Miranda vs Arizona free essay sample

The Fifth Amendment allows a person the right against self-incrimination. As well as, The Sixth Amendment gives a person the right to counsel if they are facing criminal prosecution. During the interrogation, Mr. Miranda confessed to the rape and kidnapping of the 17-year-old woman. He then proceeded to sign a written confession. It was only at the time that he signed his written confession that he signed a paper that listed his rights and the fact that he understood them. At Miranda’s trial, the arresting officers took the stand and admitted that they did not inform him of his rights. It was also a law in Arizona at that time, that it was standard procedure to make a suspect aware of their constitutional rights. Miranda’s counsel in turn appealed his conviction at the Superior court level and failed. So they appealed the conviction at The U. S. Supreme Court of Appeals. We will write a custom essay sample on Miranda vs Arizona or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In Miranda’s appeal, Miranda’s counsel was not mitigating the fact that Miranda had admitted that he kidnapped and raped the young woman, but his confession should not be used against him in the criminal trial, because he was not aware of his right against self-incrimination, or his right to have counsel. This case was heard before Chief Justice Earl Warren, in which four attorneys’ presented arguments. The first attorney to present his argument was Miranda’s attorney. His argument was that a man with only an eighth grade education, should not be expected to know his constitutional rights. As well as because they did not inform him of this constitutional rights, they robbed him of his due process. The second attorney to provide his argument indicated that Miranda not only willingly gave and signed his confession but moreover, was given a written document that stated his rights and was questioned if he understood them. The third attorney to deliver his argument was from New York. He agreed that Miranda should have been informed of his right to counsel to ensure his due process. Due to the negligence on part of the arresting officers, the case should be reviewed. The final attorney to present his argument indicated that it should not be the job of the law enforcement to let a suspect know that he has the right to counsel. If he requests for counsel he should not be deprived of it, but it should not be upon the officers to offer it to him. He also stated that an attorney should not even be allowed to be involved in a case until the conclusion of the interrogation stage. His thought process behind this was that an attorney of a suspect, should be able to defend his client, and to get his client out of the charges if they were wrongfully charged. Also by permitting the attorney to be present there would be more guilty people not being convicted based on technicalities. Upon voting, five men who voted in favor of what are now referred to as Miranda Warnings were: Warren, Black, Douglas, Brennan, and Fortas. The four men opposed to Miranda Warnings were Clark, Harlan, Stewart, and White. The five men in favor of this ruling believed that in order to ensure the Bill of Rights, a suspect must entirely comprehend the rights given to him. The Bill of Rights are defined as â€Å"a section or addendum in a constitution, defining the situations in which a politically organized society will permit free, spontaneous, and individual activity, and guaranteeing the governmental powers will not be used in certain ways†. (Black’s Law Dictionary, 1999, pg. 160). Also According to Black’s Law Dictionary (1999), in the U. S. Constitution, the Bill of Rights are the first Ten Amendments. As an outcome of the Miranda v. Arizona case ruling, The Miranda Rights, came about. The Miranda Rights state that any suspect in custody of law enforcement, must be informed of their constitutional rights. More specifically, the rights included in the Fifth and Sixth Amendments of the Constitution. As well as a result of this ruling, law enforcement officers must read the suspect their Miranda Rights prior to interrogation. If this is not completed, any facts given by a suspect during interrogation cannot be used in court against that person. The full Miranda Rights read as â€Å"You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions, and to have him with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now w/o a lawyer present, you will have the right to stop answering at any time. You also have the right to stop answering at any time and may talk with a lawyer before deciding to speak again. Do you wish to talk or not? Do you want a lawyer? † The Miranda rights were incorporated into due process after the ruling in the Miranda v. Arizona case in 1966. In the history of law, there have been many landmark cases that have changed our due process. The Miranda case is unquestionably one of the most significant when it comes to the rights of Americans during court proceedings. The understanding of law will change as time moves on, and can be interpreted differently from person to person. There will always be more landmark cases to come which will forever change our laws in this nation. References 1. Editor in chief Garner, B. A. , Black’s Law Dictionary, (1999), retrieved 4/17/2013 2. Schmallager, F. (2011). Criminal justice today: An introductory text for the 21st century (11th ed. ) Upper Saddle River, NJ. Pearson/Prentice Hall Retrieved 4/17/2013 3. Landmark Cases of the U. S. Supreme Court. (n. d. ). Retrieved from http://www. streetlaw. org/en/landmark/cases/miranda_v_arizona

