richard Allen Duck V. State of Arkansas". 2001. .
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