The Miranda warning Free Essays

Introduction For even the most casual viewer of police television shows, the cry of â€Å"read me my rights† has been heard from the lips of accused criminals as frequently as anything else.   Beyond this statement, however, lies a real life drama- The Miranda Warning.   Where this warning came from, its true meaning and intent, as well as what the future should hold for The Miranda Warning are all pivotal questions which will be answered in the course of this research in order to better understand not only Miranda, but the overall American criminal justice system and its approach to the rights of those accused of crimes. We will write a custom essay sample on The Miranda warning or any similar topic only for you Order Now What is the Miranda Warning? To begin, the origins of The Miranda Warning itself, as well as the actual verbiage of the warning, need to be understood.   Originally, The Miranda Warning came forth from the legal case of Ernesto Miranda, the focus of the 1963 Supreme Court Case Miranda v. Arizona   (Lyman, 2004).   Essentially, the facts of the case are as follows: Ernesto Miranda was arrested, accused of the rape of a mildly mentally handicapped woman.   At the time of his arrest, Miranda was not advised by the arresting officer that he had the Constitutional right to remain silent, to choose not to answer questions without an attorney present, and to not be forced to offer any information that would be used against him in any legal case. Eventually, Miranda’s attorney argued that Miranda’s confession to the crime should be thrown out of court, because it was obtained without Miranda being advised of his rights.   The original judge in the case denied this motion, but eventually, the Supreme Court ruled that the statements that Miranda originally made to the police should be disregarded because he was not read his rights (Robertson, 1997).   As a result of this pivotal ruling, a standardized warning, therein known as The Miranda Warning, was instituted by all police forces in the United States, and recited to anyone accused of a crime before being questioned.   The full text of the warning is as follows: â€Å"You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?  If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?† (Robertson, 1997, p. 161)  Ultimately, the warning was effectively made much shorter and easier for suspects to understand, presented as follows: â€Å"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.† (Robertson, 1997, p. 162). With The Miranda Warning having been refined and put in place, one would make the assumption that the rights of individuals are protected, and the police are safeguarded against having key evidence dismissed on a technicality, but the opposite is actually the case.   Further research has revealed pivotal issues surrounding The Miranda Warning. Pivotal Issues Surrounding the Miranda Warning The Miranda Warning faces heavy controversy both from the viewpoint of the criminal justice system and the accused criminal.   For police and the courts, Miranda is sometimes argued against, as the claim is made that the Warning prevents the swift investigation of criminal matters due to the lack of divulgence of important information during questioning that could literally save lives or property; this has especially become true in the modern era of terrorism, when foreign suspects, many argue, need to be compelled to give information immediately so that potential terror plots can be diffused before mass murder occurs. However, for the accused and the attorneys that represent them, Miranda is seen as something that is necessary in order to keep police from either misinterpreting the statements of suspects, coercing confessions out of suspects through psychological means, or by actually resorting to violence to literally beat a confession out of the suspect (Miranda’s Enemies, 2000).   Based on the two sides of the issue, the pivotal issue is clear: how can Miranda be used in a way that protects victims, aids law enforcement and promotes common order, while still giving accused criminals the entitlements of due process as guaranteed by the Constitution?   There is no clear answer to how this can be achieved, but on both the federal and state levels, the issue has been explored. States’ Views of the Miranda Warning Some states have taken a more generous view of the use of Miranda than others, resulting in cases being brought to appeal in the supreme courts of those states.   The landmark case in this regard, cited over the past several years, is Missouri v. Seibert.   The basic facts of this case were that police in the state of Missouri were reading Miranda to suspects only after they began questioning them, and they would then continue to question after the reading, in an effort to confuse a suspect. With this approach, the suspect, even if their statements made before the reading were dismissed, would still likely have some statements made after the reading that would be incriminating.   Calling this a â€Å"two-step† around the Constitution, this practice was eventually ruled illegal by a Missouri court (Leo, 1996).   This also brings up another important technicality- the need to provide Miranda to everyone being questioned by police, or only those who are officially placed under arrest.   The net effect of all of this is to greatly muddy the legal waters and make the use of Miranda, or the lack of it, a hot legal topic on both sides of the courtroom bench, so to speak.   Therefore, many states have looked to the federal government to issue universal decrees on Miranda. Constitutional View of the Miranda Warning Every accused criminal has classically been protected by the Constitution, specifically by the First and Fifth Amendments as an example.   Essentially, all of the debates about Miranda have filtered down to a few Constitutional standards, which of course are not set in stone due to the dynamic nature of the American justice system, but are worthy of discussion in this research.   Generally speaking, the Supreme Court of the United States, based on cases like Missouri v. Seibert, has ruled that neither the accused in a criminal case, nor those arrested in a criminal case need to be â€Å"Mirandized† as it has come to be called. However, there is a caution to be noted- if the individual is not made aware of their rights, there is the possibility that statements they make can be dismissed in a legal case against them since the information was technically obtained in an illegal manner by the law enforcement personnel who obtained it in the first place (Nooter, 2005).   Again, there is a legal tightrope to be walked here, between what can be done to protect individual rights of accused and victim alike, while still serving the interests of justice and fulfilling the role of law enforcement in society.   A key question leads to the conclusion of the research- what should be done about Miranda? Conclusion- What Should be Done about the Miranda Warning? In wondering what should be done about Miranda, there is something that needs to be laid out right off- there is no ideal criminal justice system, and the guilty will sometimes avoid punishment, and unfortunately, the innocent will be punished as well.   However, this being said, there need to be safeguards in place to make sure that the police do not falsely generate evidence against accused criminals, and as well, that the truly guilty do not escape justice.   Therefore, in closing, it is one humble opinion that Miranda should be kept in place, closely monitored as it has been.   While it is flawed in some areas, to discard it wholesale would be much worse than the present situation. References Leo, R. A. (1996). The Impact of Miranda Revisited. Journal of Criminal Law and Criminology, 86(3), 621-692. Lyman, M.D. (2004).   Criminal Investigation: The Art and Science.   New York: Prentice Hall. Miranda’s Enemies. (2000, May 15). The Nation, 270, 4. Nooter, D. S. (2005). Is Missouri V. Seibert Practicable? Supreme Court Dances the â€Å"Two-Step† around Miranda. American Criminal Law Review, 42(3), 1093+. Robertson, D. (1997). A Dictionary of Human Rights. London: Europa Publications. How to cite The Miranda warning, Essay examples

