Search Warrant Exceptions Essay Example | Topics and Well Written Essays - 500 words

Search Warrant Exceptions - Essay Example he US Supreme Court therefore, crafted several legal doctrines incorporated through several cases that guarantee that a person’s confession does not violate his rights enshrined in the Fifth (on self-incrimination) and Sixth Amendment (rights of the accused) of the Constitution (Brown 2001 p 151). To illustrate this, an instance of confession was culled from a leading US daily and discussed how it will likely impact on the concerned individual’s case, once it goes into trial. In the July 18, 2009 issue of The Washington Post, a news article entitled â€Å"Friends Shocked as Man Charged in Wife’s Murder† appeared. It narrated an incident which happened aboard the Carnival Elation cruise ship while it was on its way to Los Angeles after a five-day cruise. A woman was found dead in one of the cabins’ bathroom strangled and with blunt injuries in the head and torso. The FBI which intercepted the cruise ship while at sea was able to draw out a confession from the woman’s husband admitting that it was him who killed his wife using his bare hands. It turned out that the couple, who were married in 2003, was taking the luxurious five-day Mexican cruise to celebrate their 55th birthdays, only a few days apart from each other. The state in the event the case goes to court, should prove that the confession was valid and admissible in court to qualify its use against the husband. According to the book Criminal Investigation: Law and Practice, there are three tests to determine whether such confession is admissible in court: the due process or voluntariness test; the right to counsel test, and; the Fifth Amendment privilege against incrimination test. During the trial, the state must prove that the confession obtained from the husband was given without any coercion whatsoever otherwise the defense has the right to object to its admission and move for its suppression. Coercion here refers to either physical (Brown v Mississippi, 297 US 278 [1936]), emotional or

Chicken Production Case Study Example | Topics and Well Written Essays - 1750 words

Chicken Production - Case Study Example Furthermore, optimizing the design and performance decisive factor for facilities and equipment, as well as set up industry-wide guidelines (i.e., plan principles), will benefit the whole industry by civilizing efficiency of manufacturers (i.e., one design vs. multiple) and plummeting contamination and following product recalls. Leading characteristics of a diversity of classes, breeds and varieties of chickens; essential Mendalian concepts of legacy; the mechanism of qualitative and quantitative legacy; heritability of quantitative traits; objectives of poultry propagation for meat and egg production; systems of breeding plus their meaning; pure breed vs present day hybrid used for meat and egg production; the position of assortment in genetic development; assortment methods; culling and its meaning; factors pressure egg size and work of art; growth and sexual adulthood; ovary, The requirements plus specifications for poultry production buildings depends on which climatic area the production is situated in, and the kind of production. No doubt, day-old chicks from the hatchery are placed in the brooder rings upon influx. According to the expert analysis, broilers that have reached a known size may be given access to the whole barn. Furthermore, broiler chickens are kept in great, complete houses with a bottomless layer of litter (such as sawdust, chopped straw or shredded newspaper) on the floor. The grow-out stage lasts 35 - 45 days before the broilers reach market heaviness and is bring to the slaughterhouse (Parkhurst, C.R. and G.J. 1997). Principles of Building Construction Furthermore, every profitable poultry production is batch based characteristically 42 days or 12 months depending on production. Following each batch the birds are detached, the manure is detached and the buildings are cleaned and clean. Subsequent to a period of time, a latest batch is located in the building. Moreover, the building has routine feeding, watering, temperature control and airing systems. Buildings may be either of course ventilated (air alter due to wind) or automatically ventilated (where air is drawn into the buildings from side to side vents due to a unenthusiastic pressure created by means of wall fans that tire out inside air) Moreover, the production facilities are kept as stopped up units with strict control on access by employees and corporation. No doubt, eggs may be washed prior to sale, make waste water waste matter containing natural matter. Linked infrastructure ordinary to broilers and egg layers includes silos for feed think, manure storage space facilities and containers for deceased birds (Etches, R.J. 1996). Poultry Building Fabric Thermal Analysis To Planning For Reduced Production Costs If we analyzed then we come to know that personified energy varies extremely between poultry

