"Incorporating Graphics Into the Justification Report"
This week, you are to add a graph to your Justification Report. Discuss how you'll approach this part of your assignment, and state the main reasons why you feel that graphs are a necessary part of a formal report.
This week I will add a simple graph to display the criteria as it relates to Alternative A, Alternative B, and Alternative C. Each level or choice or criteria will reflectively show how each will be looked at to show how each has chance to be selected, the need for a market analysis to be done with the choice of manufacturer to mix, package and ready product for distribution. Designer of exterior package as well as the type of jar will be based upon choice. Lastly, the chart will reflect that if approved it will be a priority move for either Alternative A, Alternative B or Alternative C. Further it states that all three (Alternative A, Alternative B or Alternative C) has great feasibility to be successful.
The main reasons I feel graphs are important is because they give a great visual and what is visually imaged and displayed helps with the sale or proposition and okaying to proceed forward. Further it is a short cut through the report and because it is a tool it helps be a focal point in discussion that helps parallel input and gather ideas from participants therefore it is a must for presentations and a final formal report.
From Part 1 of this discussion, determine the main benefits of using graphs in the report presentation. Next, explain the matter in which a creatively constructed graph might help you to better manage and present your data.
The main benefits of using graphs or graphics in a report presentation serves three purposes: to clarify, simply and to reinforce data by assisting with supportive details and to relay the idea in a snapshot. The more simple the graph the more easier for your audience to follow along and take to the idea and run with it. A carefully constructed and creative graph will help manage data and present the theme and idea showing as a focal point. Each type of graph can serve a specific purpose whether it is to show figures, track progress of a project, do a comparison, show a map, changes in itemizations, illustrate a process or procedure, show the parts of a whole (pie chart), or a realistic view of a specific item or place.
Lastly, in utilizing graphics the above-mentioned are a very important part of making the show begin.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree like they say a word can say a volume of significant intricacies in relative interaction between people. So can a chart show solvency, distress or be a good investment. Sometimes it is the presentation that closes the deal and a good graph or chart wins the day.
I also agree that anticipated changes help keep a team on its feet and move with the flow or get left behind.
Thank you.
Felicia
Thursday, June 22, 2017
ENG315 - WEEK 4 - DISCUSSION 4
"Preparing Reports and Proposals - Research"
Locate a secondary source on EBSCOHost published in the past year that will help you explore the problem you have raised in your Justification Report. (Use the "Cite" tool on the EBSCOHost Website to copy and paste the APA Reference information into your response so that your classmates and instructor can see the source.) Next, explain why you chose this source, and determine how it will help you to evaluate your alternatives (i.e. possible solutions offered) and arrive at a recommendation for your employer.
The reason why I chose these websites is to continue the process of analysis in regard to choosing between Alternative A, Alternative B, and Alternative C. Therefore in relation to continued Selection A for the primary choice is the further study of scarage in using the selection on a parallel value to speed up the process of the selective process. Due to the nature of physiological and psychological damage to the clients the consideration of emotional damage and affective treatment by other people when viewing their scars and their resulting sensitivity to abnormal reaction and treatment.
Further the possibility of a combination or addition to the formula of lecithin may possibly help in the rejuvenation of cells due to its ability to change surface configuration and help in the growth control in tissue. The hypothesis is to add a level of lecithin that may inherently affect the physico-chemical changes of the defining nature of the processal process. Consequently, my recommendation for my employer is to conservatively add a ratio of 5:1 and doing a test based on the original formula for two weeks and the modified formula and note the changes and decide on the best of the two
Cell Surface Alterations in Transformed Tissue Culture Cells and their Possible Significance in Growth Control
http://www.sciencedirect.com/science/article/pii/S0022202X15481709
The dermatology life quality index as a means to assess life quality in patients with different scar types
http://onlinelibrary.wiley.com/doi/10.1111/jdv.13135/epdf?r3_referer=wol&tracking_action=preview_click&show_checkout=1&purchase_referrer=www.bing.com&purchase_site_license=LICENSE_DENIED
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree that the need for human resources is a needed asset that is geared around corrective policy, resolving conflictual disturbances and a state of art confidential status.
Further diversity means challenges and as thus the finese of tact, delicacy and promotional goodwill is necessary.
Thank you.
Felicia
Locate a secondary source on EBSCOHost published in the past year that will help you explore the problem you have raised in your Justification Report. (Use the "Cite" tool on the EBSCOHost Website to copy and paste the APA Reference information into your response so that your classmates and instructor can see the source.) Next, explain why you chose this source, and determine how it will help you to evaluate your alternatives (i.e. possible solutions offered) and arrive at a recommendation for your employer.
The reason why I chose these websites is to continue the process of analysis in regard to choosing between Alternative A, Alternative B, and Alternative C. Therefore in relation to continued Selection A for the primary choice is the further study of scarage in using the selection on a parallel value to speed up the process of the selective process. Due to the nature of physiological and psychological damage to the clients the consideration of emotional damage and affective treatment by other people when viewing their scars and their resulting sensitivity to abnormal reaction and treatment.
Further the possibility of a combination or addition to the formula of lecithin may possibly help in the rejuvenation of cells due to its ability to change surface configuration and help in the growth control in tissue. The hypothesis is to add a level of lecithin that may inherently affect the physico-chemical changes of the defining nature of the processal process. Consequently, my recommendation for my employer is to conservatively add a ratio of 5:1 and doing a test based on the original formula for two weeks and the modified formula and note the changes and decide on the best of the two
Cell Surface Alterations in Transformed Tissue Culture Cells and their Possible Significance in Growth Control
http://www.sciencedirect.com/science/article/pii/S0022202X15481709
The dermatology life quality index as a means to assess life quality in patients with different scar types
http://onlinelibrary.wiley.com/doi/10.1111/jdv.13135/epdf?r3_referer=wol&tracking_action=preview_click&show_checkout=1&purchase_referrer=www.bing.com&purchase_site_license=LICENSE_DENIED
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree that the need for human resources is a needed asset that is geared around corrective policy, resolving conflictual disturbances and a state of art confidential status.
Further diversity means challenges and as thus the finese of tact, delicacy and promotional goodwill is necessary.
Thank you.
Felicia
ENG315 - WEEK 3 - DISCUSSION 3
"Criteria"
Criteria are a critical part of the justification report assignment. This is an excellent forum to enlist the assistance of your classmates if you are having difficulty deciding what criteria to choose for Assignment 2.1. Define the term criteria and examine two (2) ways they function in helping someone make an important decision. Note: You can use an example from your own life to help clearly explain your point.
Criteria is defined as specifics that pertain to an idea or projective project, scenario, or specification to fulfill an objective goal.
“Criteria for selecting one alternative over the others might include the following: Which format leaves the least chance for misinterpretation? Which format provides information in the way it can best be used? Can it be tabulated easily? Can it be cross-referenced to other items in the survey instrument?” Lehman, Carol M. BCOM7, 7th Edition. Cengage Learning, 2016. [Strayer University Bookshelf].
Two ways criteria assist is that enables the narrowing and pinpointing of objectives to conduct a process or make a decision. Further within the parallel are standards that help appreciate values to help the selective process when choosing alternatives.
For Example
In my life, my criteria in selecting a mate or husband is dependent upon 1) attractiveness, 2) empathetic, 3) honesty, 4) hardworking individual, 5) ease of conversing, 6) similarity, 7) intelligence, 8) social, 9) Christian and 10) soul mate. By establishing a criteria, this allows the possibility of choice and selection with alternatives. Also, with a criteria either there is an adjunction or not and as thus when the criteria is impossible to be met there is a lapse or unfulfillment.
