Wednesday, October 30, 2019
SEARCH AND SEIZURE- CRIMINAL LAW Research Paper
SEARCH AND SEIZURE- CRIMINAL LAW - Research Paper Example Since the enactment and implementation of this law and its subsequent amendment known as the 4th Amendment, there have been several public and academic reviews on the law. Whereas some of these reviews seek to educate the public on the mandate and interpretation of the search and seizure law, others seek to criticize the law whiles others on the other hand seek to magnify the merits of the law. In this essay, there is an integrated approach to critically analyze the search and seizure law from the view points of as many schools of thoughts as there are on the law. Overview of the Search and Seizure Law The search and seizure law entails much more than we hear in its name. This is to say that the law goes beyond just searching a person or a place and seizing items. Broadly, ââ¬Å"ââ¬Å"Search and seizureâ⬠refers to the methods used by law enforcement to investigate crimes, track down evidence, question witnesses, and arrest suspectsâ⬠(US Legal, 2011). This means that the search and seizure was enacted with the need to track down on criminal activities by gathering and gaining enough grounds for evidence and conducting investigation. For example when a civilian gives off a police tip about a person involved in the dealing of drugs, one of the best ways the police can gather evidence on the authenticity of the suspicion on the otherwise of the suspicion is to search the suspect or his or her premises. In case drugs are truly found, the police would best represent their case in court when they seize the drugs as evident. The application of the search and seizure law in the United States however varies from State to State (US Legal, 2011). The fundamental principle based on which the law works however remains the same; regardless of the State using the law. Due to the technicality of the search and seizure law, it is ably backed and guided by other constitutional laws, commonly known as the 4th Amendment. Search and Seizure and the 4th Amendment Laws a re made to protect the citizenry. This means that laws must be devoid of rooms that permit the abuse of the fundamental human right of people. Having talked about the concept and idea behind the search and seizure law, one may be tempted to think that the search and seizure law would give room for the police and perhaps other security and intelligence agencies to abuse the privacy and safety of civilians. This is far from true. This is because the mandate of the police in using the search and seizure law is controlled by the 4th Amendment. In this regard, Bergman (2010) explains that ââ¬Å"the 4th Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons).â⬠This is to say that the 4th Amendment is a policing tool for the police in executing their search and seizure jurisdictions. The 4th Amendment works on the principle and basis of privacy o f individuals. At the same time however, the 4th Amendment preserves the sanctity of the search and seizure law and therefore strikes a balance by protecting individuals against unreasonable search and seizure and not just against search and seizure. Bergman (2010)
Monday, October 28, 2019
Aluminum smelter in South Africa Essay Example for Free
Aluminum smelter in South Africa Essay We recommend you do not build this new Greenfield primary aluminum smelter in South Africa. In order to achieve a 15% ROI on your investment, you require a long-term average price of $1500 for aluminum. We have estimated that demand for primary aluminum in 5 years will be at $20bn, which will support a market price of around $1490. This heavily builds on the assumption that aluminum inventories will be zero by that time, which depends on a successful implementation of the international Memorandum of Understanding. Historically these non-binding agreements have been very hard to enforce, and so a scenario where supply is far greater than demand is likely, leading to large inventories and lower prices. It is because of this uncertainty that we recommend you do not build the plant. Back-up calculations: 1.ROI calculation: Given investment costs of $1.6bn, full capacity of 466,000 t/year and an ROI requirement of 15%, we calculated that you require a price of $1,500 per ton of aluminum. 2.In the short run, all smelters need to cover variable costs, which include electricity, alumina, other material costs and freight cost. In the long-run, they need to cover total costs. a.The current price ($1,100) covers variable costs for 20 million tons of capacity; the long-run price will have to be higher. b.Smelters may hesitate to scale down production of individual pots, as this will still incur costs of labour or other non-material costs, as well as additional costs in having to rebuild and reline the pots. c.Not all producers are subject to the same pressures, e.g., variable costs differ significantly between different smelters (different size, efficiency, tax breaks, power agreements). Government-run facilities may have more financial support due to their social role in addition to pure production, such as securing raw materials supply for domestic industries, as well as providing jobs for local communities. 3.Given a CAGR of 2% per year, we estimate total aluminum demand to be 27 million tons in 1998. Assuming that inventories are zero, and primary demand accounts for 74% of total supply, this would imply primary demand of 20 million tons. 4.To produce 20 million tons, the price would be around $1,490 per ton. 5.The reduction in inventories and stabilization of the price level depends on the success of the MoU. Other producers may not look favorably on you opening a new smelter when they have had to cut down on production.