3 Problems with In-Line Lists

3 Problems with In-Line Lists 3 Problems with In-Line Lists 3 Problems with In-Line Lists By Mark Nichol An in-line list, one located within a sentence rather than formatted vertically below an explanatory phrase, sentence, or paragraph, may present an obstacle to comprehension in the following ways. Each sentence represents a different type of error, and the discussion that follows each statement explains the problem and a revision resolves it. 1. Organizations must notify affected individuals of a data breach when a reasonable person would conclude that the unauthorized access to, disclosure or loss of the information would be likely to result in serious harm to the individual or individuals.   In this sentence, there should be three distinct phrases consisting of a noun followed by a preposition, but disclosure is bereft of the latter; either allow it to share one, or give it its own: â€Å"Organizations must notify affected individuals of a data breach when a reasonable person would conclude that the unauthorized access to or disclosure or loss of the information would be likely to result in serious harm to the individual or individuals†Ã‚  or â€Å"Organizations must notify affected individuals of a data breach when a reasonable person would conclude that the unauthorized access to, disclosure of, or loss of the information would be likely to result in serious harm to the individual or individuals.†Ã‚   2. Typically, the best companies: are customer-focused; understand their value proposition; develop powerful and distinctive messaging; and listen well and act to improve their processes, products, and customer experience continuously. No colon or other punctuation mark is necessarily to signal that an in-line list follows the subject of the sentence; it is redundant to the verb(s) it precedes: â€Å"Typically, the best companies are customer-focused; understand their value proposition; develop powerful and distinctive messaging; and listen well and act to improve their processes, products, and customer experience continuously.† This is true as well for vertical lists, unless the introductory wording constitutes an independent clause- compare â€Å"Typically, the best companies [vertical list follows]† and â€Å"Typically, the best companies demonstrate the following qualities: [vertical list follows].† Note, too, that with the latter format, the list items would have to be revised to be complete sentences or to not begin with a verb. 3. Its long list of supporters includes Kobe Bryant, swimmer Janet Evans, Venus and Serena Williams and other sports royalty. When the style a publication adheres to calls for omitting the serial comma in simple lists (â€Å"a, b and c†), the serial comma must still be employed on occasion to clarify organization when a compound list item occurs: â€Å"Its long list of supporters includes Kobe Bryant, swimmer Janet Evans, Venus and Serena Williams, and other sports royalty.† (This rule applies for list forms â€Å"a and b, c, and d,† â€Å"a, b and c, and d,† or â€Å"a, b, and c and d,† as well as â€Å"a and b, c and d, and e† and so on.) Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Writing a Reference Letter (With Examples)16 Misquoted QuotationsKn- Words in English

Sex and Violence in Popular Culture Research Paper - 1

Sex and Violence in Popular Culture - Research Paper Example Sex is usually equaled to gender as they are interchangeably used in everyday conversations. In reality, sex and gender are different. The former relates to physiological characteristic as the latter is a social concept. Sex is also an act that shows physical contact for procreation. Gender depends upon sets of social norms affected by culture and tradition that set apart males from females (Wilson 1-2). The other term to define is violence. Violence responds to conflict as harm is afflicted physically, emotionally or mentally on other people as a result of human action. Violence includes social injustices such as racism and poverty (Daoust 290). Both of them are linked to popular culture. Popular culture deals with the everyday living of people as the theme reflects the lives of the common people (Browne 5). The study deals with the negative effects of the prevailing images shown by the popular culture to the increasing cases of sex and violence as the two societal problems occur in the recent years in response to what the majority people believe. As people throughout their lives seek for learning about the world and its meanings, interactions happen as the humans in the society share experiences. People have roles to play in their lives as the society dictates as standards and acceptable behavior. The roles do not have strict and rigid boundaries as people can have various roles that show flexibility. People can take charge of their lives and choose particular roles to play. Play is important in socialization and building of the personalities of people as personalities affect the roles that people play. In terms of personality traits, the gender is also affected. Nowadays the availability of television programs and video games are widely used by people for information and relaxation. Such popular media affect the roles of women as the

Why companies pay dividend Essay Example | Topics and Well Written Essays - 1500 words