Discuss your potential topic for the justification report (a workplace problem – see Assignment 2.1 details) then determine which criteria you intend to use to help make your decision. Be sure to cite two (2) reasons why you chose those criteria.
My topic for the justification report is Demablend Skin Product and the needed adjustment to fulfill the criteria of adjustment to ingredient analysis and compository ingredients to alter and accelerate the change in epidermis discoloration, stretch marks and tissue scaring (keloids).
One of the reasons, I chose these criteria is to help reach an expanded market of differing texture of skin and secondly to possibly lower cost of production.
Labeled Skin Diagrams
Friday, September 6th 2013. | Anatomy
"Labeled Skin Diagrams is human body part which used to covers entire outside body and protective barrier again bacteria and germ. The Human skin made up from 3 main part : Dermis, Epidermis and Subcutaneous layer . These is an anatomy picture reference, we always updated new picture for our reader. You will see an images where related with to the title, entitled. Including graphic with tag archive."
http://healthfavo.com/labeled-skin-diagrams.html
http://www.umm.edu/health/medical/reports/articles/skin-wrinkles-and-blemishes
RESPONSE TO CO-STUDENT
I agree that criteria is really an asset because it helps you focus on what needs to be done and cut out the unnecessary. Curiosity intrigued allows the learning of new when researching a project. Very helpful!
Thank you.
Felicia
Criteria are a critical part of the justification report assignment. This is an excellent forum to enlist the assistance of your classmates if you are having difficulty deciding what criteria to choose for Assignment 2.1. Define the term criteria and examine two (2) ways they function in helping someone make an important decision. Note: You can use an example from your own life to help clearly explain your point.
Criteria is defined as specifics that pertain to an idea or projective project, scenario, or specification to fulfill an objective goal.
“Criteria for selecting one alternative over the others might include the following: Which format leaves the least chance for misinterpretation? Which format provides information in the way it can best be used? Can it be tabulated easily? Can it be cross-referenced to other items in the survey instrument?” Lehman, Carol M. BCOM7, 7th Edition. Cengage Learning, 2016. [Strayer University Bookshelf].
Two ways criteria assist is that enables the narrowing and pinpointing of objectives to conduct a process or make a decision. Further within the parallel are standards that help appreciate values to help the selective process when choosing alternatives.
For Example
In my life, my criteria in selecting a mate or husband is dependent upon 1) attractiveness, 2) empathetic, 3) honesty, 4) hardworking individual, 5) ease of conversing, 6) similarity, 7) intelligence, 8) social, 9) Christian and 10) soul mate. By establishing a criteria, this allows the possibility of choice and selection with alternatives. Also, with a criteria either there is an adjunction or not and as thus when the criteria is impossible to be met there is a lapse or unfulfillment.
Discuss your potential topic for the justification report (a workplace problem – see Assignment 2.1 details) then determine which criteria you intend to use to help make your decision. Be sure to cite two (2) reasons why you chose those criteria.
My topic for the justification report is Demablend Skin Product and the needed adjustment to fulfill the criteria of adjustment to ingredient analysis and compository ingredients to alter and accelerate the change in epidermis discoloration, stretch marks and tissue scaring (keloids).
One of the reasons, I chose these criteria is to help reach an expanded market of differing texture of skin and secondly to possibly lower cost of production.
Labeled Skin Diagrams
Friday, September 6th 2013. | Anatomy
"Labeled Skin Diagrams is human body part which used to covers entire outside body and protective barrier again bacteria and germ. The Human skin made up from 3 main part : Dermis, Epidermis and Subcutaneous layer . These is an anatomy picture reference, we always updated new picture for our reader. You will see an images where related with to the title, entitled. Including graphic with tag archive."
http://healthfavo.com/labeled-skin-diagrams.html
http://www.umm.edu/health/medical/reports/articles/skin-wrinkles-and-blemishes
RESPONSE TO CO-STUDENT
I agree that criteria is really an asset because it helps you focus on what needs to be done and cut out the unnecessary. Curiosity intrigued allows the learning of new when researching a project. Very helpful!
Thank you.
Felicia
ENG315 - WEEK 2 - DISCUSSION 2
"Audience, Context, and Email"
Being able to send appropriate, professional emails is a vital skill in today’s workplace. When considering audience and context, determine why it is so important to know to whom you are writing and for what specific purpose you are sending the email communication.
As relating to emails the purpose of effective communication involves the level of basic synchronicity of the written and spoken language to interact a thought and deed to be accomplished. Therefore, when considering an audience the contextual level of content allows the mergence of required input then the relayance of desired out.
As it begins the specific purpose is known and acknowledged and therefore supports the need to communicate. Also, effective communication builds confidence, knowledge and responsibility because it is affective stimuli that causes change perception, knowledge, thought and actions that continue to be causal factors of different attitudes and reception. Further it also reflects ethical principles and conduct that relays personal values and expected responsibility. Lastly, knowing the purpose of the email affects the content and the need to meet the criteria to gauge correct reception and understanding.
Describe an example of a workplace or personal email communication in which the sender (you or someone else) did not pay close attention to audience and context. Ascertain the consequences. Determine how the miscommunication might have been avoided.
An example of a personal email communication in which I did not attend to properly involved an amount outstanding. Because of my lack of completely understanding I was forced to pay a late charge and termination fee that I could not get out of.
The consequences reflected that I was at fault and carried the result of my actions. If I had attended properly my payment would have been paid and I would not have been charged a termination fee nor would the services have been cancelled.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree with your post that an e-mail is really awesome because "zip" and its there. Further it saves tremendous time and is an effective tool in school, work, business, family because it allows stored memories and thoughts with privacy.
It's unfortunate but mistakes happen. But life is still good and we all learn from mistakes.
Thank you.
Felicia McCaw
Being able to send appropriate, professional emails is a vital skill in today’s workplace. When considering audience and context, determine why it is so important to know to whom you are writing and for what specific purpose you are sending the email communication.
As relating to emails the purpose of effective communication involves the level of basic synchronicity of the written and spoken language to interact a thought and deed to be accomplished. Therefore, when considering an audience the contextual level of content allows the mergence of required input then the relayance of desired out.
As it begins the specific purpose is known and acknowledged and therefore supports the need to communicate. Also, effective communication builds confidence, knowledge and responsibility because it is affective stimuli that causes change perception, knowledge, thought and actions that continue to be causal factors of different attitudes and reception. Further it also reflects ethical principles and conduct that relays personal values and expected responsibility. Lastly, knowing the purpose of the email affects the content and the need to meet the criteria to gauge correct reception and understanding.
Describe an example of a workplace or personal email communication in which the sender (you or someone else) did not pay close attention to audience and context. Ascertain the consequences. Determine how the miscommunication might have been avoided.
An example of a personal email communication in which I did not attend to properly involved an amount outstanding. Because of my lack of completely understanding I was forced to pay a late charge and termination fee that I could not get out of.
The consequences reflected that I was at fault and carried the result of my actions. If I had attended properly my payment would have been paid and I would not have been charged a termination fee nor would the services have been cancelled.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree with your post that an e-mail is really awesome because "zip" and its there. Further it saves tremendous time and is an effective tool in school, work, business, family because it allows stored memories and thoughts with privacy.
It's unfortunate but mistakes happen. But life is still good and we all learn from mistakes.
Thank you.