Saturday, October 26, 2019
A Comparison of Hamlet and One Flew Over the Cuckoos Nest :: comparison compare contrast essays
A Comparison of Hamlet and One Flew Over the Cuckoo's Nest A Comparison of the Character Hamlet, of Shakespeare's Hamlet, and McMurphy of One Flew Over the Cuckoo's Nest It is suggested that in modern literature, the true element of tragedy is not captured because the protagonist is often of the same social status as the audience, and therefor, his downfall is not tragic. This opinion, I find, takes little consideration of the times in which we live. Indeed, most modern plays and literature are not about monarchs and the main character is often equal to the common person; this, however, does not mean the plot is any less miserable nor the outcome any less wretched. The first work I have chosen proves this fact. One Flew Over the Cuckoo's Nest, a first novel by Ken Kesey published in 1962, is a contemporary tragedy describing the downfall of a rigidly administered ward in a mental institution led by the rebellion of a new admission. The work I have chosen to compare this novel to is the classic play by William Shakespeare, Hamlet. There is an intimate relationship between these to works beyond that they are both tragedies; the protagonist in each lacks conventional hero qualities. Both Hamlet and R.P. McMurphy in One Flew Over the Cuckoo's Nest, can be defined as anti-heroes making these two pieces comparable for study. To examine the aspect of anti-heroes in tragedy, and how this relates to the characters of R.P.McMurphy and Hamlet, an analysis of the motivation of each is necessary. Motivation is the source of all action, and only in this area these two characters similar to a traditional protagonist. As the character himself evolves through the course of the plot, so do their motives. Hamlet and McMurphy begin at different points with different purposes, but soon meet with a common incentive. For Hamlet, this initial impulse is derived from his embitterment towards his mother for remarrying so soon after his father's death and for selecting her late husband's brother Claudius, as her second partner. In a witty statement to his closest friend Horatio, he expresses his indignation; "The funeral baked meats/ Did coldly furnish forth the marriage tables." Entirely unrelated, is McMurphy's need to be "top man".
Thursday, October 24, 2019
Pros and Cons of Drugs
The Pros of Illegal Drugs Many countries along with the United States have laws forbidding the possession, sale, and use of certain drugs ranging everywhere from marijuana to heroin. Though many countries classify these drugs as illegal, I believe certain ones are not as bad as people portray them as. In my mind, the illegal drug cannabis, also known as marijuana should be legalized since it can not only improve the economy but its side effects are not that foreign to other legal drugs. I believe marijuana should be legalized considering its side effects are not too extreme.Drugs such as heroin, cocaine, and methamphetamine should not be legalized. These drugs carry strong side effects and are damaging to the body, resulting in damage to the human body. A debatable point on the matter is the money these drugs produce. Some believe that legalizing these certain drugs will in turn help the suffering economy we are now facing. Though this may be true in some aspects, it is an awful idea in others. Yes, legalizing these drugs would bring in a large profit considering how pricy they are, however it also would be very harmful to the people using them.These drugs can be overdosed on very easily, and if so it can result in severe harm or even death. Marijuana on the other hand can also produce a large profit without those severe consequences. Side effects of marijuana are quite minor compared to other illegal drugs. It speeds up the userââ¬â¢s heart rate and causes physical impairment. The worst of its side effects are breathing difficulties and the increase in chances of getting lung cancer. These side effects are exactly the same as those of cigarette consumers.Smoking tobacco cigarettes carries the same side effects plus even more due to the buildup of tar it causes in the lungs and yet the sale and consumption of such a product is still legal. I see the use of marijuana as a combination of the consummation of alcohol and cigarettes at the same time. These side e ffects are not that bad compared to those of more potent drugs such as heroin, cocaine, and methamphetamine. The sale of an illegal drug such as marijuana could really boost the already struggling economy.If the government were to contribute to the sale of marijuana by adding a sale tax to it, it could provide the government with much needed money. The legalization of such a drug would create a high supply and demand for the product, which would allow the government to modern its sale and production. It would also provide the economy with more jobs. It would open up more employment for those suffering from the economyââ¬â¢s state considering the product would need to be produced and grown in large amounts.Along with the help the sale of marijuana could produce towards the economy, it would also eliminate the ââ¬Å"forbidden fruitâ⬠variable. Young adolescents tend to be drawn into actions that they are forbidden to do. Legalizing marijuana would end that and would in turn e ven keep the use to a minimum for many individuals. There are many pros to legalizing certain illegal drugs within the United States. Legalizing marijuana would help more than it would do harm.Other drugs such as heroin, cocaine, and methamphetamine should not be legalized due to their harmful side effects, even though they would bring in a large profit. Though marijuana would not produce quite as much profit as those more potent drugs, it would still contribute greatly to the economy. It would not only provide the government with money if it was taxed, but it would also contribute to the work force. The high demand for the product if legalized would create jobs for unemployed persons. The legalization of a drug such as this would contribute to the U. S. ââ¬â¢s struggling economy.
