Earl Warren William Rehnquist

Earl Warren William Rehnquist Earl Warren served as a US chief Justice in the Supreme Court between 1953 and 1969. During his tenure, the Supreme Court is on the record for having used judicial review as a scrutiny tool, which was later used to overturn statutes that had been put in place by either state or federal courts. After overturning the statutes, the Warren Court would then apply the bill of rights in deciding the cases.Advertising We will write a custom essay sample on Earl Warren William Rehnquist specifically for you for only $16.05 $11/page Learn More According to Belknap Warren (2005), the Warren court revolutionized criminal procedure at a time when the justice system in America had taken on a precedent that seemed to favor a few wealthy individuals hence neglecting the poor and less-knowledgeable people in the society. It is under Warren’s reign that the fourth amendment and the Fifth Amendment were for the first time used to extend the rights of individual citize ns and at the same time curtail police powers. Rehnquist on the other hand was nominated as chief Justice by Ronald Reagan in 1986. He served for 11 years, during which some critics note that there was no significant changes in the courts. Notably however, Rehnquist was more conservative and believed that the judiciary should let justice take its course by ‘meddling’ less in cases (Plotz, 1998). Unlike the Warren court however, the Rehnquist court is accused of having weakened the use of Miranda rights in prosecutions, and granting police officers more leeway to conduct searches without obtaining search warrants. Plotz (1998) further accuses Rehnquist of being more conservative on racial crimes. However, he is credited for having presided over major decisions which involved allowing free speech on the web, giving gay people their rights and abortion rights. During his tenure, Rehnquist is said to have ensure that the Supreme Court handled less cases than was previously the case (Plotz, 1998). This paper discusses some of the decision by the two Chief Justices, which impacted the American Justice system and continues to have effect on the same to date. Earl Warren As discussed in the introductory part, the Warren court went down in history as the first court to extend the fourth, fifth and sixth amendments in order to give Americans more rights, while minimizing the powers of the police.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to Kamisar (2005), no other chief justice had a background in law enforcement like Warren having served as a deputy district attorney in the 1920’s, and later as the head of attorney’s office in Alameda County for thirteen years. After that he had been appointed the attorney general in 1939 and served in that capacity until 1942. This suggests that the critics who accused him of failing to grasp the intensity of his courts decisions were wrong. In Gideon v. Wainright, the Warren court ruled that defendants accused of felonies also had the right to state counsel. Prior to this case however, some states had laws that required all accused people (whether charged of capital or non-capital offences) to be provided with counsel. Some states however did not have such a rule and often provided counsel for defendants charged with capital offences. In such states, Kamisar (2005) notes that the sixth amendment was not of much help to defendants. In two later cases (Douglas v California Griffin v Illinois), the Warren Court further stated that every defendant had a right to counsel, and further ruled that those whose cases were in the court of appeal had a right to free transcripts (Bradley, 2005). Warren’s argument for demanding counsel for all defendants was that without proper legal advice and representation, the defendant may be denied other constitutional rights such as pretr ial rights and the requirement for â€Å"proof beyond any reasonable doubt† (Bradley, 2005, p. 429). In Upholding Miranda rights, Warren is quoted as saying â€Å"the abhorrence of society to the use of involuntary confessions turns in part of the deep rooted feeling that the police must obey the law while enforcing the law† (Kamisar, 2005, p. 23). To this end, Warren had urged the law enforcers to uphold fairness when handling people because he believed that handling people politely and intelligently would make them more cooperative towards an investigation. According to Kamisar (2005), analysts observe that the need to streamline law enforcement and civil liberties by chief justice Warren was mainly as a result of his participation and contribution in the criminal justice system where he had earlier worked as an interrogator and also as a prosecutor. His opinion of Miranda for example thought to have borrowed largely from his understanding of the shift of balance bet ween an isolated suspect and competent and well prepared law enforcement authorities. William Rehnquist Rehnquist was more conservative than Warren and though it was expected that he and his predecessor Warren E. Burger would overrule some of the controversial rulings of the Warren court, none of them did. Rehnquist for example upheld Warren’s precedent which indicated that the federal constitutions should be able to guarantee defendants of their fundamental rights during trial (Bradley, 2005).Advertising We will write a custom essay sample on Earl Warren William Rehnquist specifically for you for only $16.05 $11/page Learn More A case in point was Crane v Kentucky, where Rehnquist supported a court decision that had ruled that the defendant had a right to introduce evidence on circumstances that led to his/her confession, if that evidence was intended to show that the confession was not worth believing or