Oregon V Elstad Essays - Miranda Warning, Fellers V. United States

Oregon V Elstad OREGON v ELSTAD 470 U.S. 298, 105 S. Ct. 1285, 84 L.Ed. 2d 222 (1985) MERITS: Officers Burke and McAllister of the Polk County, Oregon Sheriff's office, on the basis of a witness' statement, obtained an arrest warrant for Michael Elstad, who was suspected of burglary. The officers went to Elstad's home and were escorted to his room by his mother. After instructing the respondent to dress and accompany them to the living room, Officer McAllister took Elstad's mother into the kitchen while Officer Burke stayed with the respondent. Without advising Elstad of his Miranda rights, Officer Burke asked him whether he was aware of the officer's reason for wanting to talk with him, and whether he knew Mr. and Mrs. Gross (the victims). Elstad stated that he knew the Grosses, and that he'd heard they'd been burglarized. Burke replied that he thought Elstad was involved in the burglary, and the respondent admitted, Yes, I was there. He was then taken to the Sheriff's office and was subsequently advised of his Miranda rights. Elstad stated that he understood his rights and that he would give a statement, which he did in detail. His confession was read back to him and read by him. Elstad initialed and signed the statement and also added a sentence (After leaving the house Robby and I went back to [the] van and Robby handed me a small bag of grass) to it. Elstad maintained that at no time did the officers make threats or promises to him. He was charged with first degree burglary and opted against a jury trial. Defense immediately moved to suppress both Elstad's initial verbal statement and the signed confession, contending that the initial statement he made at his house to Officer Burke let the cat out of the bag, causing his ensuing written confession to be tainted as fruit of the poisonous tree. The judge excluded the initial statement due to Elstad's not having been informed of his Miranda rights prior to that statement. Elstad's written confession was not excluded, as the judge did not agree that it was in any way tainted. Elstad was found guilty of first-degree burglary. APPELLATE: Oregon State Court of Appeals: Conviction reversed. The State contended that although the initial statement made by the respondent (prior to having been advised of his rights) should be inadmissible, his written confession should be allowed. The Court of Appeals, however, saw both statements as inadmissible, as there was little time between the two statements, and that was not enough time to insulate the latter statement from the effect of what went before ? the cat was sufficiently out of the bag to exert a coercive impact on [respondent's] later admissions. The Oregon Supreme Court declined the State's petition for review. The State then petitioned the U.S. Supreme Court, and certiorari was granted. ISSUE: The question in this case was whether the Self-Incrimination Clause of the Fifth Amendment requires that a confession made by a defendant, after having been advised of his Miranda rights and having waived those rights, should be excluded because of another admission made to officers by that defendant before he had been advised of his rights. ARGUMENT: Reasoning: The Court cited the following cases to illustrate and establish precedence for its reasoning: Wong Sun v. United States: Where it was established that evidence and witnesses discovered as the result of search in violation of the Fourth Amendment is considered fruit of the poisonous tree, and must be excluded. The fruit doctrine also applies to confessions. However, Wong Sun also illustrates that precise and proper advisement of Miranda rights serves to cure the condition that rendered the unwarned statement inadmissible: The warning conveys the relevant information and thereafter the suspect's choice whether to exercise his privilege to remain silent should ordinarily be viewed as an act of free will. (371 U.S. at 486) Brown v Illinois: Illustrates that a procedural Miranda violation differs from Fourth Amendment violation, as the purpose of the Fourth Amendment exclusionary rule is to curb unreasonable search. Harris v New York: The Harris Court rejected the premise that a defendant's inadmissible confession entitles that defendant to ?deny every fact disclosed or discovered as 'fruit' of his confession, free from confrontation with his prior statements. (401