Why companies pay dividend - Essay Example The different tax treatment between dividends and capital gains however generally work against the former. A number of companies pay dividends and in some, it is a given in the way their organizations are run. This paper will explore why anyone cares about it at all. Specifically, this paper will address the questions why companies pay dividends; why investors pay attention to it; do dividends affect an organization’s value and how do managers use dividends in the organizational financial management; among others. The idea is to identify whether dividends have any bearing or effect on an organization particularly in terms of equity and firm value. The review on the current dividend literature provided in the following section is particularly focused on the areas related to the positive and negative characteristics of dividends to business organizations. Such outline of studies was aimed at determining how other scholars answered the question posed by this paper. The review summarizes the current studies and research on dividends policy, particularly. An important dimension to the review, however, which would have a pivotal effect on this paper as a whole was the passage of the Jobs and Growth Tax Relief Reconciliation Act. The corpus of literature available in regard to corporate payout policy and dividends is extensive. However, this review would focus on two major areas: why do dividends matter for corporations and does it matter how business organizations distribute cash to its shareholders. Miller and Modigliani are considered to be the authorities in regard to framing dividend questions in their finance research. They, particularly focused on how dividend policy is considered a choice between financing with internal equity or financing with external equity. In their study, Miller and Modigliani offered proof that dividends do not matter in a world that is characterized by

Consumer behavior Essay Example | Topics and Well Written Essays - 500 words

Consumer behavior - Essay Example He feels that reverse engineering of the human brain will take place by 2020 and then the inception of singularity will be in 2045. Technology will give enough power to machines to be able to evolve them and continue evolving. This means by then they will be able to completely imitate the human brain. The need for information is never ending. Information is endless and timeless. Singularity will ensure that human mind will be surpassed by the development of better software consciousness. The transformation, he feels will be more beneficial than of harm to the world at large. I feel that the technology evolution as spoken by Ray Kurzweil would be evolutionary for the organizations and business world at large. It will succeed in automating the business process, in analyzing and taking futuristic decisions on its own.The foremost advantage of singularity for organizations would be that it will save time and will bring down the costs of large corporations. Large firms cannot risk wasting their time in procedural maneuvers and unwanted delays. It will ensure quick processing of information and reduces the burden of paperwork. It is difficult to manage large firms without proper records, and so it will maintain work effectively with minimum chances of error. Such a system would strive for perfection; it keeps track of its order.