Felicia McCaw
ENG315 - WEEK 1 - DISCUSSION 1
"Business, Interpersonal, and Group Communication and Interference"
Communicating in the workplace provides us with opportunities to both listen and express ourselves effectively or ineffectively. As the the video titled “A Failure to Communicate” (2 min 28 s) located at https://www.youtube.com/watch?v=8Ox5LhIJSBE demonstrates, it only takes a few seconds to initiate a communication breakdown. From the e-Activity, discuss the major interferences that can cause workplace miscommunications. Consider topics from your readings this week, including ethnocentrism, kinesic messages, and role perceptions.
First of all the purpose of communication is to inform, persuade, interact verbally or non-verbally and also to relay and exchange entertainment. As with all communicative excursions the purpose is to always obtain a mutual understanding and therefore having a diverse cultural basis is a challenge but necessary to accommodate the populace. With that in mind the major interferences that can cause workplace miscommunications are inclusive of differing levels of educational competency, exposure to differing cultural outlooks, receptibility of the receiver and sender, experience as to life and work, complexity of coded messages or ability to decode.
Further in concept the physical interference are also a factor that contributes to miscommunication and interpretation that can be due to resentment, bias, cultural conflict, heritage, upraising, personality clashes, levels of emotional difficulties, noisy environments, deliberate verbal and non-verbal manipulations, preoccupation and poor reception.
Also, further barriers that hinder the communication process are alienation and personal desire, poverty, fear, hate, discrimination and prejudice. In relation to ethnocentrism hindrance occurs because each race does things differently and therefore this contributes to conflict as well as stereotypes. Delayed and presented kinesic messages and role perceptions are also facilitators to misinterpretation, confusion and miscommunication.
Describe a situation where you personally experienced (or became aware of) communication interferences that had a negative consequence.
A situation that occurred for myself when a matter of miscommunication happened was when I relayed that an order I placed was incorrect. The response I received was not in accordance with my complaint and I had to contact them and verbally discuss the situation to clear up the misunderstanding. This reflects that an interference had occurred which could be due to lack of competency, educational deficit or the inability to understand my request. Although the experience was negative, the exchange became a positive because I explained in detail what I needed to occur.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree that the communication channels are indeed a fascinating and challenging endeavor but with patience, kindness, tolerance and will it is possible to learn and allow the merge of two avenues of communication to work in compliance to obtain the goal.
The goal is peace and harmony and goodwill to allow the communicative link to occur and live to progressively allow channels of goodwill to prosper and grow. Further I like the same page it is always gracious and helpful in any occurrence.
Things happen and sometimes confusion occurs but the good thing is that you were there for your son and life is so short that even a little mistake is wonderful because you are there and he is safe and life has so much to offer that it is minuscule.
Thank you.
Felicia
Communicating in the workplace provides us with opportunities to both listen and express ourselves effectively or ineffectively. As the the video titled “A Failure to Communicate” (2 min 28 s) located at https://www.youtube.com/watch?v=8Ox5LhIJSBE demonstrates, it only takes a few seconds to initiate a communication breakdown. From the e-Activity, discuss the major interferences that can cause workplace miscommunications. Consider topics from your readings this week, including ethnocentrism, kinesic messages, and role perceptions.
First of all the purpose of communication is to inform, persuade, interact verbally or non-verbally and also to relay and exchange entertainment. As with all communicative excursions the purpose is to always obtain a mutual understanding and therefore having a diverse cultural basis is a challenge but necessary to accommodate the populace. With that in mind the major interferences that can cause workplace miscommunications are inclusive of differing levels of educational competency, exposure to differing cultural outlooks, receptibility of the receiver and sender, experience as to life and work, complexity of coded messages or ability to decode.
Further in concept the physical interference are also a factor that contributes to miscommunication and interpretation that can be due to resentment, bias, cultural conflict, heritage, upraising, personality clashes, levels of emotional difficulties, noisy environments, deliberate verbal and non-verbal manipulations, preoccupation and poor reception.
Also, further barriers that hinder the communication process are alienation and personal desire, poverty, fear, hate, discrimination and prejudice. In relation to ethnocentrism hindrance occurs because each race does things differently and therefore this contributes to conflict as well as stereotypes. Delayed and presented kinesic messages and role perceptions are also facilitators to misinterpretation, confusion and miscommunication.
Describe a situation where you personally experienced (or became aware of) communication interferences that had a negative consequence.
A situation that occurred for myself when a matter of miscommunication happened was when I relayed that an order I placed was incorrect. The response I received was not in accordance with my complaint and I had to contact them and verbally discuss the situation to clear up the misunderstanding. This reflects that an interference had occurred which could be due to lack of competency, educational deficit or the inability to understand my request. Although the experience was negative, the exchange became a positive because I explained in detail what I needed to occur.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
I agree that the communication channels are indeed a fascinating and challenging endeavor but with patience, kindness, tolerance and will it is possible to learn and allow the merge of two avenues of communication to work in compliance to obtain the goal.
The goal is peace and harmony and goodwill to allow the communicative link to occur and live to progressively allow channels of goodwill to prosper and grow. Further I like the same page it is always gracious and helpful in any occurrence.
Things happen and sometimes confusion occurs but the good thing is that you were there for your son and life is so short that even a little mistake is wonderful because you are there and he is safe and life has so much to offer that it is minuscule.
Thank you.
Felicia
CRJ325 - ASSIGNMENT 2 - CONSTITUTIONAL RIGHTS
CONSTITUTIONAL RIGHTS
ASSIGNMENT 2
1
Constitutional Rights
Strayer University
Felicia McCaw
Professor Christopher J. Abreau
CRJ325
Online Spring 2017
June 5, 2017
Constitutional Rights
2
The acts of nation and body summarily deals with governmental litigation of the United States commonly referred to as an adversary system. This government structure and American legal tradition inherited from English common law allowed the transference of legal, thought and deed and act from America’s mother country of sweet England. Acting as a sentinel and guider this great mentor has passed the illustrious ability to form a structuralized legal system (adversary playground) to apply justice and right before a neutral administrator whose purpose is to retain the structure, regulate development of issues rendered before court by rivaling opponents of defendant and prosecutor.
As with purpose the source of rights are derivative from the Great Constitution and amendments of verse and right to fairness and the act of legality for a nation and all therein. Therefore, as indeed the need for true fair governance comes the actual structure of the constitution for federal and state with applicable statutes, case law and supportive consistency to retain acts of fairness in applicable states of decision and attendance to court rules of administering the acts and motions in court. As such the United States Constitution is indeed a fidelity to itself and the people in this country. Acting as a safeguard the Bill of Rights which are the first ten amendments to the United States Constitution formed and sealed by the great council to afford minimum rights to individuals facing criminal prosecution in a federal and state setting.
As fidelity to the country exist so does the need for continued autonomy and continued protection of dignity for those even though the substantive due process suffers challenges the true consequence continue to rear its head to indeed challenge the fort and support the doctrine to
Constitutional Rights
3
help it retain its legitimacy and right. With the 14th Amendment acting as protector and right this allows the continued protection through the criminal process and weighs predominantly on the actual protection afforded by this amendment and as such a continued support of the substantive due process. Further the substantive due process is also a complementary preventer in preventing unfairness and the annihilator of adverse legislation by the Supreme Court.
Active in principle and deed the due process clause guarantee a fair process and the liberty it protects and the halting of unjust governmental interference which compromise fundamental rights that pertain to continued liberty, thought and actions. Even with the consideration of poverty, unemployment, and inadequate education as relayed by Judge Fleming and contrasted with immigration of the depression the wave of increased criminal acts of today signify the need for change of point to address modifications of approach as well as consider the deprived states of knowledge, socialization, and erratic states of stability.