Classic vs. Classical

Classic vs. Classical Classic vs. Classical Classic vs. Classical By Mark Nichol What’s the difference between classic and classical? Both words, befitting their roots in the word class, refer to quality, but the meanings are distinct. Classic and classical, both first attested around the turn of the seventeenth century, derive from the French term classique, a descendant of the Latin word classicus, which (in turn stemming from classis) denoted the first rank of Roman citizens. Classic means â€Å"of recognized value,† or â€Å"enduring† or â€Å"traditional†; the sense is of something that represents a standard of excellence or has a timeless quality. It may also be used to refer to something authentic or typical; in the latter sense, it is sometimes used colloquially to refer to a memorable incident or quote- often an unfortunate one (â€Å"Remember when Joe stumbled into John and Mary’s wedding cake? That was classic!†). Alternatively, it may apply to something of historical or literary significance (as in reference to a classic rivalry between two historical figures). As a noun, it denotes a traditional event or something with a longstanding reputation of high quality. As such, it is often applied to sports events such as the CBS Sports Classic, an annual college-basketball extravaganza. In plural form, it refers to the study of ancient Greek and Roman culture, language, and literature; note that this term is not capitalized. Classical also means â€Å"traditional,† but the sense is more of something authoritative rather than authentic: A scholar of the classics is a classical scholar, not a classic scholar, and a liberal arts curriculum (presumably) results in a classical education, not a classic education. (Likewise, a reference to Greek or Roman civilization in its heyday will describe the place as â€Å"classical Greece† or â€Å"classical Rome.†) The word’s perhaps most frequent application is in the phrase â€Å"classical music,† which refers to compositions for symphonies or chamber-music ensembles in a European-based tradition as distinct from more vernacular forms such as folk music or jazz. One functional distinction between the two words is that although classic can be a noun or an adjective, classical is never used as a noun. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:Fly, Flew, (has) FlownFlied?On Behalf Of vs. In Behalf OfOppose and Opposed To