Food Desert - Analysis free essay sample

The implementation of this strategy,  specifically by  pioneering small formats in the food desert neighborhoods of Chicago, shows the increased sales opportunities for this market. Walmarts market segmentation studies have shown the potential strength of this type of strategy. The announcement of these stores, and a similar recent announcement in Dallas, demonstrate the importance of these markets in Walmarts plans to gain increased market share of the grocery business.Intelligent market segmentation studies by Walmart have proven the opportunities in these types of urban markets in the US as well as the potential in the Hispanic market, especially in California, Texas and Florida. While traditional grocers   struggle to gain market share by minor improvements in their existing formats and offerings, Walmart has identified significant new opportunities through these studies. Implementation of the Walmart strategy may well bring it an increased dominance in the grocery markets across the US. Smaller, regional chains would do well to define more specific market segments to serve in order to hold their own in their markets. We will write a custom essay sample on Food Desert Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page While Walmart cannot take over every special format or segment, they will be very tough competition in the markets where they implement the current strategies. Negotiations for Walmart to gain sites in Brooklyn and other boroughs of Manhattan represent another beach head for this strategy. While the resistance by labor unions and community activists in New  York will make this a tough strategy to implement, Walmart has the staying power to outlast some of the opposition.In addition, their ability to publicize the positive impact on the community through increased employment and merchandise offerings may further erode negative public impression. They have also embraced a number of environmental sustainability initiatives which might buy favorable press in areas like New York. The potential  for incremental sales increases is dramatic here. This is an initiative to watch, and one which may be a game changer for grocery  retail in the US.

Bnl free essay sample

# 8211 ; When I Fall Poetry Essay, Research Paper When I fall is a lyrical vocal written by Steven Page and Ed Robertson of the Barenaked Ladies. It is about a window washer who is at a critical minute in his life. The vocal is structured in such a manner that a patterned advance and transmutation is seen in the window washers problems from worrisome to life endangering. The window washer is the character of the verse form, and in the first stanza he expresses a fright. He is someplace he doesn T privation to be and is scared. This is followed by the chorus of the vocal in which it is made clear that he wants to do a alteration in his life, but is afraid of failure. At this point the window washers problems take on the signifier of deep mental torment where he resorts to prayer and plaints on the physically and mentally distressing facets of his universe. We will write a custom essay sample on Bnl or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the following stanza, the window washer remarks on the prestigiousness of the council chamber he looks into as he washes the Windowss. Here he addresses the alteration he wants to do in his life and provinces that he would wish to trade topographic points with the concern work forces in the room. However, he realizes that this is impossible because they would neer hold to take down themselves to the stature of a window washer. When he realizes this, his ideas go extremist and he contemplates suicide. By the terminal of the vocal nevertheless, he pulls himself together and recognize that what he does and who is does hold some value in the universe. All of this is brought to the reader by an abundant usage of nonliteral linguistic communication throughout the vocal. For Instance, the scaffold the adult male is standing on symbolizes his place in life ( he is scared and wants to get away. In the 3rd stanza, after depicting the jobs with his universe and how he prays, he curses the windstorms. This is really a metaphor for his mental confusion and desperation. In the following stanza, the prestigiousness of the council chamber is made apparent by the allusion of it towards a pharoahs grave. We know in the terminal that he has pulled it all together when he calls his crystal clear canvas ( the Windowss ) a chef-doeuvre. He has given value to his work and therefore, value to his life. The sonf has a definite rime strategy which lends itself good to the subject of the verse form. In the stanza which addresses his frights and jobs and problems etc. , internal rime is used to give the lines a broken, jerky feel ( possibly much like the adult males ideas ) . However, when he speaks of get awaying and traveling to better topographic points in life ( or decease ) , the metre flows much more nicely and reflects a pleasant watercourse of consciousness. Overall, I think Ed Robertson and Steven page wanted to picture those minutes in life that everyone has where they want to do a extremist alteration. Im certain many of you have felt that manner at one clip or another and I know that I definitley have. This nevertheless, is an utmost instance in that the window washer contemplates suicide. Like most instances nevertheless, there is no major life change.