using during the court ruling. According to Bradley (2005), the fact that Rehnquist upheld the ruling of the Warren court and even extending court rulings to provide the defendant with basic trial rights, means that he was not the â€Å"knee jerk conservative† that most people thought he would be when dealing with criminal procedure (p. 432). Notably however, it looks like the Warren court was more willing to consider the rights of the defendant against those of the state, something that was not popular in the Rehnquist court. According to Bradley (2005), Rehnquist was always willing to â€Å"weigh the interests if the state in convincing the guilty against the interests if the defendant and to try to reach a conclusion that comforts with his understanding of the constitution† (p. 432). During a ruling in Illinois v Gates, Rehnquist stated that the constitution suggests that judges should be balanced in their judgment rather leaning on one side. As such, the Chief Justice stated that judges should learn to bala nce claims of individual rights as guaranteed in the constitution and should hence refrain from going to both extremes (Upholding individual rights or allowing claims filed by government authorities to be admissible in a trial), saying that the holding a balance between the two is the noblest thing the court can do. While the Warren court was always in favor of the defendant especially in cases where the investigating officers use information obtained regarding the case from the defendant without upholding the defendant’s rights, Rehnquist believed that the exclusionary rule imposed a burden on the same fourth amendment values it sought to protect (Bradley, 2005). In his arguments, Rehnquist states that evidence should not be suppressed during a trial and neither should a ruling be reversed on the basis that evidence used during the trial was not suppressed.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In Dunaway v New York, Rehnquist wrote a dissent against the 6-2 ruling that had stated that picking someone for questioning, was in real sense arresting the person regardless the names or words that police used to describe the same. It had been ruled that such was illegal especially where there was no probable cause. Rehnquist however dissented arguing that though the detainment that occurs during such incidences could be defined as an arrest, the â€Å"arrest† definition should not be applied on all cases including where a suspect accompanies the police for questioning voluntarily. In a 1987 ruling in Colorado v Bertine, the defendant argued that narcotics found in a backpack during a search in his impounded vehicle should be suppressed because the police did not have a warrant to search the contents of the bag and should instead have noted the backpack in the inventory. According to the defendant, the warrantless search of the backpack contravened provisions of the fourth amendment. Making a ruling in this case, Rehnquist stated that the police had conducted the search in good faith and had hence satisfied the provisions of the fourth amendment. Through this ruling, Rehnquist discounted the likelihood that police had violated the rights of the defendant especially because there seemed to be little evidence that police had engaged in misconduct during the search. According to McCall, M McCall, A (2006), however, this was just a case of playing a blind eye to the police conduct especially because policemen were governed by policies that regulated how closed containers should be handled during a search. Effects on Law Enforcement As mentioned elsewhere in this essay, the Warren court was more proactive in upholding civil liberties to the extent that critics accused the court of taking criminal matters too lightly. Among his major critics was Rehnquist who on assuming the Chief Justice office, did nothing much to overrule the warren court rulings as man y would have expected. The effects of decisions of the Supreme Court on law enforcement cannot be understated. Not only were police departments required to come up with policy documents to regulate the conduct of the officers on duty, but the citizenry too became more aware of their rights. Conclusion To date, the Supreme Court borrows from precedents set by the Warren and Rehnquist courts among others on deliberating on issues that come before it. Currently however, the judges have to consider emerging threats such as terrorism and the emergence of wide spread use of technology while deciding on how best to balance civil liberties and law enforcement. The new challenges has given rise to the recent but highly contentious Patriotic Act that was enacted soon after the September 11, 2001 terrorist attack (Gale, 2007). Though initially intended for anti-terrorism intelligence gathering, critics’ state that the Patriotic act has been extended to normal investigations often leadin g law enforcers to ignore the need for search warrant when investigating people and in some cases, outright infringement of a person’s privacy. References Belknap, M.R Warren, E. (2005). The Supreme Court under Earl Warren, 1953-1969. S. Carolina: University of South Carolina Press. Bradley, C. M. (2005). The Rehnquist court in criminal procedure. 425-456. Web. Gale, E. S. (2007). Balancing civil liberties with the need for effective investigation. 1-19. Web. Kamisar, Y. (2005). How Earl Warren’s Twenty-two years in Law enforcement affected his work as chief justice. Ohio State Journal of criminal Law 3(11): 11-33. McCall, M.M. McCall, M. A. (2005). Chief Justice William Rehnquist: His law and order legacy and impact on criminal justice. Akron Law Review 39(323):311-372. Plotz, D. (1998). Chief Justice William Regnquist: Mr. efficiency. Slate. Web.