Environmental analysis Essay Example for Free

Environmental analysis Essay Rivalry Competition in the US video rental industry is fierce. There are actually several different segments of players within the industry, like rentals who establish physical store locations and rentals who serve mail-orders, but these different segments are competing to gain the same market share. Blockbuster reveled that the business actually has a small profit margin, due to the high cost of building and equipment maintenance. Furthermore, the movie rental industry has a stagnant market condition, or in simple words, the market does not reveal any meaningful growth within the years. This means the only way to grow is by taking away a piece of competitors’ market share. Thus, competition is s serious issue for Blockbuster because in one hand, the company cannot afford to loose more market share due to its minimum profit margin, and in the other hand, Blockbuster would also need to experience some kind of revenue growth. Ironically, competitors of Blockbuster also possess the same obsession. As a result, price war is the only way to determine which player would lead the market. Unfortunately, most of the players in the industry has already sustain heavy operational and maintenance that they cannot afford to reduce rental prices. In addition, most of these players have also minimum promotion budget because of the small profit margin. Today, competition industry enters a stage where all the players are stagnant in most of its departments (Brem, 2002). Not all movie rental industry can survive in a long term, especially if the industry is online. With the recent tightening in the market, some executive and investor are challenging Blockbuster.com to show some results: higher revenues, more customers, perhaps even a profit. This is should become tough news for Blockbuster. com who have spent most of their money on expensive advertisements, PR campaigns, or websites that look attractive. The full integration of Blockbuster. com online and in-store programs planned for next year will enable them to provide their customers, young and old, with unmatched convenience, service, selection and value. If a customer is in their store and wants to return a movie they rented online, Blockbuster.com will be able to accommodate them. If a member rents primarily in-store, but wants a hard-to-find title Blockbuster. com does not typically carry in store, they will be able to go online and get it. It is a matter of maximizing convenience and choice (â€Å"About Blockbuster. com†, 2006). Blockbuster has not been watching these developments lazily. It has launched its own online rental service in response to the competition, despite the set-up costs and the fact that it could take revenue away from its retail operation. It has also introduced a number of initiatives, such as a part-exchange deal on VHS tapes, and is currently exploring offering an in-store download service. †¢ Buyer Power Due to the stagnant market and the need for huge economies of scale to reach profit, buyers of the video rental industry has quite an influential power. In a nutshell, by choosing to go to which rentals, buyers will determine which one will reach profit within the financial period and which one will fall below targets. The increasing use of Internet becomes the power of buyers that soon force Blockbuster to provide online services. To change itself from a zone of movie rental store into an â€Å"anywhere-anytime† entertainment destination that eventually will enable customers to rent, buy or trade movies and games, new or used, in-store and online, Blockbuster initiatives to continues their accomplishment as the online