Competitive Advantage Of Airline Industry In Singapore Tourism Essay

Competitive Advantage Of Airline Industry In Singapore Tourism Essay Singapore economy is one of most prosperous in the world. Singapore airline industry accounted for 5% of GDP and the industry value-added rate is 15%. As an important role in Singapore economy, Singapore airline industry has growing fast. In this paper will use the Porters Diamond Model (Factor endowments; Demand conditions; Related and supporting industries; Firm strategy, structure and rivalry; Chance Government) to analysis the competitive advantage of Singapore airline industry and explain how the Singapore airline industry developed its competitive advantages. Introduction Singapore economy environment Singapore economy is one of most prosperous in the world. Singapore economy is a capitalist mixed economy, with minimal government intervention in the market. It has an open business environment, relatively corruption-free and transparent, stable prices and one of the highest per capita gross domestic products (GDP) in the world. Airlines industry in Singapore Air travel is a large and growing industry. It facilitates economic growth, world trade, international investment and tourism and is therefore central to the globalization taking place in many other industries. In Singapore economic environment, the Singapore airlines industry had total revenue of $5.8 billion in 2009, representing a compound annual growth rate (CAGR) of 1.7% for the period spanning 2005-2009. Industry volumes increased with a CAGR of 4.1% between 2005 and 2009, to reach a total of 18.1 million passengers in 2009. The performance of the industry is forecast to accelerate, with an anticipated CAGR of 11% for the five year period 2009-2014, which is expected to drive the industry to a value of $9.8 billion by the end of 2014 (Airlines Industry Profile: Singapore, 2010). Porters Diamond Model of Competitive Advantage The diamond model is an economical model developed by Michael Porter in his book The Competitive Advantage of Nations (Porter, 1990), where he published his theory of why particular industries become competitive in particular locations. Porters diamond model suggests that there are inherent reasons why some nations, and industries within nations, are more competitive than others on a global scale. The argument is that the national home base of an organization provides organizations with specific factors, which will potentially create competitive advantages on a global scale. The analysis is classified into six broad factors incorporated into the Porter diamond, which has become a key tool for the analysis of competitiveness: Factor endowments a nations position in factors of production such as skilled labor or the infrastructure necessary to compete in given industry. Demand conditions the nature of home demand for the industrys product or service. Related and supporting industries the presence or absence of supplier industries and related industries that are internationally competitive. Firm strategy, structure and rivalry the conditions governing how companies are created, organized, and managed and the nature of domestic rivalry. Chance events are occurrences that are outside of control of a firm. They are important because they create discontinuities in which some gain competitive positions and some lose. Government can influence each of the above four determinants of competitiveness. Clearly government can influence the supply conditions of key production factors, demand conditions in the home market, and competition between firms. Government interventions can occur at local, regional, national or supranational level. Figure 1: Porters Diamond Model www.google.com_000.jpg Source: The Competitive Advantage of Nations By using Porters diamond, business leaders may analyze the competitive factors which may reside in their home country company, and what factors may be used to achieve global competitive advantage. Business leaders can also use the Porters diamond model during a phase of internationalization, the leaders can use the model to analyze whether the factors in the domestic market to support the internationalization process, and whether in the country eligible to create a global scale competitive advantage. Analysis of Airline Industry in Singapore Factor endowments The factor endowments of airlines industry include human resources, capital, equipment and facilities, air space resources, etc. In human resources, due to the characteristics of technology-intensive in airlines industry, the organization requires a lot of professional and technical personnel. Meanwhile, the aviation industry also needs administrative, financial investment and sales staffs. The multi-cultural Singaporean workforce is highly educated, highly motivated and highly productive. It is also proficient in English the language of international business. Singapore has a large base of engineering talent, with the number of engineers in universities and polytechnics expanding steadily each year, in addition to the sizeable pool of skilled technicians. In addition, Singapore government through the open immigration policy enhances Singapores talent pool. This gives companies the opportunity to source for the best personnel from anywhere in the world (http://www.edb.gov.sg/edb/sg/en_uk/index/why_singapore/knowledge.html). For these reasons, the Singapore airlines industries have good manpower. In capital, airlines industry needs a large finance support, the aircrafts and airport cost millions of money. In Singapore, the worlds major banks have opened branches or offices. Therefore, the Singapore airline industries do not have problem in capital. For example, Commerzbank Singapore branch has 30 years experience in financing aircraft to arrange and manage the entire deal, and a complete suite of financing products (https://www.commerzbank.com.sg/en/financing/aircraft/aircraft_financing.htm). Although the Singapores skies are limited, however the airline industry not far from reaching saturation point. According to Lee Kuan Yew (former Prime Minister of Singapore), due to the aid of advanced navigation technology, Singapore can shorten the distance of the aircraft flight and to increase flights density, therefore Singapore in terms of the open skies, still have a lot of space. Demand conditions Airlines generally have a large number of buyers. Many of these are individual consumers purchasing flights directly from the airline, although there are business to business sales to charter companies, discounters, and similar buyers. With the increasing living standard, the customers are demand on convenient, comfortable and fast transportation. Travel by air is one of the best choices for Singapore customers. Firstly, Singapore has a strong international trade link, there are thousands of businessmen which from different countries doing business in Singapore. The businessmen through the air travel to make sure they can reach the right place on time. Secondly, Singapore is one of the most popular tourist cities in