Monday, May 25, 2020

New York v. Quarles Supreme Court Case, Arguments, Impact

In New York v. Quarles (1984), the Supreme Court created the public safety exception to the Miranda rule. Under Miranda v. Arizona, if an officer interrogates a suspect without notifying him of his Fifth Amendment rights, evidence gathered from that interrogation cannot be used in court. Under New York v. Quarles, however, an attorney may argue that evidence should be admissible because the officer acted in the interest of public safety when securing certain information from a suspect without issuing Miranda warnings. Fast Facts: New York v. Quarles Case Argued: January 18,1984Decision Issued: June 12, 1984Petitioner: The People of New YorkRespondent: Benjamin QuarlesKey Questions: Can evidence offered by a defendant prior to receiving his Miranda warnings be used in court if there is a public safety concern?Majority Decision: Justices Burger, White, Blackmun, Powell, and RehnquistDissenting: Justices OConnor, Marshall, Brennan, and StevensRuling: The Supreme Court ruled that, due to a public safety concern, Quarles statement regarding the location of his gun could be used against him in court even though he had not been read his Miranda rights at the time. Facts of the Case On September 11, 1980 officer Frank Kraft entered an AP supermarket while on patrol in Queens, New York. He identified a man, Benjamin Quarles, who matched the description of an assailant armed with a gun. Officer Kraft moved to detain Quarles, pursuing him through the aisles. During the chase, three officers arrived on the scene. Officer Kraft caught up to Quarles and handcuffed him. The officer noticed that Quarles had an empty gun holster on him. Officer Kraft asked where the gun was and Quarles directed the officer to a revolver stashed inside a carton. After securing the gun, Officer Kraft read Quarles his Miranda rights, formally placing him under arrest. Constitutional Issues Was Quarles’ statement about the location of the gun subject to the exclusionary rule under the Fifth Amendment? Can evidence offered by a defendant prior to receiving his Miranda warnings be used in court if there is a public safety concern? Arguments The petitioner argued that it was the officer’s obligation to find and secure the gun in the interest of public safety. The gun could have been within reach of Quarles, placing everyone in the supermarket at risk, the attorney argued. The exigent circumstances of a gun hidden in the supermarket overrode the immediate need for Miranda warnings, the attorney told the court. An attorney on behalf of Quarles argued that the officer should have notified Quarles of his Fifth Amendment rights as soon as he apprehended him. The attorney noted that the act of restraining Quarles and handcuffing him should have prompted the officer to read the Miranda warnings. Questions about the gun should have been asked after administering Miranda when Quarles was aware of his right to remain silent. The attorney called it a classic coercive situation. Majority Opinion Justice Rehnquist delivered the 5-4 opinion. The court found that Quarles statement, directing the officer to the gun, could be used as evidence. The decision in Miranda v. Arizona, according to the court, aimed to reduce police coercion of suspects in custody by advising them of their constitutional rights. When Officer Kraft apprehended Quarles, he reasonably believed that Quarles gun was loose in the supermarket. His question was prompted by a concern for public safety. The immediate need to find a potentially dangerous weapon outweighed the need to administer Miranda in that instant. Justice Rehnquist wrote: We think police officers can and will distinguish almost instinctively between questions necessary to secure their own safety or the safety of the public and questions designed solely to elicit testimonial evidence from a suspect. Dissenting Opinion Justice Thurgood Marshall was joined by Justice William J. Brennan and Justice John Paul Stevens. Justice Marshall argued that Quarles was surrounded by four officers, weapons drawn, when he was handcuffed. There was no immediate concern for public safety that overpowered the need to provide Miranda warnings. Justice Marshall argued that the Court would create chaos by allowing public safety to create an exception to the practices outlined in Miranda v. Arizona. According to the dissent, officers would use the exception to coerce defendants into making incriminating statements that would be admissible in court. Justice Marshall wrote: By finding on these facts justification for unconsented interrogation, the majority abandons the clear guidelines enunciated in Miranda v. Arizona, 384 U. S. 436 (1966), and condemns the American judiciary to a new era of post hoc inquiry into the propriety of custodial interrogations. Impact The Supreme Court affirmed the presence of a public safety exception to Miranda warnings established under the Fifth Amendment of the U.S. Constitution. The exception is still used in court to allow evidence that would otherwise be inadmissible under Miranda v. Arizona. However, courts do not agree on what constitutes a threat to public safety and whether that threat needs to be immediate or not. The exception has been used in situations where officers need to locate a deadly weapon or injured victim. Sources New York v. Quarles, 467 U.S. 649 (1984).Rydholm, Jane.  The Public Safety Exception to Miranda. Nolo, 1 Aug. 2014, www.nolo.com/legal-encyclopedia/the-public-safety-exception-miranda.html.

