Category: Law 2955

Business tort cases may take various forms, but all of them are rather severe and challenging for an organization. The outcome of any of them can have a serious impact on the future and success of a company. For all business owners, such cases are a significant and severe threat that everyone tries to escape or eliminate as soon as possible. If a company finds itself in this situation, it is of vital importance to immediately and carefully go over its options and plan the most beneficial and sensible direction forward (Business tort litigation, n.d.). Some tort cases happened many decades ago but are still remembered by people and serve as a good model for business owners. The purpose of this paper is to discuss in detail one of such cases, provide its background and outcome, and describe what has happened, the participants, and circumstances.

The McDonalds hot coffee case is one of the most famous American tort cases that is still being discussed and analyzed. The parties involved in this case were seventy-nine-year-old Stella Liebeck and the McDonalds company. This happened in 1992 when Liebeck bought a cup of takeout coffee at a McDonalds drive-thru in Albuquerque and spilled it on her lap (The McDonalds hot coffee case, n.d., para. 1). In less than four seconds, the spilled fluid caused third-degree burns and sent the woman to a hospital, where she has spent about a week. Sixteen percent of her body, including her genitals and inner thighs, was damaged, and the skin was burned away to the layers of fatty tissue and muscle. The problem was that the coffee from McDonalds was between 180 and 190 degrees (The McDonalds hot coffee case, n.d.). Despite the fact that over seven hundred people were also damaged by a spilled beverage bought from McDonalds, and coffee served by other companies was thirty to forty degrees colder, the company continued refusing to change its policy.

Mrs. Liebeck spent a significant amount of money on her treatment. She offered the company to settle the case for $20,000 so that she could cover her lost income and medical expenses (Burtka, n.d.). However, McDonalds refused to pay the woman; the restaurant insisted that it was only Mrs. Liebecks guilt, and their coffee was of average temperature. When the company offered no more than $800, the woman decided to go to court.

The judge supported Mrs. Liebeck and was upset by McDonalds unwillingness to change its policy. According to researchers, the jury found Mrs. Liebeck to be partially at fault for her injuries, reducing the compensation for her injuries accordingly (The McDonalds hot coffee case, n.d., para. 6). Moreover, the court ordered the company to award Liebeck the equivalent of two-day coffee sales revenue and consider changing the temperature of the coffee they serve.

This tort case has a rather significant influence on businesses in general. It proves the importance of adjusting companies policies according to the needs and desires of their customers. This is especially crucial when it comes to the health and safety of visitors. The reluctance of organizations to change their policies even when some rules result in people getting damaged can lead to adverse consequences. The particular organization that may be influenced by this case is Burger King because sometimes it serves coffee at between 180 and 190 degrees. Since such temperature is rather dangerous for people and may cause severe damages, the restaurant should consider changing its policy before someone gets hurt and goes to toe court.

References

Burtka, A. T. (n.d.). Liebeck v. McDonalds: The hot coffee case. American Museum of Tort Law.

Business tort litigation. (n.d.). Business Trial Group.

The McDonalds hot coffee case. (n.d.). Consumer Attorneys of California.

Introduction

To begin with, it is necessary to mention the fact that the work by Judge Kim Wardlaw is featured by professionalism, high qualification, and justice. Originally, by the time she had become the first Hispanic woman in the US judicial system of the Court of Appeals, she clearly knew how to break barriers and how to achieve the setup aim in the judging (and not only) process. On the one hand, such an approach to work seems to be full of partisanship and the wish to act effectively with maximum victims from the opposite side. However, it should be emphasized that her work requires thorough analysis, as it entails the features of several divisions.

She was born in 1954 and has Mexican Scottish and Irish blood mixed. Her temperament helped her throughout her life, and graduation from the University of California is more of an ambition than a necessity. She graduated summa cum laude from UCLA with a Bachelor of Arts in Communication. She was elected to the Phi Beta Kappa Society. (Burgess, 1999) This only emphasizes her aspiration towards reaching the top.