Bank of America Research Paper Example | Topics and Well Written Essays - 1500 words

Bank of America - Research Paper Example It trades across various asset categories to companies, governments, organizations, and people in the globe and it company more than 150 countries of the globe. This essay seeks to analyze the talent management program that leads to the organizations success, the strengths of the program. It will analyze how they lead to achievement and opportunities for improvement. In addition, the essay will also create two effective approaches to meet the talent management challenges in the future. The talent management program used for the bank’s success was the use executive on-boarding approach. The bank accommodates international and local executives every year. This program is designed to help new executives learn to be facile in navigating the bank’s large matrixes organization. It also helps them in building and leveraging networks of relationships for career success and implementing the company initiatives. The bank utilized a multifaceted approach to establish at the execut ive level and the managements support to the development program of leadership. The development of the bank leadership executive activities include management, selection, on-boarding, performance, executive talent upgrading process, process of experiences development and compensation. The organizations culture promoted by Lewis encourages conduct, trust, teamwork, and accountability at all management levels. The company deeply emphasizes individual performance and believes that today’s performer is not necessarily tomorrow’s performer. To develop an effective on-board program, the firm has created a program that is categorized in to four phases, which includes the selection phase of the program. The company does not only use expertise and experience to select executives but also leadership ability and cultural fit. An executive lacking leadership and interpersonal skills as well as cultural sensitivity is perceived to cause derailments, (Bank of America, 1994). To elim inate this, the company uses partnerships with executive search firms to get the ideal candidates for the positions. The people in the recruitment position must have an understanding of culture and leadership requirement of the bank when called upon to do an executive level research. Job design is also another consideration made in the selection phase, whereby the stakeholders are given clear job specifications before they are given a mandate to conduct the executive research. This allows the hiring executive not to make a blind selection of the new employees. Additionally, the LD partner is vital to the selection phase as he serves as the main talent officer in the process of recruiting and on-boarding. This individual usually has between ten to fifteen years of experience and with a leadership or organizational development background. This experience gives them an increased level of credibility in the eyes of the executive and the stakeholders. After executives have been selected, this is the entry phase and the most critical weeks on a job are the initial weeks on hiring. The new executive is expected to accomplish dour vital outcomes; develop business acumen, learn organizational culture, master the roles of leadership demands and build critical organization relationships. The new executive must be able to learn customer and financial information in regards to his/her new roles. He /he must also set realistic goals