Brighton Rock Essay Research Paper Brighton Rock

Brighton Rock Essay, Research Paper Brighton Rock # 8211 ; Graham Greene Brighton Rock is a spiritual narrative which begins as a conflict between good ( Ida Arnold ) and evil ( Pinkie ) . This conflict takes topographic point in a resort country South of London called Brighton. Brighton contains all sorts of eating houses, amusements, slums, and higher category countries. One illustration of these slums is Nelson Place ; where Pinkie and his later on to be married woman Rose are from. Nelson Place in my sentiment is what influences Little finger to go a adult male of evil through his tragic young person. Where Little finger grows up under the influence of two atrocious parents, a destitute vicinity, and as a child who is willing to make anything for a better life. Another atrocious influence on Little finger is Mr. Colleoni ; a adult male with a concern imperium, control of his ain powerful rabble every bit good as the constabulary and other governmental governments, and stores in Brighton. This adult male has all that Pinkie wants, and this brings Pinkie to a life of offense and changeless person wickedness. Pinkie has in my sentiment been misguided by Mr. Colleoni # 8217 ; s imperium, and that is why he is merely an evil male child who thinks that holding a life style like Mr. Colleoni will convey him happiness. Pinkie is besides unsighted to the felicity that the descent people like Rose and Ida have because of his ill-conceived life. Pinkie # 8217 ; s evil desire is what causes him to make whatever it takes to acquire this life manner. As shown by his uncontrolled violent death of people such as Hale, and Spicer. Ida Arnold, a individual who thinks of herself as an retaliator every bit good as a savior for the people affected by Pinkie # 8217 ; s evil now comes in to the narrative. Although Ida does non hold complete religion in God ; she has a good bosom. This is why she feels the demand to declare her semi-covert conflict against Pinkie non merely to revenge Hales # 8217 ; slaying, but to deliver all the people who have non yet been affected like Hale, and Spicer from Pinkie # 8217 ; s desire. I besides feel that Ida must hold had a better life as a young person in comparing to Pinkie and that is why there appears to be no understanding from Ida towards Pinkie. Ida besides seems to endure from a sort of sarcasm though ; because when she might have unwittingly been able to salvage Hales life by non go forthing him she went to # 8220 ; wash up and repair her face. # 8221 ; When she came back though he was gone and she neer saw him once more until the funeral. Later in the narrative this sarcasm represents itself agin when she was about to happen out critical informat ion from Cubitt affecting Hales slaying, yet she once more went to # 8220 ; wash up and repair her face, # 8221 ; and when she came back from the bathroom in the Cosmopolitan Cubitt was gone. During this conflict between Ida and Pinkie ( Good and Evil ) Rose a individual who appears to be a alone, guiltless, individual of religion is used as a shield by Pinkie. Rise is such a alone individual that she merely appears to be deceived by Little finger when he gets her to get married him so she can # 8217 ; t be used as a informant against him in tribunal. Yet later on we find out that she wasn # 8217 ; t that guiltless when she reveals to Pinkie in their flat that she new of his atrocious Acts of the Apostless, but married anyhow because she was so lonely, and merely wanted to be loved ( since she excessively came from a broken place like Little finger ) . Rose wants to be loved and hold some type of comrade so severely that she momently turns her back to her religion in God. Now she repeatedly tells Pinkie that he has acquired her religion when she discusses # 8220 ; being damned together. # 8221 ; Rose seems to believe in her religion to Pinkie now, merely as he besides seems to when he repeats invariably after run intoing her that # 8220 ; Rose completes me. # 8221 ; However Roses # 8217 ; religion is tested over and over by Ida who continuously antagonizes Rose about her immorality hubby. Roses # 8217 ; religion to her hubby Pinkie is on a regular basis tested by none other than her ain hubby when he shows that he doesn # 8217 ; t even experience love for by avoiding physical contact ( such as snoging her ) for every bit long as he can. Even the 3rd individual storyteller reveals to the reader at times that Pinkie does non love Rose by uncovering his inner ideas when he is near her. By the terminal of the narrative we can see that Roses # 8217 ; faith in Pinkie is eventually broken when he goes to far and asks her to perpetrate self-destruction. Rise a sort hearted adult female who may hold been able to disregard, or forgive the maltreatment she had received from Little finger, but this clip he went to far. What he asked her to make was perfectly inexcusable, and proved to her every bit good as the reader that he didn # 8217 ; t love her, and had merely been utilizing her all this clip. Therefore it truly wasn # 8217 ; t good that won over immorality, but religion that won over treachery. I say this because it wasn # 8217 ; t Ida who saved Rose from Pinkie ; but Ida saved herself from Little finger when she threw the gun off. Now Rose has besides turned around her once damned life by eventually traveling to confession in an effort to non merely accommodate with God about her error but besides with her ain scruples.

Strategy management Essay Example | Topics and Well Written Essays - 2500 words

Strategy management - Essay Example The company is leading independent oil company in Africa and they have increased the penetration of their operation in the continent by exploring new oil basins in Ghana. Average daily production capacity of the group is 78,300 barrels of oil. Production capacity of Tullow Oil plc has increased by 35% over the last one year while at the same time the company has achieved a profit after tax of $689 million in the year 2011 (Tullow Oil plc, 2013). Industry experts have pointed out that completion of $2.9 billion farm down in Uganda has helped Tullow Oil plc to achieve financial flexibility and inorganic growth. Industry Analysis The study will try to analyze the oil and gas sector of UK in order to analyze the business environment in which Tullow Oil plc is operating. Tullow group is basically a British firm hence it will be feasible to analyze the oil and gas industry dynamics of UK. ... large players who have achieved high degree of vertical integration in the field of oil exploration, oil refining, crude oil production, transportation and marketing. Buyer- seller relationship in the oil and gas industry of the country is flexible because a seller can act as buyer in particular stage of the transaction. There is a complex buyer seller relationship which decreases the buyer power significantly. There are two types of buyers such as individual buyer and institutional buyer in the oil and gas industry of UK. Generally institutional buyers such as chemical companies and independent retailers make large purchases from oil and gas companies hence loosing such a client would impact negatively on the revenue of big companies. Presence of buyers who make large purchases has forced oil and gas companies to customize product offering. Price of undifferentiated product portfolio such as crude oil and gas is dependent on the supply and demand equation created by mercantile excha nge of London, New York and Dubai, which has further decreased the buyer power. Overall the buyer power is assessed as moderate. Supplier Power Companies like Smith International, Schlumberger, Baker Hughes and Halliburton are major suppliers for large oil and gas companies in United Kingdom. Generally oil companies need technical supports such as polycrystalline diamond compact bits, measurement while drilling from suppliers in order to continue the operation (Market Line, 2012b). Supplier power is also dependent on demand and supply equation of the industry hence overall supplier power is assessed as moderate. New Entrants It is very difficult to analyze the threat of new entrant in the industry because there is a possibility that a company can work in one or more section of the value