From Dr. Greens position, she may be attributed to the Mainline Protestants category, as it is the category of those who are internally diverse, including traditionalists, centrists, and modernists.

Career Analysis

Judge Kim Wardlaw started her career as a clerk in the United States District Court for the Central District of California, under Honorable William P. Grays supervision. There she showed her high professiona level and the wish to improve her skills. Consequently, after that job she had an opportunity to start her private practice, which she had successfully used, and was employed as a partner at the international legislative company OMelveny & Myers. This is the feature of protestants, as they are diplomatic, concentrated, and aspirated, consequently, they are able to reach any location and get any job. Kim Wardlaw was engaged in the business litigation sphere and was also specialized in intellectual property and media defense law.

While working for OMelveny & Myers she became involved in the issues of local and national politics. She was working with William J. Clinton during his presidential campaign of 1991-1992, and later she was engaged into the Clinton-Gore Presidential Transition Team working with the United States Department of Justice.

Starting from 1993 Kim Wardlaw, as a judge served for the Executive Committee on Debate Preparation for the Riordan for Mayer Campaign. After Richard Riordans success in the Mayor elections, she was requested for the work at Riordans Government Liaison during the mayoral transition.

In 1995 President Clinton appointed Judge Wardlaw to the United States District Court for the Central District of California. Three years later she was appointed to the United States Court of Appeals for the Ninth Circuit. Upon her confirmation by the United States Senate in that same year, Judge Wardlaw became the first Hispanic woman appointed to any United States Court of Appeals. (Jackson, 2006).

Throughout her entire career, Judge Wardlaw participated in numerous civic organizations and is regarded among the most active partakers. She was appointed for several ranks in the Women Lawyers Public Action Grant Foundation, the Association of Business Trial Lawyers, the National Organization for Women, the Los Angeles County Bar Association, and the UCLA Center for Communication Policy. (Merritt, 2004) This represents her as the active partaker in the civil rights movement and as the active and professional democracy and justice distributor. She was deeply involved in the Mexican-American Bar Association of Los Angeles, Women Lawyers Association of Los Angeles, the Organization of Women Executives, Downtown Women Partners, the Chancery Club of Los Angeles, and the Los Angeles Music Center, and this is not the complete list of all her engagements. (Tushnet, 1999) Such variety of interests and active living positions may be attributed only to the modernist Protestants, as they are active, always aim to place the central rank and actively defend their point of view.

Before the appointment for the bench, she positioned herself as the author of numerous articles and comments on the civil processes and the issues linked with civil rights, human dignity, and intellectual property. One of her comments is entitled Access to State-Owned Communications Media  The Public Forum Doctrine (Schmidhauser, 2001). Levinson (2002) emphasizes that it was written for the University of California Law Review, which was intended for young law practitioners and law students. Thus, she is actively interested in the increase of the young specialists and does everything possible in order to get them interested in the issues she is engaged in.

Jeffries (2004) states the following: Judge Wardlaws distinguished judicial career, scholarly work, and community activities have not gone unnoticed. She was named in California Law Business as One of Top 25 Lawyers Under Age 45 in 1993 and was named in the Los Angeles Business Journal as one of One of 100 Most Prominent Business Attorneys in Los Angeles County in 1995. She received the Buddy Award from the National Organization for Women in 1995 and in 2000 received an honorary doctor of humane letters degree from St. Marys College. Originally, these facts position her as Jewish (from Greens point of view) as they were kept as a separate category because of their distinctive politics; similarly, Judge Wardlaw differs from all the other judges. Nevertheless, she still keeps the features of Mainline Protestants, as her activity is traditional, centrist, and modernist.

Currently, Judge Wardlaw goes on serving as the active judge on the United States Court of Appeals for the Ninth Circuit. She is specialized in the issues of media defense, intellectual property, and human rights. She is an active researcher of the new trends of these issues, however, despite the deep research and the extended practice she noticed that the extent to which the Fourth Amendment provides protection for the contents of electronic communications in the Internet Age is an open question (Wardlaw in Jackson, 2006). Originally this may be regarded as another feature, which attributes her to Mainline Protestantism, as she does not close the question up, and gives an opportunity for the others to make a contribution additionally to her researches and experience.