Asia. There are 10.8 million tourists visit Singapore in 2008. Furthermore, due to the population growth, Singapore has a great potential demand for air travel. Table 1: Singapore Population Statistics Year 2007 Total Population (000) 4588.6 Singapore Residents (000) 3583.1 Birth Rate (Per 1000 Population) 10.3 Death Rate (Per 1000 Population) 4.5 Infant Mortality Rate (Per 1000 Live Births) 2.1 (Source : www.singstat.gov.sg) (Source: Airlines Industry Profile: Singapore, 2010) According to the tables, it obviously shows that the passengers of Singapore airlines industry have increasing by year. Related and supporting industries The related and supporting industries including airports, air traffic control, navigation information, aviation fuel, air material and other support services, and aircraft manufacturing and maintenance of related industries. From the supply-side perspective, the airport provide the basic conditions for airlines industry, it contains safety and quality service. Changi Airport is the main airport in Singapore which humble beginnings in 1981. Changi Airport also is a major aviation hub in Southeast Asia. Currently managed by Changi Airport Group, Changi Airport was corporatized on 1 July 2009 to bring Changi to the next level and deliver an even better Changi Experience. (http://www.changiairport.com/our-business/about-changi-airport) Serving more than 90 international airlines flying to some 200 cities in 60 countries, Changi Airport handles about 5,000 arrivals and departures every week and over 37 million passengers a year. With over 40,000 square meters of commercial space, Changi Airport is also one of Singapores largest shopping locations. As the air traffic controller, Civil Aviation Authority of Singapore (CAAS) promotes a strong safety culture and embeds a robust safety framework, with a modern and progressive regulatory regime based on international best practices. Aircraft manufacturing and maintenance are the most important supporting industries for airlines industry. For Singapore airline industries, Boeing Company and Airbus is the main supplier for aircraft. Fortunately, Singapore also has its local brand. SIA Engineering Company is leading aircraft maintenance, repair and overhaul (MRO) company providing total maintenance solutions to an expanding client base of international airlines (http://www.siaec.com.sg/). Firm strategy, structure, and rivalry Local conditions affect firm strategy. For example, German companies tend to be hierarchical. Italian companies tend to be smaller and are run more like extended families. Such strategy and structure helps to determine in which types of industries a nations firms will excel. Singapore is a hierarchical paternalistic authoritarian illiberal state. Cause of Confucianism is strong; Singapore society is based on a hierarchical order of things. Rivalry in the Singapore airline industry is strong. Local rivalry forces firms to move beyond basic advantages that the home country may enjoy, such as low factor costs. The competitive landscape has several large companies, such as Singapore Airlines, alongside smaller competitors. Rivalry is increased by the presence of low-cost carriers in the market, as these companies can compete more intensely on price. Switching costs for buyers are low, which means that it is easy for them to change to a competitor. Cause of the globalization, there are many international competitors join in the Singapore market, such as China, Japan and India, etc. Chance The demand for air travel to the Asia Pacific is rising which is driven by increased economic activity in emerging Asian countries such as China and India. Traffic is projected to grow at 7% in China and India combined, above the world average of 5% in the fiscal year ended December 2007. Further, the share of Asia Pacific region in world passenger traffic is forecast to rise from 25% in 2003 to 31% in 2023. According to the update of the United Nations World Tourism Organization, the global tourism will rebound strongly in 2010. With the anticipated growth, business and consumer confidence has picked up. This growth in world tourism industry will enhance airline business. Singapore airlines industry can capitalize on this increase in world travel and tourism to enhance its business and generate additional revenues. Government Government is the important variable of affecting the competitiveness of the airline industry. In the past, the airline industry was at least partly government owned. The airline industry has been strongly controlled by agreements and policies. Airlines couldnt just fly to any destination or country without appropriate authorization. The deregulation of the Airline industry opens doors for more entrants to the market and increased competition. Singapore Airlines is still owned by the Singapore government and is still affected by such controls. Therefore, the government has great impact on the airline industry. In Singapore, the government is supporting the airline industry. The Singapore government has signed an agreement with the United States called Open Skies that gives both countries unrestricted flight access to each other countries. The open skies phenomenon is gathering momentum and more and more countries are signing up. Recently, the Civil Aviation Authority of Singapore (CA AS) will be setting up an S$100-million Aviation Development Fund to further develop the local aviation industry. Conclusion Airline industry in Singapore has growing fast. Its due to have a good economic environment and stable politics. According to the analysis of Porters Diamond Model of Competitive Advantage, it obviously shows what competitive advantages of the Singapore airline industry have. Firstly, Singapore airline industries have the good human resources, finance support and other factor endowments. Secondly, the strong demand of market and the related and supporting industries. Additionally, the good opportunities and the government support. My recommendation for Singapore airline industry: Keep strong emphasis on the brand name and quality of service. Stay with the competitive advantage what the industries have, using the differentiation strategy. Maintain the innovation and complimentary products.

Women In Art Essay examples -- essays research papers

Women throughout history, from the 1500’s till now have been looked at as objects. In the 1500’s during the time of the Renaissance woman were often portrayed in art in the nude. Curves at that time showed women as being goddess like. The more curvy and voluptuous you were the more beautiful men saw you. Artists who painted the female body were often commissioned by rich men to paint these paintings to hang in their houses. Women in this age are still portrayed in art in the nude. Mostly in nude magazines. Some people would consider these magazines to be vulgar and raw however men still look at these magazines for enjoyment making them a form of art.   Ã‚  Ã‚  Ã‚  Ã‚  In â€Å"Looking at Women†, by Scott Russell Sanders, he looks into his experiences with women throughout his life...