Friday, May 15, 2020

The Strengths and Weaknesses of the World Bank Free Essay Example, 1750 words

The discussion on the role of the World Bank towards the underdeveloped nations and more precisely pinpointing attention towards the Latin American region. The main focus would be on the discussion of Peru in relation to World Bank s different policies and measures. Peru s population has had a tough time of late and efforts have been made by the World Bank and the Inter-American Development Bank (IDB) to improve its condition when one speaks of its water and sanitation services. Estimates suggest that nearly 40 percent of the population of Peru lives below the poverty level which is nothing but a shame. Water is one major worry for the people of Peru. There is an abysmal situation within the related ranks of the Peruvian population. They do not have access to clean drinking water and a number of water-borne diseases are on the rise with the passage of time. Water sector reforms were introduced by the World Bank and the IDB in the early 1990s which basically aimed to put a stop to th e cholera epidemic which was rampant within Peru and had claimed around 3000 lives. We will write a custom essay sample on The Strengths and Weaknesses of the World Bank or any topic specifically for you Only $17.96 $11.86/page In September 1999, the Congress of the United States passed a fresh legislation which wanted to store a meager sum of the CNM s powers. The same however failed to materialize in the wake of the requirements that the World Bank had asked for and thus the loan was refused by the government. This was done so that there would not be any tussle between the World Bank and the Congress.

Wednesday, May 6, 2020

Managing Diversity Essay - 1812 Words

Managing Diversity Introduction Thirty years ago discrimination was a part of normal business activity. Work place diversity meant hire outside of your family not outside of your race. As a result, the federal government felt impelled to create employment laws. These new laws were implemented to eliminate discrimination and provide the means for advancement. As a consequence of this implementation, these laws have created possible barriers to maximizing the potential of every employee (Chan, 2000). Recently, the concept of diversity has completely changed from before. It was predicted that by the year 2005, women, minorities, and the disabled would dominate the workforce (Managing Diversity, 1999). Organizations that†¦show more content†¦Equal Employment Opportunity/Affirmative Action programs direct attention to laws that guide recruitment and promotion. 2. Valuing differences centers on interpersonal qualities that shape management’s relationships with their employees. 3. Managing diversity focuses on the diverse quality of employees work-life needs such as childcare, family leave, and flexible holiday schedules. It requires setting policies and procedures that empowers managers to meet employees needs (Galagan, 1999; Jenner, 1994; Wilkinson, 1999). Organizations intending to survive will need to implement all of the components listed above. Managing diversity will eventually make Affirmative Action and valuing differences unnecessary (Thomas Jr., 2000). - Why manage diversity? Diversity needs to be managed as a result of the demographic changes in the workforce. Surveys have revealed that demographic changes will reshape the workforce and the marketplace. They include: ï‚ · An increase in the number of minorities and immigrants in the labor pool ï‚ · An increase in the number of women in the workforce ï‚ · A shift in values with more workers putting loyalty to career above of loyalty to the company and seeking more balance between work and home life ï‚ · Illiteracy is on the rise, and simultaneously many jobs require a more skilled work force ï‚ · An aging population overall If a business is to succeed, these individual andShow MoreRelatedEssay about Managing Diversity in the Workplace1449 Words   |  6 Pagesorganizations need diversity to become more creative and open to change. Maximizing and capitalizing on workplace diversity has become an important issue for management today (UCSF). Workplace diversity refers to having a variety of different types of people working together within a place of business. Employee gender, race, religion, sexual preference, physical appearance, family or marital status, education, culture, personality, or tenure establishes diversity in the workplace. Diversity is rapidlyRead MoreManaging Diversity in the Workplace Essay3304 Words   |  14 PagesDiversity in the Workplace Abstract Imagine that you are a highly qualified former Hispanic executive who was recently laid off from a fortune 500 hundred company. Within that company you held several key roles in which you were crucial to the success of the organization. In the prior roles you may have never really understood the need or the process of managing diversity. You hold several advanced degrees in key business fields despite all of your experience education and the economy flourishingRead MoreManaging Diversity in the Workplace Essay2191 Words   |  9 PagesDiversity in the workplace is a subject that has gained increased attention over recent years. 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But what does managing diversity actually mean, how does it translate into practice, and what does it matter? The following paper brie y debates the rhetoric of managing diversity and considers whether managing diversity is a distinct approachRead MoreManaging Diversity in the Workplace1043 Words   |  5 PagesManaging diverse employees in a multicultural environment proves challenging to managers; yet, increasing diversity in the workplace is very beneficial for an organization. Diverse employees will provide a wider array of talents and will relate better to varied customers. Because managers have more influence than rank-and-file employees, it is imperative that managers commit to diversity of the workforce. Dissimilarities among people due to differences in characteristics can erode companies. Firstly