rental service company (â€Å"Blockbuster goes broadband, streams movies to TV†, 2001). Blockbuster. com becomes the business through information technology (I. T. ) marketing. Because of the online marketing Blockbuster can live and breathe. They can get more competitive, lower their costs, and provide better service through continuous improvement of the I. T. marketing (â€Å"BBI: Profile for BLOCKBUSTER INC. †, 2006). However, as online retail, marketing efforts of Blockbuster. com could be even more effective if they asked the consumer for a dash of personal information. So far, businesses were hoping that personalization technology would serve as the equivalent of a best friend who just happened to have all the same tastes in products and services. More consumers are choosing to rent online, which has no late fees and have the movies mailed to them. It makes Blockbuster. com has increased their membership (â€Å"Blockbuster goes broadband, streams movies to TV†, 2001). The only way for movie-rental stores to continue operations is to rise to the challenge and shift their business model to stay practical. To develop a substantial share of the online rental business by the end of next year, Blockbuster. com is providing rental plan and their practical understanding marketing. It should help Blockbuster. com to be more successful in the next period. Movie distributors and the large chains, such as Blockbuster, Inc.directly negotiate revenue-sharing agreements covering most titles distributed by the upstream (â€Å"BBI: Profile for BLOCKBUSTER INC. †, 2006). Personalization and community features are very important. Blockbuster. com should allow film fans to rate films and write reviews to help inform other users. In addition, Blockbuster. com need to have a management team with bags of expertise, which they believe differentiates us from the competition. †¢ Supplier Power Suppliers of the industry generally have little power over the Blockbuster. The prices of inputs are nearly identical for most suppliers and there is no price discrimination because of the widely available substitutes. †¢ Threats of Substitutes The video rental industry is actually facing quite significant threats from various substitutes. Examples of substitutes are: pay-per-view, video-on-demand, streaming on-line videos, etc. All of these alternatives are delivering the same product in a quite similar quality, which means that they contribute notably to the tension within the video rental industry (‘Videotape Rental’, 2004). Barriers of EntryAnalysis of the industry indicated that Blockbuster is actually enjoying significant level of entry barriers. First, as mentioned earlier, the industry generally has a small profit margin, which means that a huge economic of scale is required to create a profitable business. This is caused by the high operational and maintenance costs, profit sharing agreement with studios, etc. Second, Blockbuster enjoyed a positive image due to its long-time presence and its popularity within the US market. Both of these factors ensured the triumph of Blockbuster against any newcomer. Most of these conditions however, are now becoming obsolete. This is true partly due to the presence of internet. As internet shopping becomes more popular, mail-order rentals like Netflix gain notable attention from the market. In addition, Blockbuster made the mistake of not providing enough copies of popular and recent movies, which ultimately get customers to think of going to alternative rentals. Another factor that reduces the entry barrier is the popularity of DCDs over the old VHS which no longer require negotiating revenue gain agreements with studios (Brem, 2002; Wagner, 2003).

