Sunday, May 31, 2020
Landmark Supreme Court Cases - Free Essay Example
New Jersey v. T.L.O.        At a New Jersey High School, specifically Piscataway High School, a teacher found two girls smoking cigarettes and proceeded to escort them to the principals office. The first girl admitted to smoking but the second girl, T.L.O., denied smoking anything. The principal eventually searched the girls purse and found cigarettes, marijuana, and a list with the names of fellow students who owed T.L.O. money. T.L.O. was charged with the possession of marijuana but before her trial, she moved to suppress evidence discovered in the search, and was denied by the Court. She was found guilty and sentenced to one year on probation by the Juvenile and Domestic Relations Court of New Jersey, Middlesex County. The defendant appealed to the Superior Court of New Jersey, Appellate Division and they held the original Courts findings. After that, the New Jersey Supreme Court reversed the ruling, saying that the exclusionary rule of the Fourth Amendment applies to searches and seizures conducted by school officials in public schools. Once it reached the Supreme Court of the United States, by a 6 to 3 ruling, ruled that Piscataway High School and the State of New Jersey had met a reasonableness standard for conducting such searches at school because stude nts have a reduced expectation of privacy when in school.        This case was an example of judicial restraint because they upheld the ability of the administration to search and seize with probable cause. There was smoke in the bathroom, and only those two girls were in there. The Piscataway principle had every right to search her bag, it says so in the fourth amendment. Gideon v. Wainwright        Clarence Earl Gideon was charged in the State of Florida for breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida Law. Gideon appeared to court without having an attorney, and in open court, he requested that the judge appoint counsel for him because he could not afford counsel. The judge denied the request because Florida law only allowed appointment of counsel for poor defendants charged with capital offenses. Gideon represented himself, cross-examined witnesses, presented witnesses, argued his innocence, and declined to testify himself. He was found guilty and sentenced to five years in prison. Gideon filed a petition for a writ of habeas corpus in the Florida Supreme Court on the ground that the judge refused to appoint counsel for him, which violated his constitutional rights, but he was denied. He then filed a handwritten petition to the Supreme Court of the United States, and they agreed to hear the cas e. The Supreme Court of the United States unanimously agreed to uphold the Sixth Amendments guarantee of counsel because it is a fundamental right to a fair trial, and this is applied through the Due Process Clause of the Fourteenth Amendment. (USCourts.gov)        The Supreme Court of the United States ruling in this was judicial activism because they overturned a previous ruling, that being the ruling of Betts v. Brady (1942) where they held that the refusal to appoint counsel for an indigent defendant charged with a felony in the state court did not necessarily violate the Due Process Clause of the Fourteenth Amendment. Gideon v. Wainwright was a momentous ruling for the rights of the accused because of the new precedence it had set.        This ruling set a new precedent, guaranteeing that if you cannot afford an attorney, one will be provided for you. Justice Hugo Black, the Justice that wrote the opinion of the Court, said that reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him (USCourts.gov). It made all state laws allowing for counsel not to be provided unconstitutional because they did not follow due process. The Supreme Court overruled Floridas law in this, changing their power for the benefit of the accused. Korematsu v. United States        On February 19, 1942, President F. D. Roosevelt signed an Executive Order authorizing the Secretary of War and the military to remove people of Japanese ancestry from designated military areas and neighboring communities. Eventually this lead to the mass relocation of 120,000 Japanese-Americans and Japanese aliens to internment camps mostly along the West Coast. Fred Korematsu was one of them, a 23 year old Japanese-American. He did not follow the order to leave his home and job. He even went as far to get plastic surgery, changed his name, and said he was of Hawaiian and Spanish ancestry. On May 30, 1942, the Federal Bureau of Investigation arrested Fred Korematsu for not reporting to the internment