Free Essays on Exclusionary Rule

The Constitution of the United States was designed to protect citizens’ civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices are being developed and established. The exclusionary rule is considered to be the most vital to the protection of civil rights. The exclusionary rule is represented by the Fourth Amendment of the Constitution and it guarantees that illegally obtained evidence shall not be used against the accused. The history of the development of the exclusionary rule is one of the most fascinating examples of American legal evolution. The Fourth Amendment is believed to be one the cornerstones of the Constitution. It protects citizens from unreasonable searches and seizures, sets the framework for the warrant rule, and introduces the concept of probable cause into police procedures. The significance of the Fourth Amendment is difficult to overestimate. The warrant rule initiated a giant leap forward in the progress of democracy by abolishing the â€Å"general warrant† practice and restricting the invasion of privacy that citizens can be subjected to. The police can no longer engage into â€Å"fishing expeditions† against suspicious individuals and prosecute them based on the evidence obtained in direct violation of the Constitution. However, the exclusionary rule had a long history before it could adequately protect citizens. The rule met strong opposition from police officia ls and even some Supreme Court Justices before it became a valid legislation capable of providing adequate protection for citizens. Despite the overwhelming significance of the rights... Free Essays on Exclusionary Rule Free Essays on Exclusionary Rule The Constitution of the United States was designed to protect citizens’ civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices are being developed and established. The exclusionary rule is considered to be the most vital to the protection of civil rights. The exclusionary rule is represented by the Fourth Amendment of the Constitution and it guarantees that illegally obtained evidence shall not be used against the accused. The history of the development of the exclusionary rule is one of the most fascinating examples of American legal evolution. The Fourth Amendment is believed to be one the cornerstones of the Constitution. It protects citizens from unreasonable searches and seizures, sets the framework for the warrant rule, and introduces the concept of probable cause into police procedures. The significance of the Fourth Amendment is difficult to overestimate. The warrant rule initiated a giant leap forward in the progress of democracy by abolishing the â€Å"general warrant† practice and restricting the invasion of privacy that citizens can be subjected to. The police can no longer engage into â€Å"fishing expeditions† against suspicious individuals and prosecute them based on the evidence obtained in direct violation of the Constitution. However, the exclusionary rule had a long history before it could adequately protect citizens. The rule met strong opposition from police officia ls and even some Supreme Court Justices before it became a valid legislation capable of providing adequate protection for citizens. Despite the overwhelming significance of the rights...

Health and social care Essays

Health and social care Essays Health and social care Essay Health and social care Essay In this essay we will be measuring a journal article from a subject in Health and Social attention. The journal article is Evidence of resiliency in households of kids with autism from the Journal of Intellectual Disability Research. I will be looking at the methods used in acquiring information ; ethical considerations of the piece of research and the value of the research to the Health an Social attention field. This article used many different methodological analysiss in order to roll up information. It is set out in phases and the first phase involved roll uping informations from 175 male parents, female parents ( including individual parents ) , and other biological health professionals of autistic kids. They used choice standards for the participants which involves the diagnosing of the child’s autism on the autistic spectrum and the age of the kid which says that they must be between 2 and 18 old ages of age. These criteria’s are utile because they help guarantee that they get a assortment of statistics from different households in order to acquire a valid decision about the resiliency in households. The age standards can give a broad scope of information and valid informations about how autism affects households when the kids are different ages. These criteria’s besides better the dependability of the research ; by guaranting that there is a bound on age it there i sn’t information about anyone older who perchance could entree grownup services. Besides by doing certain of the child’s diagnosing it would turn out to be more dependable informations because all of the kids are on the autistic spectrum. The sample of households was taken from the Autism Society of Illinois’s members, parents of kids enrolled on the Chicago Public School’s Autistic Programs, and parents of kids with autism in one Private Therapeutic Day School. The dependability of the research can be questioned in context to a world-wide position of resiliency in autistic households. This is because the consequences have been taken from one province in America, which is Illinois, and the installations that households with autistic kids