Silencing the Editor Within

SILENCING THE EDITOR WITHIN One of the most difficult parts of writing – even if you write all day, every day – is learning to ignore your internal editor when you’re working on a first draft. Even now, as I start writing, I can hear the nagging voice of doubt that makes it difficult to put words on paper. My particular voice of doubt looks a bit like my ninth-grade English teacher: She’s got a sour expression on her face, and she’s wearing necklace made of little wooden apples. She knows everything. She hates experimentation. She stands behind me, reading over my shoulder and shaking her head. She makes little noises of disapproval as I work; the tap of my fingers on the keys punctuated every so often with notes of discouragement: â€Å"Oh, you can do better than that, can’t you?† â€Å"Well. That’s not very interesting, is it?† â€Å"I just don’t get it.† Writing, well, isn’t always easy. Fighting the urge to engage in too much self-editing is even harder. There’s nothing wrong with having high standards. But, if you fret too much about getting it right the first time, you’ll wind up with a migraine and a blank page. Maybe your first draft is dreadful. So what? Throw it away, hit the â€Å"delete† key, bury it in the backyard in a shallow grave – whatever makes you feel better. And keep going. Experiment a little. Don’t be afraid to make mistakes. You’ll have plenty of time to revise and let your internal editor go crazy after you’ve gotten your ideas written down. But, when you’re trying to write a first draft, you have to ignore her and concentrate on what you’re trying to say and how you’re trying to say it. You can’t grow as a writer until you learn to stop worrying about perfection.

Supporting Hearing-Impaired Students in Classrooms

Supporting Hearing-Impaired Students in Classrooms Children suffer from hearing loss for a variety of reasons. Genetic factors, illnesses, accidents, problems in a pregnancy (rubella, for instance), complications during birth and several early childhood illnesses, such as mumps or measles, have been found to contribute to hearing loss. Signs of hearing problems include: turning the ear toward the noise, favoring one ear over another, lack of follow through with directions or instructions, seeming distracted and or confused. Other signs of hearing loss in children include turning the television up too loud, delayed speech or unclear speech, according to the Centers for Disease Control and Prevention. But the CDC also points out that signs and symptoms of hearing loss differ in each person. A hearing screening or test can assess hearing loss. â€Å"Hearing loss can affect a child’s ability to develop speech, language, and social skills. The earlier children with hearing loss start getting services, the more likely they are to reach their full potential,† the CDC states. â€Å"If you are a parent and you suspect your child has hearing loss, trust your instincts and speak with your child’s doctor.† Hearing-impaired children have a higher risk of developing language-processing difficulties. If left unchecked, these children can have trouble keeping up in class. But this doesn’t have to be the case. Teachers can employ a number of methods to prevent hearing-impaired children from being left behind in school. Strategies for Teachers of Hearing-Impaired Students Here are 10 strategies teachers can use to help hearing-impaired children. They’ve been adapted from the  United Federation of Teachers website. Make sure hearing-impaired students wear amplification devices, such as a frequency modulated (FM) unit that will connect to a microphone for you to wear. â€Å"The FM device allows your voice to be heard directly by the student,† according to the UFT website.Use the child’s residual hearing, as the total hearing loss is rare.Allow hearing-impaired students to sit where they think best, as sitting close to the teacher will help the child to better understand the context of your words by observing your facial expressions.Don’t shout. If the child is already wearing an FM device, your voice will be amplified, as it is.Give interpreters copies of lessons in advice. This will help the interpreter prep the student for the vocabulary used in the lesson.Focus on the child, not the interpreter. Teachers do not need to give interpreters directions to give to the child. The interpreter will relay your words without being asked.Only speak while facing forward. Do not speak with your back to hearing impaired children. They need to see your face for context and visual cues. Enhance lessons with visuals, as hearing impaired children tend to be visual learners.Repeat words, directions, and activities.Make every lesson language-oriented. Have a print-rich classroom with labels on the objects inside.