camp. Korematsu allowed the American Civil Liberties Union to represent him. He was tried in San Francisco, convicted of violating the military orders issued under the Executive Order FDR authorized. He was sentenced to five years on probation, and got sent t o an Assembly Center in San Bruno, CA. Korematsus attorneys appealed the decision to the U.S. Court of Appeals, and they upheld the trial courts decision. He then asked the Supreme Court to hear his case, and they ruled 6-3 in favor that the detention was based on military necessity, and not race. (USCourts.gov)        The Supreme Court, at the time very divided, ruled 6-3 in favor of the lower courts ruling. This ruling was one of judicial restraint because they upheld the implied powers taken from the expressed powers in Articles 1 2 of the Constitution and that the military knew what was best.        This had a great impact on how the United States could act during a time of War. It is allowed in the Constitution for the government to incarcerate an entire group of people with no crimes being committed for the security of the entire people. In the 1980s, the district court ruling cleared Korematsus name on the grounds of the governments legal team suppressing or destroying evidence from intelligence agencies stating that Japanese-Americans posed no military threat. With that being said, the Supreme Court upheld their verdict from 40 years prior; Justice Hugo Black said Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can (USCourts.gov). Mapp v. Ohio        Cleveland Police Officers, without a search warrant, busted their way into Dollree Mapps house looking for a suspected bomber. CPD Officers didnt find a suspect but they did find a trunk of obscene pictures in her basement. She was arrested for possession of the obscene pictures but argued that her fourth amendment rights had been violated by the search. Her appeal finally reached the Supreme Court where they ruled 5-3 in favor of Mapp. They said that evidence seized without a search warrant couldnt be used in criminal prosecutions in state courts. For reference: during this time, evidence seized illegally was banned from federal courts but not from state courts. (USCourts.gov)        The ruling in Mapp v. Ohio was one of judicial activism because they set a new precedent by making all evidence seized unlawfully banned from both state and federal courts. The Fourth Amendment states that ,The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, support by Oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized (U.S. Constitution, Amendment IV). The Supreme Court upheld what is written in the Constitution, but mandated that all state courts follow what the Constitution states because, in this case, Ohio was denying Mapp her civil rights.        This ruling changed the powers that the states had at the time. The Supreme Court, having set this precedent, made any and all evidence obtained without a search warrant or probable cause, illegal at all state courts. Federally, it was already at this precedent. Along with Gideon v. Wainwright, this was a huge ruling for the rights of the accused in the state court systems. Activism v. Restraint        If I were the President, I would want an activist judge. Some of the most important protections we have as citizens have come from cases deemed as being judicial activism such as Brown v. Board of Education, Mapp v. Ohio, and Gideon v. Wainwright. We need certain protections from the government, which are our civil liberties and right. It is crucial to our freedom as we know it, and times change, as should the laws except for the Second Amendment. Works Cited Facts and Case Summary Gideon v. Wainwright. United States Courts, https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-gideon-v-wainwright. Accessed 14 Dec. 2018. Facts and Case Summary Korematsu v. U.S. United States Courts, https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-korematsu-v-us. Accessed 14 Dec. 2018. https://www.oyez.org/cases/1940-1955/323us214. Accessed 14 Dec. 2018. https://www.oyez.org/cases/1960/236. Accessed 14 Dec. 2018. https://www.oyez.org/cases/1962/155. Accessed 14 Dec. 2018. https://www.oyez.org/cases/1983/83-712. Accessed 14 Dec. 2018. Korematsu v. United States. Prezi.Com, https://prezi.com/lsyxlxwmzpo7/korematsu-v-united-states/. Accessed 14 Dec. 2018. Mapp v. Ohio Podcast. United States Courts, https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks/mapp-v-ohio-podcast. Accessed 14 Dec. 2018. New Jersey v. T.L.O. United States Courts, https://www.uscourts.gov/educational-resources/educational-activities/new-jersey-v-tlo. Accessed 14 Dec. 2018.