The Great Gatsby Essay

The Great Gatsby Essay Fitzgerald wrote The Great Gatsby as a satire that comments on American ideals in the 1920s. He shows the carelessness of everyone during the time by portraying them in the community of East and West Egg. Fitzgerald conveys two different themes throughout the story. One is the American Dream is corrupted by the desire for wealth and the other is the Attainment of a dream may be less satisfying than the pursuit of it. He uses those themes to show how The Great Gatsby is a satire of American Ideals. The American dream is life should be better and richer and fuller for one. This dream is corrupted between the relationship of Gatsby and daisy. Daisy is the symbol of all that Gatsby strives for; her voice is full of money, as Gatsby describes it. Her voice was full of money-that was the inexhaustible charm that rose and fell in it, the jingle of it, the cymbals song in it (Fitzgerald 120). She can be interpreted as a twentieth-century flapper because she ensnares men with her husky, mysterious voice. Gatsby became so enamored by her voice that he based all of his actions on winning Daisy over. Her voice contains the promise of vast riches. However, Gatsby is too late to realize that money is the only thing her voice promises. There is no compassion in Daisy, just as there is none in cold, hard cash. Daisys dream is corrupted by wealth because she is caught up with Toms wealth and Gatsbys wealth. Daisy and Toms marriage is further proof of the collapse of the American dream. Although they belong to the West Egg social group and have extreme wealth, they are unhappy. Tom is first described as one of those men who reach such an acute limited excellence at twenty-one that everything afterwards savours of anti-climax (Fitzgerald 6). Tom and Daisy are both in unsatisfied with life and are searching for something better. They have traveled to France and drifted here and there unrest fully wherever people were rich and played polo together (Fitzgerald 6). They are unhappy and bored with life. Tom seems to be searching for the excitement that he found in playing football in college, and he finds an outlet for his dissatisfaction by cheating on his wife with Myrtle. Once again, Gatsby does not see that attaining wealth and power does not equal happiness. The Buchanans marriage is full of lies and infidelities, yet they are united through their corruption. After Tom has discovered Daisys infidelity and Myrtle has been killed, their callous selfishness is revealed when they are reunited over fried chicken and two bottles of ale (Fitzgerald 145). They instinctively seek out each other because each recognizes the others strength in the corrupt spiritual element they inhabit. After Myrtle and Gatsby are both killed, neither one of the Buchanans sends their regards or seem remorseful. In fact, they go on a short vacation, which is an indication of the lack of compassion they have toward others. There was no love for anyone. All people cared about was wealth and parties. Nick perceives Tom and Daisy as they really are, heartless and careless. They smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made (Fitzgerald 179). Tom and Daisys actions are an indication of the detrimental and emotionally numbing effects that wealth can have on someone. They focus too much on appearance and things of monetary value, while ignoring peoples feelings and lives. Jordan Bakers plans are also negatively impacted by the corruptive qualities of wealth. Although Nick is attracted to Jordans bored, jaunty, careless air at first, he finally understands that it conveys her profound disregard for other peoples feelings. Jordan supports Daisy having an affair, because Daisy ought to have something in her life (Fitzgerald 79). She sees Gatsby as something, not someone. Jordan also has a reputation for being dishonest and for being a gossip. She was involved in a golf tournament scandal in which she was accused of moving her golf ball to her advantage. Jordan belongs to the East Egg social group because of her careless, dishonest ways. She serves as a hint as to the true nature of the people from East Egg. Jordan may also be an indication of the types of people that Gatsby entertains, since she attends his parties. She is similar to many of his partygoers in that she exploits his hospitality yet never shows any genuine kindness toward him. It is very te lling that Gatsbys house is full of people throughout the entire summer, yet when Gatsby dies, no one attends his funeral except Nick and Gatsbys father. The shallow acquaintances of Gatsby were never his true friends-the only used him for his lavish generosity. The countless people who attend his parties, ride on his hydroplane and in his car, and drink his alcohol are nowhere to be seen when the time comes to pay their respects for him. The theme of the pursuit of a dream is more satisfying than attaining the dream itself repeats itself throughout the book. Gatsbys dream was to get Daisy. We see this repetition of a green light though out the story. Every time Gatsby looked at Daisys house Fitzgerald mentioned the green light. Fitzgerald compares Gatsbys green light to the green breast of the new world (Fitzgerald 180), comparing Gatsbys dream of rediscovering Daisy to the explorers discovery of America and the promise of a new continent. However, Gatsbys dream is tarnished by his material possessions, much like America is now with our obsession with wealth. Gatsby wanted nothing less of Daisy than that she should go to tom and say: I never loved you (Fitzgerald 109). Gatsby tried and tried to get Daisy to think she never loved Tom but the truth was that she did love him. The pursuit of the dream was more satisfying for Gatsby than actually attaining it. He threw parties just to hope she would come and he would be a ble to see him. He became rich so he could impress her with nice things. If Gatsby truly got Daisys heart they would end up doing the same thing as Tom and she normally do. In the end they will have the same dinner fried chickenà ¢Ã¢â€š ¬Ã‚ ¦and two bottles of ale (Fitzgerald 145) and it would get old and then they would end up having an affair with other people around town like nothing ever changed. On the surface, Fitzgeralds novel may appear to be just a shallow novel about the jazz, parties, and glitz that he experienced in the early twentieth century. After closer examination, however, it is apparent that The Great Gatsby is a profound social commentary on the corrupt and disillusioning effects that materialism can have on members of society. We also learn that in the end attaining your dream is not as fun as trying to get it. Fitzgerald did write a satire that showed the ideals of the 1820s.