External and internal pressures Ukrainian art and culture Essay

External and internal pressures Ukrainian art and culture - Essay Example Whatever gains, however, that Ukrainian arts and culture had during that era soon became ineffective when Stalinization and â€Å"russification† was imposed on non-Russian cultures. This implied a suppression of non-Russian culture and the imposition of Russian culture as a guideline for all artistic and cultural activities. With the death of Stalin in 1953 and the subsequent de-Stalinization of Russian policies during the reign of Nikita Khrushchev in the late 1950s, Ukrainian art became free once again. A historical look at Ukrainian art reveals that despite the influences, forced or otherwise, there exists distinct Ukrainian elements that characterize and separate Ukrainian art from other foreign arts and culture. Ukrainian architecture began to take a distinctive shape in the pre-Christian era. Early Ukrainian structures were made of wood. In the 9th to 10th centuries churches, fortifications and even palaces were made of wood (see Fig. 1). Pieces of timber were horizontal ly placed on top of another to form structures and this tradition of construction was continued even up to the 20th century (My Ukraine). When Ukraine embraced Christianity in the 16th century, churches were built in Byzantine style but adopted the traditional and local Ukrainian methods which can be characterized by â€Å"large central nave with almost square plans and a high framework, windows were situated high above the ground, and the buildings were covered with a vault, hipped roof or cupola,† a roofing type in which is conical in shape and sloping and made of wood, brick or stone. These churches can also be characterized by the placement of the altar, which were located on the east with the door in the west or south.