Wednesday, May 6, 2020
Immigrants From The United States - 2268 Words
Immigrants from all of Latin America come to this country in look of a better life. Enrique came from the Central American country of Honduras. He came to the United States in search of prosperity and money to maintain his family back home. He went through the treacherous journey that is traveling through the jungle and desert in order to achieve his goal. The goal of making it alive to the country of opportunity, America. He found a job at a farm down in California. He was paid well, and made enough to maintain himself and family back in Honduras. 3 months after his arrival, he was caught by border patrol in a sting operation. He was later deported back to his home country. Many immigrants have gone through what Enrique has; it must be heart breaking to have your dreams taken right from you. Some argue that having undocumented immigrants in the United States are a burden to the economy. This is because they use food stamps and other welfare benefits available for American citizens. They use state welfare and state healthcare facilities meant for those who are citizens. Others would also argue that it’s hard to tell if they are here for work or for malicious activities such as gang affiliation. There are others who argue that they drain funds of the educational system. They argue that millions, if not billions are spent trying to teach immigrant children in schools. Many immigrants that come to the United States do not know English or know little. There are also complaintsShow MoreRelatedImmigrants From The United States893 Words  | 4 Pagestheir place of origin and arrive to the United States, in a melting pot of different cultures. Based on the module readings and the documentary, â€Å"Lost in Detention†, immigrant’s experiences many physical and mental damages to their health, which can make their new life in America, a negative, rather than a positive. Immigrants arrive to the country in overall relatively good health (in comparis on to natives) and with a hopeful attitude. After a few years, immigrants began to suffer depression, anxietyRead MoreThe Life Of Immigrants From The United States852 Words  | 4 PagesThe Life of Immigrants Immigrants back home have many reasons to leave their countries, because of the economic situation in the countries. They leave their countries to get a better life. Most of them want to feel democratic and security. Most people leave their counties, because of less jobs opportunities and the governments are unfair to the citizen. People have so many reasons why they leave their countries. Some leave their counties because of religious, and they don’t have freedom ofRead MoreImmigration Essay998 Words  | 4 Pages Nation of Immigrants It is often said that America is a nation of immigrants. Generations have drifted to the United States in hope for opportunity and liberty, and have also helped this country become very wealthy. Many illegal immigrants left their country in hope for a greater life in America. These immigrants have brought their culture to the U.S. They have made a new America by changing economy, work and culture for the better. Immigration to the United States is a complicated analyticalRead MoreImmigration Policy Should Be Reformed1585 Words  | 7 PagesThe United States has people coming in and out of the country every day. Most of these people are welcomed at airports and borders, and most do not intend to stay in the United States. Some of these immigrants are tourists, business visitors, students, and foreign workers. Other arrivals are refugees because they are escaping to better their future or from their countries violence and some are unauthorized or illegal foreigners. Several immigrants enter legally as tourists and then stay in the UnitedRead MoreDeportation Of The United States Essay1527 Words  | 7 PagesDeportation in the United States Immigration has and still a dilemma for the United States. Immigration has shaped the United States as a nation since the first newcomers arrived over 400 years ago. Immigrants contribute deeply to many of the economic, social, and political processes that are foundational to the United States as a nation. Millions of immigrants are deported every year. The ethnicity of immigrants living in the United States come from all around. Mexico has the largest populationRead MoreChinese Exclusion Act Of 18821608 Words  | 7 Pagesthe United States. Americans, however, did not welcome them. During the Panic of 1873, after the Gold Rush ended, competition for jobs became fierce. The jobs were mostly given to Americans. Out of desperation, the Chinese workers agreed to work for less salary than their American counterparts. Consequently, union workers rose up for their rightful jobs. With pressure from unions and anti-Chinese organizations, Congress passed the Chinese Exclusion Act of 1882 , which banned Chinese immigrants fromRead MoreImmigration And The United States1139 Words  | 5 Pagesin the United States. In its simplest form, the term immigration is defined by Oxford Dictionaries as the action of coming to live permanently in a foreign country. For centuries, people from around