Cases

Personal Rights and Criminal Justice

The analysis of the cases which she regarded as a judge must help to make the final decision on the issue, whether she may be attributed to Protestants, and features of what other religious categories according to Dr. Green she has.

The first case study relates to the issues of Criminal Justice. The case of a 13-year-old Arizona girl was regarded in January 2009. The Supreme Court agreed that her constitutional rights were violated when school officials strip-searched her for prescription-strength ibuprofen. (Palmer, 2009). The court also considered whether the school executive who allowed this search is guilty of damages, however, this consideration may be regarded as unconstitutional. Anyway, the principle of using any means for reaching success and finding the truth can not be used extensively, especially if these means are associated with the violation of someones rights, consequently, it exceeds the frames of Mainline Protestantism, and may be regarded as the manifestation of Jewish features, with mixed Unaffiliated group.

Regarding this case, it was also emphasized that the 9th U.S. Circuit Court of Appeals in San Francisco ruled 8-3 in favor of Savana Redding, of Safford, Arizona, who was strip-searched, and this search was grounded on a classmates not confirmed accusation that she was concealing the prescription-strength ibuprofen remedy. (Palmer, 2009).

Judge Kim Wardlaw, in her turn, claimed that the school officials were acting contrary to all reasonable norms and common sense as they ignored her legal and personal interests as well as her constitutional rights of privacy and security of her person. She emphasized, that the tip from the informant could not be regarded as reliable, especially taking into account that the girl had never been mentioned taking such remedies before, consequently, her claims on the matters of unconstitutionality appear to be firmly grounded and reasonable. Wardlaw also emphasized that school officials essentially exaggerated the situation by searching for nothing more than a prescription-strength generic of ibuprofen  a pain killer that is generally sold free in smaller doses. Officials were sure that this girl was attempting to sell the drugs to other students, and could have concealed pills underneath her clothes, so they kept her in the office and forced her to remove the clothes, instead of sending her home, as she felt sick. Surely, such behavior was regarded as a violation of personal freedom safety, and dignity, and the officials could be accused of unconstitutional behavior. We reject Saffords efforts to lump together these run-of-the-mill anti-inflammatory pills with the evocative term prescription drugs, in a knowing effort to shield an imprudent strip search of a young girl behind a larger war against drugs,  Judge Wardlaw emphasized.

Homosexuality and Right for Privacy

The problem of this case was stated during the security mania which started after the 9/11 events. Presidential Directive No. 12 by the Department of Homeland Security claimed that a uniform badge should be used by employees to gain access to government facilities. Most agencies allowed this directive to become a dead letter, as it is too complex and rather expensive for implementation. NASA Administrator Michael Griffin expressed deep dissatisfaction with this directive, as it meant unrestricted and allover access to the personal lives of the scientist workers. This directive has become the price for most Americans for keeping their jobs, while special forces were given all over permission to spy and collect every gossip, which originally violate the dignity of the workers.

The investigators wished to get permission for seeking information about employees and applicants by asking them any question they considered reasonable. JPL scientists could be subjected to issuing of any information collected of them, up to credit history, sodomy incest, abusive language unlawful assembly, homosexuality, etc.

It is known that a district court judge originally disagreed, however, a three-judge panel of the U.S. 9th Circuit Court of Appeals overturned that ruling. Addressing a unanimous panel Judge Kim M. Wardlaw claimed for the background checks and highlighted that scientists claim is reasonable.

Tim Rutten (2008) describes the situation from the point of view of judges and claims that scientists also have the right to privacy. He emphasizes the following: Theyre due back in court next month. Many at the lab believe that theres more than governmental overreaching at work here. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPLs near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.