Tuesday, May 5, 2020

Unity and Islam free essay sample

By Professor Maqsood Jafri Unity is strength. When the sand grains unite they become a vast desert. When the sea drops unite they become a boundless ocean. The conglomeration of stars in the firmament of sky soothes our eyes. The seven colors emerge in the shape of a bewitching rainbow. The unity of people makes an invincible strong nation. This is the reason Islam lays great stress on the importance of unity. The Islamic concept of Towhid is the other name of the unity of humankind. The corner stone in Islam is the unity of God. Allah’s unity teaches us the message that we should not divide humans into sections and sects.Almighty Allah in the Quran says that the division of people in the races and clans is only for their introduction. The best one out of them is the man of piety. Dr. Mohammad Ali Al-khuli is his book titled â€Å"The Light of Islam† writes. We will write a custom essay sample on Unity and Islam or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page â€Å"Islam is the greatest unifying force in the world. It is a religion to all humans regardless of color, race and language. It is a religion that tolerates other religions and orders its followers to respect and protect all humans. † According to a Hadith of the Holy Prophet all persons belong to Adam and Adam was from soil. The racial discrimination has been strictly prohibited in Islam.In the last sermon from the Mount of Arafat the Holy Prophet had clearly announced that no Arab has any superiority over a non-Arab; or the white over the black. This is the reason that in Muslim countries we do not find racial discriminations. Islam gives clear injunctions for the respect, safety, security and prosperity of the non-Muslims as well. Unity teaches peace, equality and paternity. The absence of unity brings and breeds disruption, devastation and disputes. Islam ordains protection of non-Muslims simply to show the respect for the Canons of divinity and humanity. God is not only of the Muslims.God is the God of all human beings. The unity of all humans is the ultimate aim of the teachings of Islam. The doctrinal and ideological differences should not lead to war or bloodshed. Man is a thinking creature. Aristotle, the Greek philosopher introduced Rationalism in Philosophy. The Quran time and again asserts on the need of cogitation. â€Å"Ijtihad† is an analogical and analytical approach towards the matters of jurisprudence. Ashab-e-Suffa were the people of wisdom. They gave more time to cogitate on social and academic matters along with their saintly and spiritual practices.They were praised by the Holy Prophet for their involvement in intellectual pursuit. Once the Holy Prophet said: â€Å"The juristic scholar who receives two rewards for every correct decision and even one for every incorrect one, for he is endeavoring with all his effort to reach the correct decision. † The difference of opinion must be positive. It should not lead to prides and prejudices of priests. It should be decent difference on the bases of logic like the differences of Philosophers. Aristotle was the pupil of Plato. He differed from his teacher on many points but he never issued the edict of his assassination.