the world have immigrated to America for many reasons, such as political freedom, religious freedom, refuge and economic opportunity. They leave their countries and travel to America to find opportunities that they were not able to find in their country of origin. A large amount of immigrants residingRead MoreThe Problem Of Illegal Immigration1508 Words  | 7 Pagesplagued the United States for many years. Most people wish to find solutions to help the United States to prevent illegal immigrations. Since the number of illegal immigrants is increasing and there have not been any positive solutions to prevent or reduce this problem, many researchers keep researching for helpful so lutions. Although the United States is basically a country of immigrants, that does not necessarily mean they should accept illegal immigrants. Because illegal immigrants have been increasingRead MoreThe United States Immigration System845 Words  | 4 PagesThe United States immigration system is faulty. The United States does not possess an immigration program that stipulates immigrants who do not already have family in the country or a job to become United States citizens unless they stay for many years with a green card. Consequently, immigrants are entering our country illegally and poverty forces some to commit crimes in order to provide for themselves and their families. There should be a program that will aid immigrants and existing United StatesRead MoreStigmatization Of Immigrants Essay1109 Words  | 5 PagesImagine walking down a dark and dimly lit corridor. The only thing that can be heard is the sound of airplane engines shutting down. As you are walking, the sou nd grows dimmer and the light from the end becomes brighter and brighter, as if it was the sun. At the end of the tunnel there are two signs, one pointing towards security and another pointing towards international security. Once you enter the international security cue, you get the feeling as if everyone is watching. When it is your turn
Tuesday, May 5, 2020
Teabox Case Study free essay sample
Stewards Limited has established TeaBox from September 2004, focusing mainly on the following aspects of social services; cooperation, integration and sharing. So far TeaBox has not been managed efficiently leading to a deficit in its financial reports. However, Stewards Limited has managed to recognize this at an early stage without putting the entire corporation into danger. 2. Introduction 2. 1 Overview To appropriately appraise the financial performance of TeaBox, an understanding of Stewards Limited operating environment would be key to comprehending the impact of its performance for the year 2006. 2. 1 Industry Stewards Limited has been incorporated in 1962 in Honk Kong as charitable organization. TeaBox was established in 2004 as a catering business for a new school in Siu Lik Yuen, Stewards Pooi Kei College and in 2005 established its second branch at Pooi Kei Primary School. 2. 2 Funding Stewards Limited was mainly funded by Hong Kong Council of Social Service and the Community Chest of Honk Kong. When the Honk Kong government changed funding scheme to reform the social welfare sector, Stewards established ARM services and TeaBox to compete for funds by employing people with disabilities through Small Enterprise Project. . 3 Purpose TeaBox serves the purpose for â€Å"Life Education†by giving work and training opportunities to disabled groups, and by also promoting the concept of a healthier life. 2. 4 Structure TeaBox lacks of a formal organizational structure, however the manager of the business is Susan Lee who has helped with the structure of TeaBox and the superintendent in charge is Alfred Ku. ? 3. Findings and Analysis 3. 1 Overview For the financial year ending 31 August 2006 TeaBox suffered a financial loss after one year of running. An overview of the reports would suggest poor management but a further analysis of the business operations and financial statements give a more precise view of the problems that might have caused this deficit. 3. 2 The Idea TeaBox, an innovative idea by Alfred Ku is implemented with the help of Susan Lee. In a business which does not require any additional skills such as marketing, supervision and good communication are the key skills needed to be successfully running. However, employing Susan Lee as the manager put the business in inevitable risk. Given her academic background, Lee has very little knowledge of the managerial responsibilities. 3. 3 Starting the business Responsible for supplying equipment to start the business was Susan Lee. In the stock catalog appears equipment not necessary for the start of the business. Examples of these are the LCD TV set and the digital camera of total cost $14,960. Lee advised the company to purchase unnecessary staff especially when the first year the business was self financed. 3. 