have entree excessively are vary throughout America and the universe. The research is valid because inside informations have been taken about all services received by the kids, but it’s undependable because it does n’t state what kids receive what services. More item should be taken in happening out the installations accessed compared to the badness of the status and besides the income of the household to guarantee that similar services can be used by households with less money. This is a really effectual manner of roll uping consequences because it shows that these parents are actively involved in their children’s life and will be more inclined to take part in the research. The cogency of this research can be questioned because, as it shows in table 1, 63 per centum of the samples are white compared to merely 16 per centum of the sample who are African American therefore we don’t acquire the full image about households of other ethnicities. Besides because 61 per centum of the sample have an one-year income of more than $ 60,000, whilst 23 per centum earn between $ 0 and $ 40,000. The mean US family income in 2004 was $ 44,389 ( US Census Bureau, 2005 ) US Census Bureau ( 2005 ) Income, Poverty, and Health Insurance Coverage in the United States: 2004, hypertext transfer protocol: //www.census.gov/prod/2005pubs/p60-229.pdf. This could impact the dependability of the consequences because there is an over representation of the upper category, which in footings of entree to installations for the autistic kid could do life easier and demo greater resiliency in the household. To better the dependability of the consequences, more research would hold to be done into the households with lower income i.e. the 1s who earn $ 0- $ 40,000 yearly. The mean income of participants was $ 80,000 per twelvemonth, which is well higher than the mean household income. 80 per centum of the kids in this survey were male, but this is improbable to hold affected the consequences because male childs are 3-4 times more likely to develop Autistic Spectrum Disorder than misss ( NHS, 2009 ) so it is possible that most of the autistic kids are boys. The NHS ( 2009 ) says that Auti stic Spectrum Disorder varies in badness from kid to child. NHS ( 2009 ) Autistic Spectrum Disorder, hypertext transfer protocol: //www.nhs.uk/conditions/autism-aspergers/ . 53 per centum of the kids in the survey had moderate to severe autism, which is a just per centum in order to accomplish dependable consequences because it can demo whether or non the badness of the status effects resiliency in the household, as holding a terrible autistic status can hold a big consequence on things like communicating. Even when autistic kids can get by academically, due to jobs socializing they are likely to be victims of intimidation, ( BBC Health, 2009 ) BBC Health ( 2009 ) Autism and Asperger Syndrome, hypertext transfer protocol: //www.bbc.co.uk/health/conditions/autism1.shtml # causes_and_risk_factors. Factors like the child’s school experiences can impact the manner they behave at place, which in bend can put more emphasis on the household and show less resiliency amongst them. The bulk of the kids in the survey demo some sort of aggressive behavior ; merely 33 per centum have none at all. Out of the consequences merely 8 per centum have frequent aggressive behavior. The steps used for the research were qualitative and gathered in depth information from the households utilizing a signifier with three inquiries, dwelling of inquiries about how autism affects the household, a description of the positive and negative effects of autism on their personal life, and a description of the kid. This is an effectual manner of achieving information on this topic because it requires a batch of item in order to acquire adequate cognition to come to a valid decision. That is why inside informations about household net incomes, instruction and position are of import because they can hold a great consequence on the family’s functionality, and the resiliency that consequences from this. In the same manner that the households description of the kid is of import to unders tand the fortunes that they have to cover with to be resilient. The first inquiry about how autism affects the household is valid as it can happen out how the households themselves see the effects of autism. The dependability of the replies can be questioned because of different household fortunes, and the manner that a household affected by autism, sees how a normal household should map. Besides because the replies are qualitative the parents may hold answered in different ways, so it is left to the analyzers to state whether or non they are relevant and to categorize them. The 2nd inquiry contains similar jobs with dependability because it could be that different people had different personal lives before they had an autistic kid, therefore the consequence of autism on their personal life has been different. This could be down to the sum of excess attending it takes to care for an autistic kid, sometimes their behaviors can be hard to cover with every bit sometimes they learn what behaviours assist them to acquire what they want ( National Autistic Society, 2010 ) , National Autistic Society ( 2010 ) How can I assist a kid with autism at my school? hypertext transfer protocol: //www.nas.org.uk/nas/jsp/polopoly.jsp? d=1010 A ; a=10143. or the installations that they have entree excessively in order to derive some type of reprieve. There is besides some dependability because the parents and carers would hold no ground to give deceptive replies and the bulk of the replies should be easy interpreted and analysed to come aid with the decision. 