Ecotourism Essay Example | Topics and Well Written Essays - 2500 words

Ecotourism - Essay Example In addition, it will present two case studies of ecotourism. Ecotourism denotes a responsible form of tourism that promotes both environmental projects and the welfare of the people in the regions of interest (Baromey, 2008). It offers the tourism a great deal of pleasure and a connection with nature and people of different cultural diversities. Ecotourism seeks to create a unification front of environmental conservation, sustainable travel, and communities. Ecotourism operates within a variety of principles that act as guidelines in the venture. It seeks to minimize the impacts that come because of mass and uncontrolled tourism. It also focuses on creating an environmental and cultural awareness as well as respect. Ecotourism has the interests of the tourists as well and emphasizes strives to ensure that tourism derive a measure of satisfaction and have memories of good experiences. Moreover, ecotourism strives to provide the hosts with positive experiences. For ecotourism to prove effective, it must yield financial benefits towards all forms of conservation. The communities that surround tourist destination must derive benefits financially and a form of social empowerment. Ecotourism also focuses on highlighting the necessary sensitivity concerning a country’s social, political, and environmental climate (Buckley, 2004). According to Buckley (2009), ecotourism emerged in the 1980’s after a realization that majority of tourists preferred natural areas. Tourism trends were changing with increased visits to places that tourists interact and connect with nature. The debate and concerns about the environment gave ecotourism an enormous popularity enabling it to penetrate completely into the tourism industry. The term became very popular among tourism promoters. The growth of ecotourism progressed to maturity as many initial theories underwent the test of time and more realistic concepts adopted. The realistic concepts and definitions have come into p lace after evidence based on empirical data became available. Ecotourism has slowly become the most preferable form of tourism because of its sustainability. Sustainability in this context is in reference to its different aspects of promoting the environment, tourist experience, economic benefits and socio-cultural dimensions because of its sustainability, most tourist organizations on the national and international front advocate for ecotourism (Singh, 2010). Community-based approach is one of the strategies emphasize by some organizations. In this approach, the local communities inhabiting the natural areas considered a tourist destination often exercise a measure of control in the ecotourism project. They participate actively in the designing projects as well as the management. In addition, they receive a portion of the economic benefits. The level of contribution of different communities depends on the institutions in place. This implies that planning of a community-based ecotou rism requires an inclusion of initiatives within the community. Community-based have the potential of achieving several targets of ecotourism. From this approach, a community shifts to sustainable livelihood forms. In addition, the approach presents a community with the opportunity of direct contribution in conservation. Direct involvement of a community increases the benefits a community can derive from ecotourism and motivates the community to contribute more to conservation projects.

Critique Article - Math for the young child or any math critique Essay

Critique Article - Math for the young child or any math critique article that deals with children - Essay Example There is immense value to the content of the article as it summarizes the results of the four year long researches on developing  the  Ã¢â‚¬ËœBig  Math  for  Little Kids’ pre-kindergarten and kindergarten mathematics program. The authors present ‘Big  Math  for  Little Kids’ as the  product of their effort from 1998 to 2002, to develop â€Å"a research-based and developmentally appropriate early childhood mathematics program  for  all pre-kindergarten and kindergarten children.† (Balfanz, Robert. et al, 2003, p. 264). The program consists of an all-inclusive set of sequenced learning activities and the lesson units of this program includes numbers, shapes, patterns and logic, measurement, operations on numbers, and spatial relations. The program, as the authors claim, combines mathematics into the daily routines and other early learning areas of the children such as music, art, movement, reading, writing, and science. It also presents mathematical symbols and words in the most cautious and meaningful ways aiming at the children’s lighthearted but purposeful learning of Mathematics. In their article, the authors not only provide the theoretical and research based evidences to the effectiveness of the program, but more significantly the evidences of the practical success of the ‘Big  Math  for  Little Kids’ from their observed results. After introducing the program the ‘Big  Math  for  Little Kids’ in detail, the authors deal with its research base which includes psychological and educational research as well as the design principles. They maintain that every child is capable of learning mathematics at a  young  age based on their researches. According to the authors, it is important to provide the children with adult guidance along with opportunity for play and they also specify that low-income children should