FTIR Lab Report Example | Topics and Well Written Essays - 1250 words

FTIR - Lab Report Example Different bonds in the molecule of these compounds give respective frequencies which are referred to as the wavenumber (Skoog 2007). As the technique developed, it is also now used for quantitative determinations. This experiment aims to provide knowledge in the use of FTIR in qualitative and quantitative applications. Quantitative determination of the xylene isomers is done through linear regression of the peak responses at the respective bands of the xylene isomers. In the experiment, a Perkin Elmer Spectrum One FT-IR Spectrometer was used. Qualitative analysis was done on the first part, and a quantitative test was conducted for the second part where the concentration of an unknown was determined using the known concentrations of m-xylene and p-xylene standards. Qualitative Determination. For the qualitative test, five different materials were scanned; namely polystyrene, polyethylene, polyacetate, cyclohexane and acetone. A background spectrum was first done on the FTIR spectrometer with range from 4000 – 500 cm-1, then the polystyrene was scanned once, then four scans, then sixteen scans. The effect of the number of scans was determined from this step. Five scans each of polyethylene and polyacetate films were done. The parameter was then changed to 4000 – 450 cm-1, then a NaCl liquid cell was placed in the steel frame. Background measurement was again conducted then the cell was filled with cyclohexane. The spectrum of cyclohexane was measured five times. The cell was then cleaned by pushing the liquid out using a syringe and collecting it on a paper towel. The cell was then rinsed with acetone and dried until there was no more detectable contaminant in the spectra. Acetone was then placed in the cell, and its spectra measured five times. Quantitative Determination. Solutions of m-xylene and p-xylene were prepared using cyclohexane as diluent at concentration levels ranging from 0 –

Comments and response Essay Example | Topics and Well Written Essays - 250 words - 1

Comments and response - Essay Example The art of apologizing solves a number of conflicts that can arise from an unintended statement and portrays your respect to other people, which helps things get back to normal. I agree with how challenging it is asking an individual who is always late to keep time. However, apart from taking precaution you take when you are asking the individual to be in time, what makes you that it is challenging in the situation regardless whether the victim violates the schedule or not? Rose I appreciate your priority in other people feelings that have led you to an easy perception of the apologizing scenario. On the other hand, you find it very hard to say no to an individual offering to assist in a project, which I also have, a similar insight. Consequently, how would you reject an offer from someone offering help to your project? That is a very commendable question. The most innocuous way I would ask someone to keep time is by putting myself in his shoes, and then I remark the issue from the positive side of being in time. For example, I would ask you, â€Å"Hi Alicia, yesterday I was also late, and I actually missed a number of important ideas. Tomorrow I will make sure I arrive early and hope you can also try and be on time so that we can gain the best from the beginning†. You are right that the scenario of asking someone to be on time can result to aggressiveness from the victim. Effective Consultations with administration and the victim will definitely be an appropriate strategy to handle the

Hemingways The Handle: Death and Deliverance :: essays research papers

The labyrinthine structure of what is perhaps Hemingway's least-anthologized novella, "The Handle," belies its peremptory dismissal by many critics as a hastily written jumble of vacuous dialogue wrapped around a poorly-contrived plot. "The Handle," a posthumously published novella that Hemingway penned in the frustrated years following his Nobel prize in literature for "The Old Man and the Sea," is the story of a farmer, set in a sleepy fictional province of rural Ohio, whose yearnings for a more transitory lifestyle are offset by a feeling of obligation to the land and the house and the profession of his father, his grandfather, and great-grandfather before him. Although the fields of Joseph Mallort are now little more than barren clumps of rock, tilled for generations until, as Hemingway writes, "the ground finally refused to yield," the farmer continues to plow his dusty, heat-cracked fields, hoping against hope to eek what little sustenance they might still provide. Although one may be tempted to draw the conclusion that Hemingway's barren fields are little more than a thinly-veiled expression of rising self-doubt about the author's own creative abilities that becomes prevalent in Hemingway's later years, to dismiss the story as nothing more than a straightforeward allegory is to do an injustice to its more intriguing thematic elements. Joeseph Mallort is a widower, living alone in the creaky old farmhouse of his father, who awakens in the predawn hours to milk the cows and get the plowing underway before the murderous sun beats down on him. By most afternoons he has succumbed to something that might be diagnosed as mild heat-stroke today, and wanders the fields aimless and slightly confused, murmuring one-sided conversations with his deceased wife, father, gandfather, and the original settler of the farm. Although the dialogue of "The Handle," represents a tenuous structural departure in that all of the secondary characters are either dead ghosts or mild halucinations, it is still chock full of the brisk versimilitude rendered in simple prose that is the hallmark of Heminway's finest passages. After a blight of cow-fever leaves Joseph without the chores of milking and feeding, he digs a mass grave for the cows and buries them under a mound of earth. Several days later, he's walking the perimeter of his fields, mending the barbed-wire fence, when the ghost of his grandfather begins to taunt him for wasting his time on the fence when all the cows are dead.