Sunday, April 12, 2020

BOOK REVIEW Essays (191 words) - Jay Leno, The Tonight Show

BOOK REVIEW The book I read was Leading With My Chin. The author is Bill Zehme. I enjoyed reading this book because of its excellent detail. I would definitely recommend this book to someone that is a Jay Leno fan or like to laugh a lot. This book talked about Jays past and all of the things he has accomplished in his long and fun filled life. It explained all the things that he did right and all the things that he did wrong. It talked about things that he would never say on television like his real name. I learned some things about him that I never knew. It also talked about his family and how he met his wife Mavi. He also talked about kids. And he said that he doesn't have any because he can't give them any attention. My cousin also has read half of the book and thoroughly enjoyed what he has read so far, and he is very anxious to finish the book. If I had to rate this book out of ten I would give it a nine because of its excellent details and humor.

Tuesday, March 10, 2020

Dna1 essays

Dna1 essays Fetal surgery itself is a relatively new procedure with only a few hundred attempts world wide. Because of the risk of inducing preterm labor and delivering so early in the pregnancy, fetal surgery traditionally was reserved for life- threatening circumstances. While spina bifida is not necessarily life- threatening, it is the most common debilitating birth defect, diagnosed in about one of every 1,000 here in the US. Babies born with spina bifida typically experience one or more lifelong and an sometimes devastating physical disabilities like weakness or paralysis in their lower limbs, loss of feeling, urinary and bowel dysfunction, and hydrocephalus (water on the brain). In addition some children also have skeletal deformation, sexual dysfunction, and mental impairment. Each child is an individual with differing degrees of disability. If we have the chance to lessen the extent of injury, why wouldnt we do that, asks Dr. Joseph Bruner, Director of Fetal Diagnosis and Therapy at Vanderbilt. (fetal-surgery.com/; 10/29/00; Copyright 1998-2000 fetal-surgery.com). Fetal surgery for spina bifida is intended to decrease the handicaps associated with spina bifida by protecting the fetuses previously exposed spinal tissue from additional damage by the amniotic fluid and intrauterine movement. Doctors say this procedure can not restore neurological function which has already been lost, but it may prevent additional loss from occurring due to the intrauterine environment. (fetal-surgery.com/; 10/29/00; Copyright 1998-2000 fetal-surgery.com). As an added and unexpected benefit, it was discovered that the procedure apparently affects the way the brain develops in utero, allowing certain malformations of the brain, typically associated with spina bifida to correct themselves. Its extraordinary that the malformation goes away, ...

Sunday, February 23, 2020

Exegetical paper Essay Example | Topics and Well Written Essays - 2500 words

Exegetical paper - Essay Example As Jesus proceeded with his teaching to Nicodemus, reveals to him that man would no longer be justified by the law alone, but by believing in him as the light of the world (Witt 65). This passage has had issues of misinterpretation especially on the issue of being born of water and the spirit. Jesus also emphasized that being redeemed was pegged on believing in him. A number of Christian faithful have misunderstood the salvation that Jesus Christ brought (Witt 72; and Engelsma 1). Many have misinterpreted the concept of believing that Jesus talked about. Some have not believed in Jesus, for instance Judaism. For such category of people, this passage has been applied within a narrow prism due poor understanding. This passage is of great importance as it emphasizes the central role of Jesus in the new covenant. The understanding of verse 16 that â€Å"whoever believes in him shall not perish but have eternal life† speaks volumes. Confusion and misunderstanding arises when believ e has to be defined. Assess verse 16 in opposite implication also indicates that whoever does not believe in him will perish. What then is it to believe? The purpose of this study is to alert everyone, irrespective of their faith, that failing to believe in Jesus is an eternal spiritual suicide on humanity (Witt 72). By reading this paper, I hope that the reader will understand the importance of salvation by faith. In the above passage, Jesus tells Nicodemus that inheriting the kingdom of God requires one to be born again. Nicodemus has no understanding of what Jesus was speaking about at this time. Therefore, he put it to Jesus that it is impossible for one to be born again physically as he cannot enter into his mother’s womb again. In response, Jesus adds that inheriting the kingdom of God is tied together with being filled with the spirit. He proceeds to tell Nicodemus that there are heavenly things that would surprise him more if he tells him about them. Jesus