4 Communication within the business Stewards Limited emphasizes into creating value and prospects for disabled and disadvantaged groups. However it appears that unwillingly it did not take a stand on matters of ethics and principles by lacking communication between its members. Alfred Ku was only aware that the staff was dissatisfied only when an evaluation was necessary. As a person with his academic background in social work and three years experience within the organization, he overlooked discussing with the employees their opinions and problems about their work. Employees were unsatisfied with their job due to Susan Lee’s behavior towards them. Using her position as the manager of the organization, she became domineering and enforced her privilege to harass and bully employees rather than consulting them. 3. 5 Structure Stewards Limited has a very hierarchical organization structure. On the contrary TeaBox lacks of a certain structure. Besides the two members; Susan Lee and Alfred Ku, it is unclear whether they are reporting to each other or to another member of the business about the performance of the business. The mission of the business is clearly stated to the members of the organization however an understanding of how to achieve it is missing from the business. No predetermined plan is set regarding the tasks of each member. As the director, Alfred Ku does not participate in the supervision of the employees and he is detached from the core activities of the business. 3. 6 Financial Information There is a conflict between the report of Alfred Ku and the financial summary of TeaBox regarding sales of the product. In the reports of Alfred Ku, he suggests that sales are going well however in the financial reports sales are decreasing. Also, the profit margin ratio is 7. 4% , which is relatively low meaning that the business’s profits will become critically risky if sales fall. ? 4. Solutions 4. 1 The Vision TeaBox’ s vision is to help people overcome their disabilities and work in a friendly environment where they can help each other but also provide help to the ones in need. Achieving such vision, it must first be credible to the employees and managers of the organization. This set back in the financial year of 2006 has lost faith in carrying out this vision for every member in the business. 4. 2 Achieving the Vision Starting by defining the vision of the business will add credibility to the ones trying to achieve it. Only then the business will be able to alter its strategy. Alfred Ku, a qualified manager and a strong willed person looking to overcoming this deficit in the financial reports of the business must firstly verify that the financial statements give a true and fair view of the business performance. For this an audit report will be needed. Having an internal audit will provide assurance in the financial statements. 4. 3 Professional assistance It would be inefficient if Alfred would try attempting to recover from such a deficit by himself. Thus, it would be preferable if he would seek advice from within the organization; for example Stewards Limited consultant Helen Tang. This way costs can be minimized and constrained within the organization. 4. 4 Attention to Employees Based on the analysis above, there was a problem regarding the attention given to employees. Additionally they were badly treated which caused a high employee turnover. Dissatisfied employees cause bad reputation to the company therefore extra attendance on employees is highly recommended. This task should be taken over by a person with communicating skills, with critical listening. In such an organization relationships between workforce is fundamental. 4. 5 Funding The business has the option to turn to its funder and explain that there was certain difficulty in the management and utilization of their funds and request for the next payment to be sent out sooner in order to organize the business better for the next financial year. 5. Implementation TeaBox is currently not making any profits however it is not in critical condition. Thus, there is no need for Stewards Limited to shut down the business. However they are in need of a restructure program and new management. It is necessary that the business takes immediate action because bad publicity for TeaBox not only can affect the future of the business but also the future of Stewards Limited. Good publicity is important especially for a non-profit organization depending on funds. Employees put the company in danger if they share their experiences within the business of TeaBox with former manager Susan Lee. Firstly the company must clarify its vision and then begin to make restructuring plans. By knowing exactly what would be ideal for the business, only then can begin to making changes to achieve it. It is preferable for the company that Alfred Ku is in the position of the manager and supervisor of the employees. He has been in the company for many years and he is the most qualified given his training to be emphatic and humanistic when solving various issues. Finally, Stewards Limited has the advantage of being a highly professional organization with many years of experience in the industry. Also, they can sell any items which are unwanted or unnecessary within the company to have money ploughed back into the business. 6. Conclusion TeaBox business has suffered a minor setback in its profits but is expected to upturn with rapid actions and efficient decisions.
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