Paralegals role in the legal system

A paralegal plays a big role in the legal system. Under their supervising attorney they are responsible to perform many tasks. These include interviewing clients and witnesses, investigation facts, conducting discoveries and drafting pleadings and other documents. They are also called upon to perform administrative tasks as well. These may include conflicts checking and the very important Job of time keeping. To be able to perform these tasks effectively and to meet the rigorous demands of deadlines, a paralegal must possess certain skills. Skills common to all paralegals include resourcefulness, commitment, analytical skills, interpersonal skills, communication skills, professionalism, human relations skills, and soft skills. † Thomas F. Goldman & Alice Hart Hughes, Civil Litigation Process and Procedures, 1 5(2nd deed. 2012). Attorneys have the American Bar Association to enforce their ethical behavior, likewise paralegals have their own associations. â€Å"Two major legal a ssistant organizations that provide an ethical code for their members are the National Federation of Paralegal Associations (NAP) and the National Association of Legal Assistants (INLAY' old.At 36. Under no circumstances should a paralegal misrepresent themselves as a lawyer. If they do they are committing the unauthorized practice of law. Ethical guidelines differ from state to state. Conflicts of Interest Is defined as â€Å"situations where the interest or loyalties of the lawyer and client may be or may appear to be adverse of divided. † old. At 36. An example of conflict of interest would be if a lawyer represents the husband In a divorce case then down the road represents the wife in a child custody case against the same former husband. This Is where conflicts checking plays a very Important role.

Globalization and Western Dominated Policies in Africa

Abderrahmane Sissako’s film Bamako (2006) and Homi Bhabha’s essay â€Å"Of Mimicry and Man: The Ambivalence of Colonial Discourse† both explore how the globalization and Western-dominated policies affect the deepest levels of everyday life of ordinary Africans. In his essay Bhabha defines Mimicry as the subordination of the eastern countries on the hands of the ruling classes and the resultant effect of this domination. The thematic similarities between Sissako’s film and Bhabha’s essay go beyond their contemporary post-colonial studies. Homi Bhabha was born and raised in India, got his PHD in England, and is now teaching at Harvard University. Abderrahmane Sissako was born in Mauretania, brought up in Mali and trained as a filmmaker in the Soviet Union. These days he lives in France and travels back to Africa to make films. They both seem to have felt the pain of betrayal that comes by living in a ‘multicultural’ nation, and for that they both can be considered a product of the multicultural processes about which they develop their work. Sissako once said â€Å"Through art you can invent the impossible.† In Bamako he explores this idea of art transmitting a message in terms of globalization. The movie was shoot in a residential neighborhood within Mali’s capital, Bamako. In a series of improbable events the global capitalism itself is put on trial in the most improbable scenario, where the principal scene is that of a trial in which residents are the plaintiff and worldShow MoreRelatedComparing Media Systems : African Background Essay1446 Words   |  6 Pagesbegan to prosper and see the light in Africa once the external pressures of the west diminished post-cold war and after the fall of the Berlin Wall. 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