Sustainable Agriculture Essay -- Research Paper Ranching Farming Paper

Sustainable Agriculture Agriculture has been a fundamental component of human societies for centuries. It is so fundamental in fact that it is often forgotten by those dependent on its products, but not directly involved in the production. As we enter the 21st century, agriculture is beginning to receive more attention from the general public as the implications of farming are realized and the problem of potential world wide food shortage is addressed. With the future in focus, much of agricultural establishment uses words like biotech, and high-tech to describe their goals for U.S. agriculture. With few exceptions, traditional agriculturalists see a continuing trend of industrial agricultural practices that continue to drive production to fewer, larger, and more specialized production units which are virtually responsible for all stages of the production globally. This increased specialization is dependent on new biological technologies and information technologies at all levels from farms on which the foo d is produced to the markets where it is distributed. While these forecasts are legitimate, a growing number of agriculturalists, concerned public, and educators envision a very different future for agriculture. Such a view is represented in the writings of John E. Ikerd, an agricultural economist and Professor Emeritus at the University of Missouri. In his paper, "Sustainable Agriculture: a necessary alternative to industrial agriculture", Ikerd questions whether the guiding trends of agriculture in the past hundred years can continue to be the guiding force of agriculture. He argues the while the tools of the "high-tech" future may be different from the tools of the industrial age, the objectives to specialize, mechan... ...l>. --- "Sustainable Agriculture: A Positive Alternative to Industrial Agriculture" 7 December, 1996. October 4, 2002 <http://www.ssu.missouri.edu/faculty/jikerd/papers/ks-hrtld.htm>. --- "Rethinking the Role of Agriculture in the Future of Rural Communities" 25, January 2002. October 4, 2002. <http://www.ssu.missouri.edu/faculty/JIkerd/papers/YaleRural%20Studies.html>. Pretty, Jules N. Regenerating Agriculture: Policies and Practice for Sustainability and Self-reliance. Washington, D.C.: Joseph Henry Press, 1995. --- "Supporting Policies and Practice." Facilitating Sustainable Agriculture. ed. N. G. Roling and M.A.E. Wagemakers. Cambridge: Cambridge University Press. 1998. USDA Press Release. "Fitting Farming Practices to Minimize Water Pollutionà ¤ 17 November 2000. November 10, 2002 <http://www.pestlaw.com/x/press/2000/USDA-20001117A.html>.

Educating Prisoners - An Unnecessary Effort Essay -- Education Prison

Educating Prisoners – An Unnecessary Effort   Ã‚  Ã‚  Ã‚  Ã‚  Crime knows no bound, no race, no social status, no gender. In prisons, all criminals are criminals, whether they have committed felony, rape or assault. White-collar crimes are the same as any other crime. Still, most inmates are from the middle class and lower class of our society. However, committing crime, and what kind of crime, is still the choice of the person, whether he has attained a formal education, a higher degree of learning or not. Still the fact remains that the scope of understanding and the extent of knowledge of white-collar crimes, being more complicated by systems and networks, require some kind of formal education, if not an extensive one. This does not mean that educated people only commit white-collar crimes. It only proves education does not mean absence of criminal behavior. This is used to point out the argument that educating prisoners makes them smarter criminals. As they learn new ideas, concepts and theories, and how to apply their learning, educated prisoners can become intelligent criminals. Many victim rights groups view educating criminals as ignoring the victims. Security should be the top priority in correctional institutions. Education is a key to productivity, a key to a more prosperous life. Applying education in crime results in the disruption of the society. And educating prisoners does not mean productivity and a more prosperous life for them because they remain behind bars. Germanotta (110-112) presented phases that a prisoner student passes through. The first phase is the acceptance of prison education as any other jail program like the maintenance of the institution and the recreation program. Inmates may consider prison education as an addition to their recreation program or just a break from the stressful confines of the prison cell. Anyhow, the reasons don’t coincide with the purpose of education, everything is entirely for their own practical and personal reasons not in connection with the function of education. The next phase is the realization of the purpose of education, of learning. This disengages themselves from thoughts of their alienation and they discover social formations and social reality. The prisoner student, thus, begins to have a transformation of point of views and opinions, of himself. He learns and he inspires himself to learn more. ... ...rtainty and reluctance, the professors teaching in the jail institution keep up prison education. They see correctional education as â€Å"vital in reducing the human suffering that breeds crime† (LoPinto). Advocates of prison education also defends this by saying education improves the self-concept of the inmate, thus, producing a productive person whether he is inside bars or not. Mogan justifies that prison education provides the prisoner relevant skills that would help him get back on his feet when he is released from the prison. He argues that educated inmates, when released, are â€Å"more apt to earn incomes above the poverty level† (Mogan) and they become more industrious and free of laziness and hatred. Works Cited Germanotta, Dante. â€Å"Prison Education: A Contextual Analysis.† Davidson 103-121. Thomas, Jim. â€Å"The Ironies of Prison Education.† Davidson 25-48. Davidson, Howard ed. Schooling in a â€Å"Total Institution:† Critical Perspectives on Prison Education. Ed. Howard Davidson. USA: Bergin & Garvey, 1995. Mogan, Rick. â€Å"In Defense of Prison Education.† The Touchstone. Vol.X, No.4 (2000). LoPinto, Bernard. â€Å"Prison Education.† About. 2005. Primedia Co. March 17, 2005