Wednesday, October 23, 2019
The Zodiac Killer
The Zodiac was very real villain, and no this villain does not have a giant evil lair or an army of henchmen. What he does have is a psychopathic and insane mind filled with twisted ideas as well as a bit of genius. This villain is the Zodiac Killer one of Americas most infamous serial killers. The Zodiac was active between the sass's and sass's, in this time he took 37 victims in total but the the police only counted seven as definite victims.The Zodiac is like a typical cliche horror movie villain but before the Lech, this mysterious criminal was clever and quick. For years he taunted the police and media, what set him apart from the average day to day serial master mind were his letters. He sent a total of eighteen letters throughout his career If you can call It that, to newspapers mostly though some to private citizens. HIS letters and cryptic messages would always begin with ââ¬ËDear Editor this Is the Zodiac speaking. ââ¬Ë He would demand for the letters to be published threatening to go on murderous rampages If they weren't.Way back in 1966 before anyone had ever heard of the Zodiac an 18 year old student named Cheerier Joy Bates was found brutally murdered near the Riverside City College's library complex. After disabling her car the believed to be Zodiac approached her asking if she needed a ride home home. The police determined the Zodiac must have had a personal connection with her as she was comfortable having a conversation and accepted the ride. Zodiac recorded this event in a letter titled ââ¬Ëthe confession' and sent it to the Riverside Police and the colleges newspaper.This was the first of many letters and confessions to come. In 1969 the Zodiac story had exploded into news, however the police only began to consider Zodiac as the culprit in 1970 after a meeting between two investigators. After this event there came more murders the police never really being able to pin point a culprit though Zodiac was always a suspicion they never h ad enough evidence to prove it was him guilty. The death of three young couples had left the police dumbfounded. After the murder of another young couple the police received a phone call from a telephone box.A voice spoke with no accent and was clear and even as if reading Off script, the voice reported a double murder as well as telling the police the location he added a confession of murdering the year before. This continued from 1966 till the early ox's. With no absolute evidence and forensic technology not being advanced enough the police could never pinpoint the killer so his Identity remains a mystery. Although there were a number of suspects and many people believe they know the Identity of the zodiac. Cliche, this mysterious criminal was clever and quick.For years he taunted the police is letters. He sent a total of eighteen letters throughout his career if you can call it that, to newspapers mostly though some to private citizens. His letters and cryptic messages would alwa ys begin with ââ¬ËDear Editor this is the Zodiac speaking. ââ¬Ë He would demand for the letters to be published threatening to go on murderous rampages if even as if reading off a script, the voice reported a double murder as well as telling his identity remains a mystery. Although there were a number of suspects and many people believe they know the identity of the zodiac.
Tuesday, October 22, 2019
Vikes essays
Vikes essays The Vikings are depicted as horrible people who terrorized villages, and took what they wanted. The invasions and the history behind the vikes are all nearly true, but there is more beyond that. Near the end of the eight century began the 300 year (AD 800-1100) Viking Age . They raided Britain, Norway, Denmark and many more. Around the 13th century the Vikings began to fade out as Christianity came. The vikes believed that earth was made up of space called Ginnung (Martell,36) They also believed that people were on a journey in the afterlife and buried them with food, drinks and their possessions in ships. In their religion there were no temples or priests, but many gods. Among them, Odin, the god of the warriors and battle, but also the god of wisdom and poetry. Thor, the god of thunder. Finally there was Frey, the god of fertility, marriage and growing things. Around the year 1000, the Vikings became Christians and restricted the urges to raid. The viking conversion to Christianity was often for trade and politics. If the vikes were able to conduct peaceful relations with other countries, they would have a better chance at building bases by which they could trade their goods. (Jones and Pennick, 1995: 137) The Vikings lived wherever they took over. In 870, Iceland was discovered by Ingolf, who was on a trip. It took seven days from Norway to get to Iceland. Scientist know that the vikes traveled to many places: Of 85,000 Arabic coins, 80,000 were found in Sweden. After raids were done, the vikes asked for a large payment to leave. (Margeson 1994). Warships were used to raid towns, and to travel. The Vikings had excellent building skills. They were all long and slender. Even thought the ships had a mast and a sail, they could still be rowed. All ships carried from 24-50 oars. The longest Viking ship ever found was 92 ft long. When ships were used as transportation, families went too. Wom ...