As with the states of economic distress also comes waves of increased criminality, despondency and the active despair of a shattered dream and fear of receiving fair justice in a land that promises and swears justice. Consequently, basic human rights are effectively as important as the Bill of Rights whose imperturbable face is turned against injustice and acts of misconduct that would cause expressions of bias, bigotry, prejudice and discrimination. Therefore, the constitutionality of rights worldwide is a pattern of correction and fidelity to stand against increased acts of crime, mayhem and treasonous acts.
Weaved within the 14th Amendment the exclusionary rule acts as a constitutional right to prevent police misconduct and as thus targets conduct deemed by the court as culpable.
Constitutional Rights
4
Deterrence acts as a sole proprietor of the rule as well as remedy for the violation of the Fourth Amendment. Without a remedy there is no chance for correction or a right. Therefore, the Fourth Amendment allows the ability of the United States and officials to be limited and restrained in its power and exercise of authority and in effect secures the people, their persons, houses, papers and all that is theirs against unreasonable searches and seizures under the guise of the law. As such the right to protest with freedom of speech with support of the First Amendment correlates to the Fifth Amendment and the 14th Amendment and continues to support constitutional rights.
With the task of determining a true right or wrong the rule of law in effect fulfills the purpose of determining and establishing no person is above the law and therefore are accountable for his or her actions. As such this principle is tied closely to law enforcement due to the terrorist attack of 9/11 and ensuring police accountability in the United States. Further criminal and civil liabilities are upheld to restrict and hold civil officers accountable for their conduct on and off-duty.
During the process of arrest the four requirements or elements of arrest are inclusive of seizure and detention, intention to arrest, arrest authority and understanding by the individual that he or she is being arrested. As related to all incidental requirements for investigation for arrest relating to complaints, or APBs or visually seen acts of crime the following must be summarily followed. Either actual or constructive seizure is the first element of arrest which places the individual or perk into police custody. Arrests are usually either with a warrant (unseen criminal act) or without if the perk is visually seen committing a criminal act.
Constitutional Rights
5
The intention to arrest is based upon the purpose of taking the perk into police custody and presenting the individual before a judicial officer or to the police station. As the arresting authority this allocates authorization to make the arrest which is valid by a police officer but invalid if proper authorization does not exist. The last element of arrest is when the perk has full knowledge of his or her situation by the conveying of the Miranda rights and removing to the squad car and subsequently to the police station.
As a parallel to arrest the act of search and seizure with a warrant is levied against first the person then actively upon the immediate area whether vehicle or home. Therefore, the act of a true seize is based upon the perception of a reasonable person and on a totality of circumstances. Further acts of search and seizure are governed by the Fourth Amendment without a warrant and are still subjected to the probable cause requirement. Additionally, the right to privacy and the right against unreasonable searches and seizures is an expected right against governmental intrusion and infringement upon basic individual rights.
With or without warrant the plain view doctrine allows the seizure of illegal tools that continue acts of criminality or is a silent accomplice in acts of crime. Therefore, the right to seize, arrest is allowable if visually sighted. As a right hand, the four requirements (probable cause, supporting oath or affirmation, description of the place to be searched and things to be seized, signature of the magistrate) works in harmonious balance with the plain view doctrine because it serves a dual purpose.
In relation to the plain view doctrine, the levels of search and seizure in the case of the United States v. Carey is one of the cases that make the applicable state of seizure complicated,
Constitutional Rights
6
limited and require additional warrant to seize any conductive or credible information found. As such the plain view means only the record that is visible without moving from screen to screen. Therefore, the act of warrant has to conclusively state probable cause is all records, cyber trails, chip and residual finds on phone if used in commission of crimes and a reasonable suspicion has established this position.
Other acts of how the plain view is applicable come into effect if sighted during a valid stop these tools of crime are enabled to be seized because probable cause is situated and proven and allows arrest. Further the officer must be in a physical position legally and with sight acknowledge that it is a seizable item. Basically, the principle is if the item sighted is illegal and can cause or be a contributor to a crime it is seizable as long as the officer is there in a legal capacity.
During the identification process, two major issues that relate to lineups and others means of pretrial identification is relatively associated with the human memory and the subject’s propensity to remember erroneously pertaining to events and details that possibly did not occur. As such the issue at hand is based upon “original memory” and its formation and ability to be clearly delineated as first consideration of the subject, and second if the subject or suspect is wrongly identified then the consistent pattern would concede to the retaining of the subject identified even though he or she is not the perpetrator.
Basically the unreliability of memories cause a collective pattern of falseness and therefore a weakness in the lineup process. Further the corroboration of a vulnerable memory leads to bias and as thus the re-looking in past causes conflicting of details that mirror
Constitutional Rights
7
misinformation and structuralized imagery mentally and therefore colors the reception as subjects are viewed. Therefore, the credibility and accuracy of lineups are affectively colored by reactions, unconscious discrimination, bias, personal feelings and lastly a question of competence.
With that in mind a lineup involves a victim and witness at a police station trying to identify a suspect from a group of five or more individuals. The prevalent issues related to eye witness identification (lineups, showups, photographic identification has subsequently lead to concerns because of unreliability and that in comparison circumstantial evidence (DNA or fingerprints) are more accurate in identifying suspects or proving guilt. Therefore, comes the rub of unreliability and the need to ensure identification processes are fair and reliable. Lack of guidelines and procedure is another hindering factor and effectively cause an ability to challenge due to low reliability and flawed procedures.
As a consistent parallel the accused has the right to a fair trial protected by the Fifth Amendment, Sixth Amendment, and the 14th Amendment which encompasses ten basic rights, of the ten five are as follows: the right to trial by jury, the right to counsel, the right to due process, the privilege against self-incrimination and the right to a fair and impartial trial. During the process of trial and the adversary exchange of defense and attack, the accused needs legal counsel to understand the intricacies of the legal climate as well as legal exchange and interactions during court. Further due process involves the active state of allowable defense whether for federal or state if charged with a crime or the removal of life, liberty, or property without the aid of law and court, nor shall private property be taken for public use without
Constitutional Rights
8
compensation. Also, the accused has protection of the Fifth Amendment to protect against self-incrimination or the act of being a witness against self.
The other five rights consist of the right to protection against double jeopardy which is defined as being prosecuted again for the same offense by the same jurisdiction, the right to confront witnesses by cross-examination, physically face and be present as witnesses, the right to compulsory process to obtain witnesses in defense and recital of version of facts, the right to a speedy and public trial due to avoid delay, avoid bias and allow public entry and lastly the right to proof of guilt beyond a reasonable doubt to establish a reasonable and established point based on facts, testimony and determination. These additional rights are protected by the Sixth Amendment with the last right protected by Fifth and 14th Amendment.
For example, in the case of United States v. Jones (2012) a warrant was issued to monitor the vehicle by installing a GPS on a vehicle registered in the name of the wife of the defendant, Antoine Jones. The warrant authorized the installation of the device within ten days in the District of Columbia but was installed instead on the eleventh day in the state of Maryland. The vehicle was tracked for twenty-eight days, information gathered allowed an indictment of Jones and others on drug trafficking conspiracy charges. As with the clear note of fairness the Fourth Amendment was violated, first because the warrant timeframe had expired, secondly the GPS was supposed to be installed in the District of Columbia and not Maryland. Because, the Fourth Amendment guarantees protection against unreasonable search and seizure this allowed the accused charges to be dismissed because of a technicality and error. Therefore, in all cases that have ambiguities and lack of clarity the right to question and fight comes as guarantee by the Bill of Rights and constitutional safeguards of Amendments.