What automation does Essay Example for Free

What automation does Essay Office automation is one of the most important step towards the development of a better operations environment (Endrijjonas, 2005). Automation is considered a sure way to the development of a better operational environment and is often associated with increased productivity. Automating an office alone is not enough in ensuring this as the human aspect and contribution in automation is considerable. It is necessary for humans to intervene in any automated process as machines are created by man and are therefore bound to err. Moreover, the implementation of an automated office environment largely depends on the instruction streams that the system has been programmed with and is thus heavily dependent on the nature of the organizations operations. Automation is seen as a means to ease the work load. The office environment is one of the most tedious environment one can be in. The number of processes required for the functioning of an office make it difficult to implement a manual system. Therefore, an automated system does the same work in an environment that provide multiple functionality and at a speed that no ordinary man can ever achieve. Thus, the workload is managed more efficiently as the accuracy associated with the use of machines is higher than that of a manual system. Moreover, machines are seen as a means to the elimination of repetitive processes, and therefore the available human resource is used optimally. The overall result of the implementation of an automated system is efficiency in the operations process, which lead to optimal performance and thus increased performance which is seen in high throughput. One of the most misunderstood aspect of office automation is that the creation of a new system or tool is mandatory. This is a fallacy as there are instances where a wise selection of the available tools is all that is needed. Moreover, automation may imply the development and improvement of the existing system tools. Advantages Of Building There are several pros associated with building office automation software from scratch. The nature of the organization plays an important part in the determination of the advantage that the organization will accrue as a result of such a decision. Building is defined as coming up with a new system from scratch or from the system that is currently in place. Therefore, building is an initiative that will take place in the organization for a considerable time period and should therefore be monitored well within the organizational context. Economic One of the major consideration that an organization has to make in consideration of the development path in coming up with an automated Helpdesk support system is economic growth (Endrijjonas, 2005). The main aim of any business is making profits so as to engage in developmental and diversification agenda. The economic benefits accrued by the implementation of a system is thus a major consideration in deciding whether to choose or buy. When an organization builds a help desk support system, the organization from the first day of implementation becomes the owner of the system. Therefore, its asset base increases and so does the stability. This trend continues and any additional features added to the system will not only improve the efficiency of the system but also ensure that the organization grows. Therefore, the approach ensures that the organization grows at a level that is sustainable in consideration of its resource base. Furthermore, the need for additional funding, expertise and support from outside sources is eliminated or reduced by building. The needs of organizations may change, and they often do considerably. An important consideration in ensuring the growth of an organization is the effective address of their needs as at the time of occurrence (Grabbe, 2007). Industry and market trends are not the easiest aspect of business to predict as they are influenced by factors that are beyond the control of man. As a result the nature of an organizations need for automation is quite dynamic. A problem of this nature definitely requires a solution that befits, building an automated Helpdesk support system goes in line with dynamism. Building ensures that the system meets its objectives. Learning and development of technical staff is a consideration in development; the IT staff in developing the system get first hand knowledge and experience in developing and thus gain skills which will lead to better delivery by the automated system. Change is an aspect that is not easily accepted not only by humans but also by particles. According to Newton resisting change is normal for any particle, the psychological effect of change causes a general resistance (Kenyon, 2001). Therefore, organizations are often advised to implement changes in a gradual manner so as to ensure that all members of the organization are in line with the changes and thus uniform growth is experienced. Implementing an automated system is a change process and any organization should treat it one. Building an automation software goes in line with this and is thus appropriate is therefore appropriate. This is a very important consideration as the effect of a poorly managed change process on the economic stability of an organization is far much worse and often offsets the benefits and is a situation that any organization should go at any length to avoid. Cultural Organizational culture is cultivated for a number of years. Changing the culture as a means to development takes a number of years (Endrijjonas, 2005). Failure to incorporate the correlation of a strategy to corporate culture and the effect they have on each other is a source of failure of many project. Automation of office Helpdesk services is no exception and therefore all organizations must adopt a positive attitude towards the development of a culture friendly approach.

Advancements in Computers in the Last Ten Years :: Essays Papers

Advancements in Computers in the Last Ten Years Computers date back all the way to 300B.C. with the invention of the abacus. This was a calculating devise to do math and it made the people of that time lives a lot easier. That is what the computers of today do but so much more. I will start at the basics of computers while trying not to boar you. The first real computer that actually made calculations was the ENIAC that was made by the government in 1943. It costed $500,000, weighed over 30 tons, had 19,000 vacuum tubes, and consumed almost 200 kilowatts of electricity (computer chronicles 8). Now we have advanced to laptops that are one inch thick and 15 inches wide and can do a lot more than the ENIAC could. There have been thousands of advancements and new technology in computers in the last ten years but I am only going to skim the tip of the iceberg. In 1990, there were tons of new computers and new software but the big issues were the new processors that were super fast for their time. They could go at speeds up to 33mhz, which is how fast your computer brings things up on the screen. In 1991 Microsoft come out with a version 5.0 MS-DOS mode which gave computers more space to run their programs. Also in 1991, Intel introduced a 50mhz microprocessor, which kill its other 33mhz processor of last year. Then a few months later MIPS Technologies come out with a 100mhz processor which started to make the processor group of the computer a very competitive area to come up with new technology for. In addition Hewlett-Packard Co. made the very first color scanner that could scan whatever you wanted and put it into your hard drive. 1991 was a big year for new technology in computers but that’s not all. Pixar began to work with Walt Disney Company to make a film that was completely computer animated and eventually come up with the movie toy story. In 1992 there were three major changes in computers and the technology. First Microsoft stock reached a record high for a computer stock ever and peaked at $113 a share that year. Next Microsoft shipped its 3.1 version of window and it is a big hit and was the most abundant program on the earth.