Monday, October 21, 2019
Dissimilation and Haplology in Phonetics
Dissimilation and Haplology in Phonetics Dissimilation is a general term in phonetics and historical linguisticsà for the process by which two neighboring sounds become less alike. Contrast with assimilation.à According to Patrick Bye, the term dissimilation entered the field [of phonology] in the 19th century from rhetoric, where it had been in use to describe the variation in style required for good public speaking (The Blackwell Companion to Phonology, 2011). Dissimilation and Haphology As discussed below, one type of dissimilation isà haplology- a sound changeà involving the loss of a syllable when itsà next to a phonetically identical (or similar) syllable.à Perhaps the best known example is the reduction ofà Anglalandà in Old English to England in Modern English. Haplology is sometimes calledà syllabic syncope.à (The counterpart ofà haplologyà in writing isà haplography- the accidental omission of a letter that should be repeated, such as mispell for misspell.) The Phonetics of English ElisionLanguage ChangePronunciationSegment and SuprasegmentalSound ChangeWhat Is the Correct Pronunciation of February?Word Boundaries Examples of Dissimilation [An] example of dissimilation is the substandard pronunciation of chimney as chimley, with the second of two nasals changed to an [l]. The ultimate dissimilation is the complete loss of one sound because of its proximity to another similar sound. A frequent example in present-day standard English is the omission of one of two [r] sounds from words like cate(r)pillar, Cante(r)bury, rese(r)voir, terrest(r)ial, southe(r)ner, barbitu(r)ate, gove(r)nor, and su(r)prised.(John Algeo and Thomas Pyles, The Origins and Development of the English Language, 5th ed. Thomson, 2005) Dissimilation of Liquid Consonants ââ¬â¹Consider [an] example of dissimilation of liquid consonants that took place when the suffix -al attached to some Latin nouns to make adjectives. The regular suffixation process gives us pairs like the following: orbit/orbital, person/personal, culture/cultural, electric/electrical. However, when an /l/ precedes the ending anywhere in the root, the ending is changed from -al to -ar as a result of dissimilation: single/singular, module/modular, luna/lunar. (Kristin Denham and Anne Lobeck, Linguistics for Everyone. Wadsworth, 2010) Assimilation v. Dissimilation ââ¬â¹Assimilation is far more common than dissimilation; assimilation is usually regular, general throughout the language, though sometimes it can be sporadic. Dissimilation is much rarer and is usually not regular (is sporadic), though dissimilation can be regular. Dissimilation often happens at a distance (is non-adjacent) . . .. (Lyle Campbell, Historical Linguistics: An Introduction. MIT Press, 2004) Causes and Effects of Haphology ââ¬â¹We say that assimilation and dissimilation are changes that result in an increase or decrease, respectively, in the degree of phonetic similarity between two segments. It is tempting to think that such changes in the one segment are somehow caused by the phonetics of the other, and for generations that is actually how the matter has usually been presented. . . . But this is a confusion of cause and effect. It is true that the effect of the change is a net increase/decrease of similarity between two segments, but it is begging the question (to say the least) to assume that the degree of similarity is also somehow the cause of the change. The fact is that very little is known of the actual mechanisms of these changes, commonplace as they are. (Andrew L. Sihler, Language History: An Introduction. John Benjamins, 2000) Haplology Haplologyà . . . is the name given to the change in which a repeated sequence of sounds is simplified to a single occurrence. For example, if the wordà haplologyà were to undergo haplology (were to be haplologized), it would reduce the sequenceà loloà toà lo,à haplologyà à haplogy. Some real examples are: (1) Some varieties of English reduceà libraryà to libry [laibri] andà probablyà to probly [prÃâbli].(2)à pacifismà pacificism (contrast withà mysticismà mysticism, where the repeated sequence is not reduced and does not end up asà mystism).(3) Englishà humblyà wasà humblelyà in Chaucers time, pronounced with three syllables, but has been reduced to two syllables (only oneà l) in modern standard English.à (Lyle Campbell,à Historical Linguistics: An Introduction, 2nd ed. MIT Press, 2004) The Haphology Effect Theà haplologyà effect can often be heard in the casualà pronunciationà of each of these words: February, probably, regularly, and similarly.à The wordsà libraryà andà necessary, especially as spoken in Southern England, are often heard by foreigners asà libryà andà nessary. But when they repeat the words as such, they do not sound right, since there should be a lengthenedà rà andà s, respectively, in those words. It shows that foreigners notice the beginning stages ofà haplologyà in those words, when there is as yet no complete haplology. (Yuen Ren Chao,à Language and Symbolic Systems. Cambridge University Press, 1968)
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