“Give me a stand point and I will move the earth” Archimedes Essay

Feminists are of the opinion that women in this world have been neglected by history and men through out the ages and liberating them would be synonymous with giving them a stand point to move the world. Klues looks to the pioneers of female research in antiquity whose glimpsing women history through a record from which the female sex has been excised for millennial by patriarchal bias, must have been like constructing a house out of the space between the slats of a fence. Further Klues considers that assiduous and objective scholarship produced an unassailable picture of the role of women in classical Athens, a picture now almost universally accepted, in which domination of male over female is there seen as complete and crushing. Only one wave of classical scholarship, obviously by anthropology, looks to male-female relationship as a significant determinant in Athenian society, as in any other: an ingredient of total culture no less fundamental than its economy or its religion or its political structure. More authors have argued that women did not have a place in history. However, Hasel making reference to Pauline Schmitt –Pantel makes a note worthy reminder of Greek philosophers works such as Aristotle and Plato that made relation to different sexes. A similar reference is made about the Greek cosmologies meaning that women have always had such a place. Hasel has therefore put forth a vivid conclusion. â€Å"The image of the Topos then might not hold much because it is based on seclusion of women in antiquity which may not be the case. † The portraits of Lipia as discussed in Bartman had an effect in creating a stronger imperial Rome. Though there are undertones of their use in propaganda and other political machinations and maneuvers, Bartman note that they were sculpted in the spirit of compromise which he refers as ‘give and take’ between the sculptor and the sponsor. Scott say that there was a moment not all that ago, when feminists thought gender to be an invincible barrier against biology. The sex/ gender distinction would analytically separate the physical body from the social body; it would then no longer be conceivable that anatomy was destiny. Though women might be viewed as ‘non- actors’ thus acting in the realms of those who built and wielded political power to which they were subject to had a private life which of course influences public life. In the words of Scott, those absent from official account none the less partook in the making of history; those who are silent speak eloquently about meaning of power. This reawakening Scott notes has brought about congruence in thought between political historians and writers penning ‘her story’. It has also brought about to the way changes occurred in law, politics and symbolic presentations. A further implication Scott explains is that there are social explanations rather than biological and characterological to the different behavior of men and women and their unequal positions. The feminists are thus challenged in this argument for neglecting female agency by diminishing the historical importance of personal life encapsulated in its three elements- family, sexuality and sociability. Thus irrespective of what feminists think women have always had the stand point and have moved the world as much. Reference Bartman ‘Portraits Of Livia Joan W. Scott, (1988) Gender and the Politics of History (New York 1988) 15-50. Joan W. Scott, `Millenial Fantasies`. The Future of Gender in the 21st Century`, in: Claudia Honegger – Caroline Arni (eds. ), Gender. Die Tucken einer Kategorie (Zurich 2001) 19-37 Wagner Hasel (1989)Women’s life in oriental seclusion? On history and and use of Topos. Pauline Schmitt –Pantel (1992) â€Å"Greek thought on the position of women resolved†. Pg 79.