References
Carmen, R.V. D. (2014). Criminal Procedure: Law and Practice, 9th Edition. [Strayer University Bookshelf]. Retrieved from https://strayer.vitalsource.com/#/books/9781305840799/
Bell, V., Hemmens, C., & Gerhard, N. (2010). Getting touchy-feely: application of the plain view doctrine to plain touch, plain smell and plain hearing situations by the United States Courts of Appeal and District Courts. Criminal Justice Studies, 23(1), 3-20. doi:10.1080/14786011003634340
Moore, R. (2004). TO VIEW OR NOT TO VIEW: Examining the Plain View Doctrine and Digital Evidence. American Journal Of Criminal Justice, 29(1), 57-73.
Romero, E. (1988). FOURTH AMENDMENT –REQUIRING PROBABLE CAUSE FOR SEARCHES AND SEIZURES UNDER THE PLAIN VIEW DOCTRINE. Journal Of Criminal Law & Criminology, 78(4), 763-791.
Hall, R. J. (1991). FOURTH AMENDMENT –ELIMINATING THE INADVERTENT DISCOVERY REQUIREMENT FOR SEIZURES UNDER THE PLAIN VIEW DOCTRINE. Journal Of Criminal Law & Criminology, 81(4), 819-840.
Tapp, D.A. (2010). SEARCHING AND SEIZING DIGITAL EVIDENCE. Kentucky Law Enforcement Magazine, 9(3), 70-73.
Connelly, L. (2015). CROSS-RACIAL IDENTIFICATIONS: SOLUTIONS TO THE “THEY ALL LOOK ALIKE” EFFECT. Michigan Journal Of Race & Law. 21(1), 125-145.
KANNAN, P. M. (2016). Logic from the Supreme Court that May Recognize Positive Constitutional Rights. University Of Memphis Law Review, 46(3), 637-659.
BUNIN, A. (2016). The Constitutional Right to Counsel at Bail Hearings. Criminal Justice, 31(1), 23-47.
Epstein, R. A. (1992). The indivisibility of liberty under the Bill of Rights. Harvard Journal Of Law & Public Policy, 15(1), 35.
Seo, S. A. (2007). A SHATTERED DREAM. THE AMERICAN LAW INSTITUTE AND THE DRAFTING OF THE INTERNATIONAL BILL OF RIGHTS. Thomas Jefferson Law Review, 30(1), 179-196.
Rubin, P.J. (2003). SQUARE PEGS AND ROUND HOLES SUBSTANTIVE DUE PROCESS, PROCEDURAL DUE PROCESS AND THE BILL OF RIGHTS. Columbia Law Review, 103(4), 833.
Baker Jr., J. S. (1992). The effectiveness of bills of rights. Harvard Journal Of Law & Public Policy, 15(1), 55.
Henderson, S.E., & Sorensen, K. (2013). Search, Seizure, and Immunity: Second-Order Normative Authority and Rights. Criminal Justices Ethics, 32(2), 108-125. doi: 10.1080/0731129X.2013.814850
Yeager, D.B. (1993). SEARCH, SEIZURE AND THE POSITIVE LAW EXPECTATIONS OF PRIVACY OUTSIDE THE FOURTH AMENDMENT. Journal Of Criminal Law & Criminology, 84(2), 249-309.
Kamalu, N.C. (2016). AFRICAN AMERICANS AND RACIAL PROFILING BY U.S. LAW ENFORCEMENT: AN ANALYSIS OF POLICE TRAFFIC STOPS AND SEARCHES OF MOTORISTS IN NEBRASKA, 2002-2007. African Journal Of Criminology & Justice Studies, 9(1), 187-206.
ASSIGNMENT 2
1
Constitutional Rights
Strayer University
Felicia McCaw
Professor Christopher J. Abreau
CRJ325
Online Spring 2017
June 5, 2017
Constitutional Rights
2
The acts of nation and body summarily deals with governmental litigation of the United States commonly referred to as an adversary system. This government structure and American legal tradition inherited from English common law allowed the transference of legal, thought and deed and act from America’s mother country of sweet England. Acting as a sentinel and guider this great mentor has passed the illustrious ability to form a structuralized legal system (adversary playground) to apply justice and right before a neutral administrator whose purpose is to retain the structure, regulate development of issues rendered before court by rivaling opponents of defendant and prosecutor.
As with purpose the source of rights are derivative from the Great Constitution and amendments of verse and right to fairness and the act of legality for a nation and all therein. Therefore, as indeed the need for true fair governance comes the actual structure of the constitution for federal and state with applicable statutes, case law and supportive consistency to retain acts of fairness in applicable states of decision and attendance to court rules of administering the acts and motions in court. As such the United States Constitution is indeed a fidelity to itself and the people in this country. Acting as a safeguard the Bill of Rights which are the first ten amendments to the United States Constitution formed and sealed by the great council to afford minimum rights to individuals facing criminal prosecution in a federal and state setting.
As fidelity to the country exist so does the need for continued autonomy and continued protection of dignity for those even though the substantive due process suffers challenges the true consequence continue to rear its head to indeed challenge the fort and support the doctrine to
Constitutional Rights
3
help it retain its legitimacy and right. With the 14th Amendment acting as protector and right this allows the continued protection through the criminal process and weighs predominantly on the actual protection afforded by this amendment and as such a continued support of the substantive due process. Further the substantive due process is also a complementary preventer in preventing unfairness and the annihilator of adverse legislation by the Supreme Court.
Active in principle and deed the due process clause guarantee a fair process and the liberty it protects and the halting of unjust governmental interference which compromise fundamental rights that pertain to continued liberty, thought and actions. Even with the consideration of poverty, unemployment, and inadequate education as relayed by Judge Fleming and contrasted with immigration of the depression the wave of increased criminal acts of today signify the need for change of point to address modifications of approach as well as consider the deprived states of knowledge, socialization, and erratic states of stability.
As with the states of economic distress also comes waves of increased criminality, despondency and the active despair of a shattered dream and fear of receiving fair justice in a land that promises and swears justice. Consequently, basic human rights are effectively as important as the Bill of Rights whose imperturbable face is turned against injustice and acts of misconduct that would cause expressions of bias, bigotry, prejudice and discrimination. Therefore, the constitutionality of rights worldwide is a pattern of correction and fidelity to stand against increased acts of crime, mayhem and treasonous acts.
Weaved within the 14th Amendment the exclusionary rule acts as a constitutional right to prevent police misconduct and as thus targets conduct deemed by the court as culpable.
Constitutional Rights
4
Deterrence acts as a sole proprietor of the rule as well as remedy for the violation of the Fourth Amendment. Without a remedy there is no chance for correction or a right. Therefore, the Fourth Amendment allows the ability of the United States and officials to be limited and restrained in its power and exercise of authority and in effect secures the people, their persons, houses, papers and all that is theirs against unreasonable searches and seizures under the guise of the law. As such the right to protest with freedom of speech with support of the First Amendment correlates to the Fifth Amendment and the 14th Amendment and continues to support constitutional rights.
With the task of determining a true right or wrong the rule of law in effect fulfills the purpose of determining and establishing no person is above the law and therefore are accountable for his or her actions. As such this principle is tied closely to law enforcement due to the terrorist attack of 9/11 and ensuring police accountability in the United States. Further criminal and civil liabilities are upheld to restrict and hold civil officers accountable for their conduct on and off-duty.