2b.Austerity refers to those actions taken by people who are living on a low income: meal cuts, parents going hungry to feed their children, and resorting to food banks as a last resort. People living below the poverty line depend on food banks because they cannot afford to feed themselves and their families. However, some individuals are too ashamed to seek the assistance of food banks and, therefore, they opt to cut the size of their meals for their budget to fit (Milligan, 2014). Just like the government cuts back on spending and increases tax rates during adverse economic conditions, people living below the poverty line need to compromise some of their basic needs. 2c.The Trussell Trust has blamed the governments welfare changes for influencing the rising number of food bank users in the UK. Thus, the government should look into the matter and determine the real cause of hunger. In addition, the Trussell Trust pointed out that the delay in benefits payment is also a contributing factor to the growing number of people using food banks (Milligan, 2014). At the same time, it also identified benefit sanctions as yet another primary cause for food insecurity in the UK (Milligan, 2014). The clergy, on the other hand, maintains that food insecurity should be made a moral issue to help families, which are suffering in silence due to shame. 3.The current social security system is failing because it has been unable to help people out of poverty and, instead, it has driven more into destitution (Cooper, Purcell, and Jackson, 2014). As a result, a majority of individuals living below the poverty line rely solely on food banks to feed themselves and their families. The food banks should not be viewed as alternatives to the failing system, but temporary solutions (Cooper, Purcell, and Jackson, 2014). Moreover, in the 21st century, a country ranked among the top ten richest in the world should not be experiencing food insecurity; thus, it a surprise that developed countries, such as the U.S. and Canada are also enduring it due to a failing social security system, low income, and unemployment. More specifically, all these factors are indicators of a flawed system that needs reforms. 4.The author of ;What the welfare cuts mean for us: The feeling of dread never goes away; is right about the welfare reforms targeting people who genuinely need help. Most of the victims are not to blame for their financial woes, especially after the author has described the situation in the case studies. The persons used in them can be viewed as victims to a failing system that has no regard for the negative implications of the welfare reforms (Gentleman, 2013). The author has proven that the system is not fair to everyone especially the disabled, who are disadvantaged the most. Task 3 Section One According to a 2005-6 statistics, there are many children in residential child care, and they are spread across the UK: Scotland (14,060), Northern Ireland (2,436), England (60,300), and Wales 4,784) (Social Care Institute for Excellence, n.d.). Even though the number of children under child care varies from country to country, approximately fifteen percent of those in the UK are under the residential child care program. Food insecurity and economic instability are directly proportional. Ideally, the hunger-stricken children suffer from poor nutrient consumption and inadequate nutrition. In the wealthy society in the UK, good food is discarded on a daily basis, while in the poor one; people go to sleep with empty stomachs. The community in the United Kingdom is, therefore, distinctively different. The government needs to chip in and identify these structural inequalities within the UK society. It should regulate household income to facilitate the availability of food for the poor. Section Two Some key legislations and rights are dedicated to protecting the welfare of children living in a children;s home. The Children Act 1989 advocates for the prioritization of a child;s needs and also acknowledges the vital importance of taking care of them (Bradshaw, 2011). Moreover, the legislation addresses the expectations and requirements when taking care of children; thus, it ensures that all their basic needs are provided. The Children Act 2004 is a reinforcement to the 1989 Act, whereby a team of qualified professionals is appointed and expected to work collaboratively in promoting the welfare of children (Bradshaw, 2011). The legislation also protects them from physical harm by their guardians and also safeguards them from physical punishment by limiting the use of reasonable punishment as a defense for causing any bodily harm to a child.;; Section Three ; Children are too young to dream of a realistic future that they would want; it is impractical to let them decide their future. ; Children are young and innocent, which makes them vulnerable, they are not responsible enough to make decisions that affect their lives since they are not experienced to understand complex matters, such as taxes and government policies as well as welfare reforms. ; Children;s needs are important because they affect their well-being and overall life. Reflection Lessons Learnt This module has brought to my attention critical global issues that are adversely affecting the developed nations. A significant number of people in developing countries might be surprised