Taking into account that homosexuality is not closely linked with the regarded case, it is necessary to emphasize that issues of homosexuality and sexual minorities are not regarded at the governmental level by the Circuit Court of Appeals (at least, there are no precedents solved by Kim Wardlaw), however, the respect of personal life and the freedom of sexual orientation, as well as other personal freedoms is highly estimated in the Judicial system of the United States of America. Judge Wardlaw supports this notion and regards similar instances as the serious violation of personal basic freedoms, which are the essence of free life in a democratic country.

This case once more points out the belonging of Kim Wardlaw to Protestants. The reasons for this belonging have been already enlisted and discussed, however, it is necessary to add that her liberal attitude towards those who may be suspected of crimes against humanity is impressive, and this attitude is attributed not only to Protestants, but to several other classifications.

Religious Freedom

Religious freedom is among other personal freedom is regarded to be essential freedom of any person. Originally, everyone should not be discriminated against on the basis of religion confessed, neither anyone can be discriminated against for religious change. The regarded case touches upon the interests of a Jewish couple. They claim that their rights were violated, as they wish their taxes to be reduced. It is stated that only members of the Church of Scientology are getting a friendly reception from a federal appeals court, increasing the possibility of a ruling that could create a tax break for taxpayers of many religions who pay tuition to religious schools (Gerstein, 2008). The arguments on this case helped judges to reveal essential skepticism on the matter of the IRSs position that the way the agency regards Scientologists is immaterial to the decrease the Orthodox Jews, Michael and Marla Sklar, took for part of their childrens day school fee and for after-school classes in Jewish law. (Gerstein, 2008)

The view of the IRS is it can unconstitutionally violate the Constitution by establishing religion, by treating one religion more favorably than other religions in terms of what is allowed as deductions, and there can never be any judicial review of that? Judge Kim Wardlaw requested at the court session (Caldwell, 2003).

The view of this problem by Kim Wardlaw is regarded as prejudiced. Originally, she is right, as there is no violation in the actions and policies by the Church of Scientology, however, these people have the right to claim for equal treatment, and this case may become the precedent for further solutions. Anyway, this case can not classify Kim Warlaw as Jewish, and she is neither Unaffiliated. However this case confirms her belonging to Mainline Protestants, as progressive view, liberalism, the modernist approach is observed throughout the entire case.

Conclusion

It has been already emphasized that the professionalism and high qualification of Kim Wardlaw as a judge are highly respected by her colleagues, students, and officials. Originally, she is regarded as a liberal, progressive, and internally diverse person and these features are attributed to Protestants (mostly Mainline Protestants) according to Greens classification. This belonging neither compromises her nor makes her favor, as she is a highly professional expert without any classification.

Another essential fact is her ability to keep cool in any situation. Originally, this exceeds the frames of Greens classification, as this feature is not attributed to religions, nevertheless, it does not mean that she is heartless, and this is the feature of every Christian.

References

1. Burgess, J. W. (1999). Political Science and Comparative Constitutional Law (Vol. 2). Boston: Ginn & Co.
2. Caldwell, P. C. (2003). Popular Sovereignty and the Crisis of German Constitutional Law: The Theory & Practice of Weimar Constitutionalism. Durham, NC: Duke University Press.
3. Gerstein, J. (2008) Judges Press IRS on Church Tax Break the Sun |2008.
4. Green, J. (2004) The American Religious Landscape and Political Attitudes: A Baseline for 2004
5. Fitschen, S. (1998) Impeaching Federal Judges: a Covenantal and Constitutional Response to Judicial Tyranny Regent University
6. Jackson, V. C. (2006). Constitutional Law and Transnational Comparisons: The Youngstown Decision and American Exceptionalism. Harvard Journal of Law & Public Policy, 30(1), 191
7. Jeffries, J. C. (2004). The Right-Remedy Gap in Constitutional Law. Yale Law Journal, 109(1), 87.
8. Levinson, D. J. (2002). Framing Transactions in Constitutional Law. Yale Law Journal, 111(6), 1311
9. Mason, A. T., & Beaney, W. M. (1954). American Constitutional Law: Introductory Essays & Selected Cases. New York: Prentice-Hall.
10. Merritt, D. J. (2004). Who Teaches Constitutional Law?. Constitutional Commentary, 11(1), 145-161.
11. Palmer, C. (2009) Supreme Court to rule on strip search of 13-year-old Arizona schoolgirl
12. Rutten, T. (2008) Inquisition at JPL Los Angeles Times,  2008
13. Schmidhauser, J. R. (Ed.). (2001). Constitutional Law in the Political Process. Chicago: Rand McNally.
14. Schwartz, B. (1955). American Constitutional Law. Cambridge, England:
15. Tushnet, M. V. (1999). The Possibilities of Comparative Constitutional Law. Yale Law Journal, 108(6), 1225.