During the process of arrest the four requirements or elements of arrest are inclusive of seizure and detention, intention to arrest, arrest authority and understanding by the individual that he or she is being arrested. As related to all incidental requirements for investigation for arrest relating to complaints, or APBs or visually seen acts of crime the following must be summarily followed. Either actual or constructive seizure is the first element of arrest which places the individual or perk into police custody. Arrests are usually either with a warrant (unseen criminal act) or without if the perk is visually seen committing a criminal act.
Constitutional Rights
5
The intention to arrest is based upon the purpose of taking the perk into police custody and presenting the individual before a judicial officer or to the police station. As the arresting authority this allocates authorization to make the arrest which is valid by a police officer but invalid if proper authorization does not exist. The last element of arrest is when the perk has full knowledge of his or her situation by the conveying of the Miranda rights and removing to the squad car and subsequently to the police station.
As a parallel to arrest the act of search and seizure with a warrant is levied against first the person then actively upon the immediate area whether vehicle or home. Therefore, the act of a true seize is based upon the perception of a reasonable person and on a totality of circumstances. Further acts of search and seizure are governed by the Fourth Amendment without a warrant and are still subjected to the probable cause requirement. Additionally, the right to privacy and the right against unreasonable searches and seizures is an expected right against governmental intrusion and infringement upon basic individual rights.
With or without warrant the plain view doctrine allows the seizure of illegal tools that continue acts of criminality or is a silent accomplice in acts of crime. Therefore, the right to seize, arrest is allowable if visually sighted. As a right hand, the four requirements (probable cause, supporting oath or affirmation, description of the place to be searched and things to be seized, signature of the magistrate) works in harmonious balance with the plain view doctrine because it serves a dual purpose.
In relation to the plain view doctrine, the levels of search and seizure in the case of the United States v. Carey is one of the cases that make the applicable state of seizure complicated,
Constitutional Rights
6
limited and require additional warrant to seize any conductive or credible information found. As such the plain view means only the record that is visible without moving from screen to screen. Therefore, the act of warrant has to conclusively state probable cause is all records, cyber trails, chip and residual finds on phone if used in commission of crimes and a reasonable suspicion has established this position.
Other acts of how the plain view is applicable come into effect if sighted during a valid stop these tools of crime are enabled to be seized because probable cause is situated and proven and allows arrest. Further the officer must be in a physical position legally and with sight acknowledge that it is a seizable item. Basically, the principle is if the item sighted is illegal and can cause or be a contributor to a crime it is seizable as long as the officer is there in a legal capacity.
During the identification process, two major issues that relate to lineups and others means of pretrial identification is relatively associated with the human memory and the subject’s propensity to remember erroneously pertaining to events and details that possibly did not occur. As such the issue at hand is based upon “original memory” and its formation and ability to be clearly delineated as first consideration of the subject, and second if the subject or suspect is wrongly identified then the consistent pattern would concede to the retaining of the subject identified even though he or she is not the perpetrator.
Basically the unreliability of memories cause a collective pattern of falseness and therefore a weakness in the lineup process. Further the corroboration of a vulnerable memory leads to bias and as thus the re-looking in past causes conflicting of details that mirror
Constitutional Rights
7
misinformation and structuralized imagery mentally and therefore colors the reception as subjects are viewed. Therefore, the credibility and accuracy of lineups are affectively colored by reactions, unconscious discrimination, bias, personal feelings and lastly a question of competence.
With that in mind a lineup involves a victim and witness at a police station trying to identify a suspect from a group of five or more individuals. The prevalent issues related to eye witness identification (lineups, showups, photographic identification has subsequently lead to concerns because of unreliability and that in comparison circumstantial evidence (DNA or fingerprints) are more accurate in identifying suspects or proving guilt. Therefore, comes the rub of unreliability and the need to ensure identification processes are fair and reliable. Lack of guidelines and procedure is another hindering factor and effectively cause an ability to challenge due to low reliability and flawed procedures.
As a consistent parallel the accused has the right to a fair trial protected by the Fifth Amendment, Sixth Amendment, and the 14th Amendment which encompasses ten basic rights, of the ten five are as follows: the right to trial by jury, the right to counsel, the right to due process, the privilege against self-incrimination and the right to a fair and impartial trial. During the process of trial and the adversary exchange of defense and attack, the accused needs legal counsel to understand the intricacies of the legal climate as well as legal exchange and interactions during court. Further due process involves the active state of allowable defense whether for federal or state if charged with a crime or the removal of life, liberty, or property without the aid of law and court, nor shall private property be taken for public use without
Constitutional Rights
8
compensation. Also, the accused has protection of the Fifth Amendment to protect against self-incrimination or the act of being a witness against self.
The other five rights consist of the right to protection against double jeopardy which is defined as being prosecuted again for the same offense by the same jurisdiction, the right to confront witnesses by cross-examination, physically face and be present as witnesses, the right to compulsory process to obtain witnesses in defense and recital of version of facts, the right to a speedy and public trial due to avoid delay, avoid bias and allow public entry and lastly the right to proof of guilt beyond a reasonable doubt to establish a reasonable and established point based on facts, testimony and determination. These additional rights are protected by the Sixth Amendment with the last right protected by Fifth and 14th Amendment.
For example, in the case of United States v. Jones (2012) a warrant was issued to monitor the vehicle by installing a GPS on a vehicle registered in the name of the wife of the defendant, Antoine Jones. The warrant authorized the installation of the device within ten days in the District of Columbia but was installed instead on the eleventh day in the state of Maryland. The vehicle was tracked for twenty-eight days, information gathered allowed an indictment of Jones and others on drug trafficking conspiracy charges. As with the clear note of fairness the Fourth Amendment was violated, first because the warrant timeframe had expired, secondly the GPS was supposed to be installed in the District of Columbia and not Maryland. Because, the Fourth Amendment guarantees protection against unreasonable search and seizure this allowed the accused charges to be dismissed because of a technicality and error. Therefore, in all cases that have ambiguities and lack of clarity the right to question and fight comes as guarantee by the Bill of Rights and constitutional safeguards of Amendments.
References
Carmen, R.V. D. (2014). Criminal Procedure: Law and Practice, 9th Edition. [Strayer University Bookshelf]. Retrieved from https://strayer.vitalsource.com/#/books/9781305840799/
Bell, V., Hemmens, C., & Gerhard, N. (2010). Getting touchy-feely: application of the plain view doctrine to plain touch, plain smell and plain hearing situations by the United States Courts of Appeal and District Courts. Criminal Justice Studies, 23(1), 3-20. doi:10.1080/14786011003634340
Moore, R. (2004). TO VIEW OR NOT TO VIEW: Examining the Plain View Doctrine and Digital Evidence. American Journal Of Criminal Justice, 29(1), 57-73.
Romero, E. (1988). FOURTH AMENDMENT –REQUIRING PROBABLE CAUSE FOR SEARCHES AND SEIZURES UNDER THE PLAIN VIEW DOCTRINE. Journal Of Criminal Law & Criminology, 78(4), 763-791.
Hall, R. J. (1991). FOURTH AMENDMENT –ELIMINATING THE INADVERTENT DISCOVERY REQUIREMENT FOR SEIZURES UNDER THE PLAIN VIEW DOCTRINE. Journal Of Criminal Law & Criminology, 81(4), 819-840.