to discover that hundreds of thousands of individuals are living below the poverty line and most of them depend on food banks to sustain themselves. According to some of the sources cited in the previous tasks, the government seems not to take the food insecurity issue seriously. As a result, most people who deserve help end up being victims of the government;s budget cuts. The reforms have, therefore, not taken into account some of the implications of reducing or temporarily suspending benefits of people, who are already struggling to make ends meet. Furthermore, I have noticed that most of the individuals who depend on food banks do not have high academic standards, which might also lead one to question the efficiency and affordability of the education system. As the cost of living escalates each year, most residents are being driven into desperation, and so they have to rely on food banks, which is quite embarrassing to some of the victims. In addition, the magnitude of food insecurity is yet to be determined since many families opt to suffer behind closed doors to avoid shame and social stigma that they may face from friends, relatives, or neighbors. Overall, the system is not doing enough to ensure that people get fair and equal treatment. Furthermore, some of the case studies provided by The Guardian are clear indications that the system is flawed and needs to employ effective reforms. What I Have Learnt and How It Has Helped Me I have learned that some of the government policies and reforms are not as effective as they should be, leaving many families to bow their heads in humiliation and accept donations. Understanding the severity of the situation has helped me realize how food banks are slowing down welfare reforms. The government might as well be reluctant to solve the food insecurity issue as food banks are seen as an alternative and not a temporary solution.; Before and After the Course At the beginning of this course, I was aware of the food insecurity situation in the UK, but I was not informed on how far the situation has affected thousands of families. As compared to the beginning, I feel more informed and aware of some of the contemporary issues that are silently killing people in the society. More importantly, I have gained more insight regarding my future research on issues, such as food insecurity and poverty. References Bradshaw, J., 2011. The well-being of children in the UK. Bristol: Policy Press. Butler, P., 2014. Government dismisses study linking use of food banks to benefit cuts. [Online] (updated 19 Nov. 2014) Available at: ;https://www.theguardian.com/society/2014/nov/19/cuts-benefit-changes-driving-up-use-food-banks-study; [Accessed: 29 December 2016]. Cooper, N., Purcell, S. ; Jackson, R., 2014. Below the breadline: the relentless rise of food poverty in Britain. London: Church Action on Poverty. Gentleman, A., 2013. What the welfare cuts mean for us: the feeling of dread never goes away. [Online] (updated 16 Dec. 2013) Available at: ;https://www.theguardian.com/society/2013/dec/16/welfare-cuts-government-coalition-benefits; [Accessed: 29 December 2016]. Milligan, B., 2014. Food banks see ;shocking; rise in number of users. [Online] (updated 16 Apr. 2014) Available at: bbc.com/news/business-27032642 [Accessed: 29 December 2016]. Social Care Institute for Excellence, n.d. An introduction to residential child care. [Online] Available at: ;scie.org.uk/assets/elearning/residentialchildcare/rcc01/resource/textonly/00113350_answer.html; [Accessed: 29 December 2016].

Persuasion against Capital Punishment Research Paper

Persuasion against Capital Punishment - Research Paper Example The death penalty or capital punishment presents American society with a myriad of contradictions, which is the terrain of unresolved tensions characterizes the 'moment of terror' (Haney 2005, p. 3). It is declared as a sensitive issue which is prioritized on the human rights agenda and has been declared as the most inhumane act practiced by most of the civilized nations. Research suggests that it is already abolished by 106 countries of which 30 are those that have abolished since the last two decades (Human Rights, 2009).  The concern that arises here is that why so many countries including the United States have swallowed the truth that long-term imprisonment is better than execution. However, there are nations that still believe the effectiveness of death penalty that is proliferated and practiced in many countries throughout the world among which China, Japan, Middle Eastern nations along with the United States are the most prolific executioners in the world. Being a significa nt subject of controversy, this paper discusses the anti-death penalty stance by debating on the execution consequences that often left a dubious mark on the personalities of the innocent after being executed and in this manner, many innocents not only lose their lives but are also labeled as offenders. The death penalty, for many Americans, offers discrimination between minorities and the socially deprived and violates the right of the offender to survive. Pro-capitalists claim that penalty is the tantamount justification for offenders that by proving the principle of retribution, are liable to acquire death instead of imprisonment. However, there are other aspects that are often overlooked while determining the legitimacy of capital punishment. These issues pertain to racial prejudice while raising the concern over the failure of history to justify innocent execution.     Ã‚