Tapp, D.A. (2010). SEARCHING AND SEIZING DIGITAL EVIDENCE. Kentucky Law Enforcement Magazine, 9(3), 70-73.
Connelly, L. (2015). CROSS-RACIAL IDENTIFICATIONS: SOLUTIONS TO THE “THEY ALL LOOK ALIKE” EFFECT. Michigan Journal Of Race & Law. 21(1), 125-145.
KANNAN, P. M. (2016). Logic from the Supreme Court that May Recognize Positive Constitutional Rights. University Of Memphis Law Review, 46(3), 637-659.
BUNIN, A. (2016). The Constitutional Right to Counsel at Bail Hearings. Criminal Justice, 31(1), 23-47.
Epstein, R. A. (1992). The indivisibility of liberty under the Bill of Rights. Harvard Journal Of Law & Public Policy, 15(1), 35.
Seo, S. A. (2007). A SHATTERED DREAM. THE AMERICAN LAW INSTITUTE AND THE DRAFTING OF THE INTERNATIONAL BILL OF RIGHTS. Thomas Jefferson Law Review, 30(1), 179-196.
Rubin, P.J. (2003). SQUARE PEGS AND ROUND HOLES SUBSTANTIVE DUE PROCESS, PROCEDURAL DUE PROCESS AND THE BILL OF RIGHTS. Columbia Law Review, 103(4), 833.
Baker Jr., J. S. (1992). The effectiveness of bills of rights. Harvard Journal Of Law & Public Policy, 15(1), 55.
Henderson, S.E., & Sorensen, K. (2013). Search, Seizure, and Immunity: Second-Order Normative Authority and Rights. Criminal Justices Ethics, 32(2), 108-125. doi: 10.1080/0731129X.2013.814850
Yeager, D.B. (1993). SEARCH, SEIZURE AND THE POSITIVE LAW EXPECTATIONS OF PRIVACY OUTSIDE THE FOURTH AMENDMENT. Journal Of Criminal Law & Criminology, 84(2), 249-309.
Kamalu, N.C. (2016). AFRICAN AMERICANS AND RACIAL PROFILING BY U.S. LAW ENFORCEMENT: AN ANALYSIS OF POLICE TRAFFIC STOPS AND SEARCHES OF MOTORISTS IN NEBRASKA, 2002-2007. African Journal Of Criminology & Justice Studies, 9(1), 187-206.
CRJ325 - CASE STUDY 3 - CONFESSIONS AND ADMISSIONS AFTER A REQUEST FOR A LAWYER
CONFESSIONS AND ADMISSIONS AFTER A REQUEST FOR A LAWYER
CASE STUDY THREE
1
Confessions and Admissions after a
Request for a Lawyer
Strayer University
Felicia McCaw
Professor Christopher J. Abreau
CRJ325
Online Spring 2017
May 26, 2017
Confessions and Admissions after a
Request for a Lawyer
2
During the trek through the legal jungle and the correct procedure of processing a suspect the summarily purpose is the correct attending to rules, regulations and adherence to details and as such the constitutional rights of suspects and the rights of officers are a primary focus and how the constitutional amendments figure predominantly in the process.
The guarantee to fairness during the interrogation stage is allocated and given by the Fifth Amendment. This Amendment gives protection by affording the right to not self-incriminate, be subjected to double jeopardy and the right to due process, grand jury screening of criminal indictments and compensation for seizures of private property under eminent domain. The Sixth Amendment affords the right to a speedy and public trial by an impartial jury of the state and district where the crime was committed.
With said Amendments acting as protective safeguard the right to counsel is always a given right before the answering of questions that would self-incriminate and depose the accused to a regulatory stage of guilt and incarceration. Therefore, the reading of the Miranda Rights allows the accused to be told his or her rights with acknowledgment of the right to silence. As such the waiving of these rights allows the admissibility of any statements that relay knowledge and actions of participation in a crime to be used against said accused in the case against him or her.
In the manner of the case of shoplifting which are also summarily known as a stage of kleptomanism these acts are done in adverse to legal norms and laws and are acts of war against the market holders and consumers who shop and buy. Even with the active surveillance cameras the acts of war continue which escalates the spur of crime and wrongness of belief that acceptance will follow their belief they are entitled to something for nothing. Further bias is also an attribute that causes the lack of discovery of all shoplifting Trojans whose nature is very predatory and stigmatic. There are several types of strategic glosses that address the levels of shoplifting with the most significant as follows: body gloss,
Confessions and Admissions after a
Request for a Lawyer
3
orientation gloss and circumspection gloss and as such it describes a purposeful state and strategy when doing an offensive act of shoplifting.
Body gloss is described as a way of situating or positioning the body to prevent discovery while in an active state of criminality. Orientation gloss gives the actions done as nolmalcy and does not subsequently cause suspicion. Circumspection gloss deliberately allows the perception of a physical act to be perceived as non-threatening. These universal glosses in relation to the shoplifting journey are indeed an assistant in the establishing of causal effect because each tries to negate and disguise the true intent.
As such the act of shoplifting is a studied act which establishes a stage of premeditation, forethought and deliberacy. With that thought in mind is the evaluation of Officer Jones attendance to duty and the arresting of a shoplifter (suspect). The suspect was apprehended and cuffed after being caught shoplifting and taken to the manager’s office. The manager called the police and Officer Jones arrived twelve minutes later, took a statement from the security guard, viewed the in-store camera film of the shoplifting incident and placed the suspect under arrest, read to the suspect the Miranda Rights or Warning and inquired if he would like to make a statement. After receiving the response of “No, I would like a lawyer.”from the suspect Officer Jones transported the suspect to the local jail to be booked. Five hours later, the suspect was interviewed by a detective and read the Miranda Warning. The detective inquired if the suspect would like to talk. The suspect replied “Yes” and eventually confessed to the crime.
In regard to this scenario, the Edwards Rule would not be applicable due to the nature of a lack of coincidence or similarity. The scenario that helped establish the Edwards Rule (Edwards v. Arizona (1981) ) is summarily different due to the fact that the confession in this case was gained by the suspect gaining knowledge that another suspect had implicated him in a crime. Because he was not granted legal
Confessions and Admissions after a
Request for a Lawyer
4
counsel and subsequently confessed due to an act of deliberate entrapment and misleading of the suspect who did not retain his rights to silence and confessed to the crime.
As with the guarantee of the Fifth Amendment and the right to not self-incriminate the suspect’s rights were violated as an active intimidation tactic and allowed the dismissal of any testimony given that incriminated him in the crime by his confession. Therefore, in this case of Officer Jones and the suspect the protective status of the Edwards Rule would not be suited to this situation. Because the suspect knowingly, intelligently waived his rights to silence with no intimidation or entrapment involved with the waiver explained simply and clearly to relay the consequences of choice. Further the active confession is admissible, with a stance to prosecute due to the free right of choice and also due to fact of evidential proof of the crime committed on camera, witness and secured apprehension by the security guard.
References
Dioso-Villa, R., Julian, R., Kebbell, M., Weathered, L. & Westera, N. (2016). Investigation to Exoneration: A Systemic Review of Wrongful Conviction in Australia. Current Issues in Criminal Justice, 28(2), 157-172.
Matthews, R. (2010). The construction of’So What’ criminology:a realist analysis. Crime, Law & Social Change, 54(2), 125-140. doi:10.1007/s10611-010-9249-2
Lasky, N., Jacques, S., & Fisher, B.S. (2015). Glossing Over Shoplifting: How Thieves Act Normal. Deviant Behavior, 36(4), 293*309. doi:10.1080/01639625.2014.935651
Steffensmeier, D. J., & Terry, R. M. (1973). Deviance and Respectability: An Observational Study of Reactions to Shoplifting. Social Forces, 51(4), 417-426.
Freckelton, I. (2013). The Steal: A Cultural History of Shoplifting by Rachel Shtier. Psychiatry, Psychology & Law, 20(2), 312-314. doi:10.1080/132187719.2013.783767
Waiving Miranda Rights. (n.d.). Retrieved May 25, 2017, from
http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html
Right to silence. (2017, May 20). Retrieved May 25, 2017, from
http://en.wikipedia.org/wiki/Right_to_silence
(n.d.). Retrieved May 25, 2017, from https://www.quimbee.com/keyterms/i-edwards-i-rule
Edwards v. Arizona. (2017, April 12). Retrieved May 25, 2017 from
https://en.wikipedia.org/wiki/Edwards _v._Arizona
Self-incrimination. (2017, May 21). Retrieved May 25, 2017 from
https://en.wikipedia.org/wiki/Self-incrimination
Rewriting the Edwards Rule.(n.d). Retrieved May 25, 2017, from
http://www.policemag.com/channel/patrol/articles/2010/05/rewriting-the-edwards-rule.aspx
CASE STUDY THREE
1
Confessions and Admissions after a
Request for a Lawyer
Strayer University
Felicia McCaw
Professor Christopher J. Abreau
CRJ325
Online Spring 2017
May 26, 2017
Confessions and Admissions after a
Request for a Lawyer
2
During the trek through the legal jungle and the correct procedure of processing a suspect the summarily purpose is the correct attending to rules, regulations and adherence to details and as such the constitutional rights of suspects and the rights of officers are a primary focus and how the constitutional amendments figure predominantly in the process.
The guarantee to fairness during the interrogation stage is allocated and given by the Fifth Amendment. This Amendment gives protection by affording the right to not self-incriminate, be subjected to double jeopardy and the right to due process, grand jury screening of criminal indictments and compensation for seizures of private property under eminent domain. The Sixth Amendment affords the right to a speedy and public trial by an impartial jury of the state and district where the crime was committed.
With said Amendments acting as protective safeguard the right to counsel is always a given right before the answering of questions that would self-incriminate and depose the accused to a regulatory stage of guilt and incarceration. Therefore, the reading of the Miranda Rights allows the accused to be told his or her rights with acknowledgment of the right to silence. As such the waiving of these rights allows the admissibility of any statements that relay knowledge and actions of participation in a crime to be used against said accused in the case against him or her.
In the manner of the case of shoplifting which are also summarily known as a stage of kleptomanism these acts are done in adverse to legal norms and laws and are acts of war against the market holders and consumers who shop and buy. Even with the active surveillance cameras the acts of war continue which escalates the spur of crime and wrongness of belief that acceptance will follow their belief they are entitled to something for nothing. Further bias is also an attribute that causes the lack of discovery of all shoplifting Trojans whose nature is very predatory and stigmatic. There are several types of strategic glosses that address the levels of shoplifting with the most significant as follows: body gloss,
Confessions and Admissions after a
Request for a Lawyer
3
orientation gloss and circumspection gloss and as such it describes a purposeful state and strategy when doing an offensive act of shoplifting.
Body gloss is described as a way of situating or positioning the body to prevent discovery while in an active state of criminality. Orientation gloss gives the actions done as nolmalcy and does not subsequently cause suspicion. Circumspection gloss deliberately allows the perception of a physical act to be perceived as non-threatening. These universal glosses in relation to the shoplifting journey are indeed an assistant in the establishing of causal effect because each tries to negate and disguise the true intent.
As such the act of shoplifting is a studied act which establishes a stage of premeditation, forethought and deliberacy. With that thought in mind is the evaluation of Officer Jones attendance to duty and the arresting of a shoplifter (suspect). The suspect was apprehended and cuffed after being caught shoplifting and taken to the manager’s office. The manager called the police and Officer Jones arrived twelve minutes later, took a statement from the security guard, viewed the in-store camera film of the shoplifting incident and placed the suspect under arrest, read to the suspect the Miranda Rights or Warning and inquired if he would like to make a statement. After receiving the response of “No, I would like a lawyer.”from the suspect Officer Jones transported the suspect to the local jail to be booked. Five hours later, the suspect was interviewed by a detective and read the Miranda Warning. The detective inquired if the suspect would like to talk. The suspect replied “Yes” and eventually confessed to the crime.
In regard to this scenario, the Edwards Rule would not be applicable due to the nature of a lack of coincidence or similarity. The scenario that helped establish the Edwards Rule (Edwards v. Arizona (1981) ) is summarily different due to the fact that the confession in this case was gained by the suspect gaining knowledge that another suspect had implicated him in a crime. Because he was not granted legal
Confessions and Admissions after a
Request for a Lawyer
4
counsel and subsequently confessed due to an act of deliberate entrapment and misleading of the suspect who did not retain his rights to silence and confessed to the crime.
As with the guarantee of the Fifth Amendment and the right to not self-incriminate the suspect’s rights were violated as an active intimidation tactic and allowed the dismissal of any testimony given that incriminated him in the crime by his confession. Therefore, in this case of Officer Jones and the suspect the protective status of the Edwards Rule would not be suited to this situation. Because the suspect knowingly, intelligently waived his rights to silence with no intimidation or entrapment involved with the waiver explained simply and clearly to relay the consequences of choice. Further the active confession is admissible, with a stance to prosecute due to the free right of choice and also due to fact of evidential proof of the crime committed on camera, witness and secured apprehension by the security guard.
References
Dioso-Villa, R., Julian, R., Kebbell, M., Weathered, L. & Westera, N. (2016). Investigation to Exoneration: A Systemic Review of Wrongful Conviction in Australia. Current Issues in Criminal Justice, 28(2), 157-172.
Matthews, R. (2010). The construction of’So What’ criminology:a realist analysis. Crime, Law & Social Change, 54(2), 125-140. doi:10.1007/s10611-010-9249-2
Lasky, N., Jacques, S., & Fisher, B.S. (2015). Glossing Over Shoplifting: How Thieves Act Normal. Deviant Behavior, 36(4), 293*309. doi:10.1080/01639625.2014.935651
Steffensmeier, D. J., & Terry, R. M. (1973). Deviance and Respectability: An Observational Study of Reactions to Shoplifting. Social Forces, 51(4), 417-426.
Freckelton, I. (2013). The Steal: A Cultural History of Shoplifting by Rachel Shtier. Psychiatry, Psychology & Law, 20(2), 312-314. doi:10.1080/132187719.2013.783767
Waiving Miranda Rights. (n.d.). Retrieved May 25, 2017, from
http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html
Right to silence. (2017, May 20). Retrieved May 25, 2017, from
http://en.wikipedia.org/wiki/Right_to_silence
(n.d.). Retrieved May 25, 2017, from https://www.quimbee.com/keyterms/i-edwards-i-rule
Edwards v. Arizona. (2017, April 12). Retrieved May 25, 2017 from
https://en.wikipedia.org/wiki/Edwards _v._Arizona
Self-incrimination. (2017, May 21). Retrieved May 25, 2017 from
https://en.wikipedia.org/wiki/Self-incrimination
Rewriting the Edwards Rule.(n.d). Retrieved May 25, 2017, from
http://www.policemag.com/channel/patrol/articles/2010/05/rewriting-the-edwards-rule.aspx
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