Introduction

White-collar crimes are the criminal activities done by businessmen, con-artists and officials. Cheating and dishonesty are the central elements of white-collar crimes. Some examples of crimes in this category are bribery, embezzlement, consumer fraud, etc. white-collar crimes are spreading around the world rapidly. Normally white-collar criminals are the persons who have high social status and respectability in society as part of their occupation. According to the FBI report, in United State, white-collar crimes cost around $3000 billion yearly. From this statistics report, one can understand the depth of this crime. (white-collar Crime).

Principle elements of white-collar crime theories

white-collar crime theory tries to reveal some facts related to white-collar criminals. According to an article report about white-collar crime theory by Edward Raver, ultimately prove the theory that white-collar criminals pose as much as of a threat to the society as a gun of wielding thugs, and perhaps, even more. (Raver).

Here the white-collar crime crooks are not restricted to the financial and political elite, but they can be from all levels of the community. There is a possibility of perpetrators using white-collar crime persons against other persons and insiders against their organization. External criminals also may involve in this type of crime. The strain and negative emotions underlying white-collar criminals are different from other criminals.

One of the main underlying assumptions of the theories related to white-collar crime is that the law related to white-collar crime is developed based on the cases or offenses which come under white-collar crime.

Difference between white-collar crime offenders and non-offenders

White-collar offenders demonic, biogenic, psychological and sociogenic perspective is intrinsically different from the non-white-collar offenders. white-collar criminals are more suitable to accept probation and less suitable to be imprisoned than non- white-collar criminals.

Generally, white-collar offenders are officials. On behavioral and psychological levels they are different from others. After committing the crime they intermingle legitimately and be less obvious. They work more technically than other criminals. There are large and quantifiable psychological differences between white-collar criminals and non-criminals.

White-collar offenders are socially and economically in a high position. So they are having a high level of moral responsibility. So the public considers the crimes related to them are more censurable. At the time of judgment, judges reactions against them are harsher than non-white-collar offenders. According to an article report related to the personality of white-collar crime and non-crime, the white-collar crime is predicted by gender (males higher rates than females), low behavioral self-control, high hedonism, high narcissism, and high conscientiousness after statistically controlling for social desirability. (Blickle, Schlegel, Fassbender, and Klein). This report points out that high position white-collar criminals will have low honesty and high conscientiousness.

Some important theoretical perspectives of white-collar crimes are given below:

• Rational choice theory:- According to rational choice theory, rational actors will decide to commit a crime more willingly than non-crime when they apprenticed that the net benefit of the crime is more than the non-crime activity. Here the benefit and cost are calculated by using subjective and objective dimensions. (Benson and Simpson, 66).
• Social control theory: According to the social control theory strong social constraints to conservative institutions are having probably low crime rates. That is crime rate is increased when people have fewer social bounds.
• Social learning theory: Social learning theory explains the relationship between crime and deviance. These two aspects work to inspire and manage criminal behavior, which encourages and weakens conformity. According to this theory, the possibility of criminal or conforming behavior depends on the function of the above-mentioned factors that influence ones behavior.
• Interactional theory: This theory suggests that people are social products and they purposively act towards things that they believe have meaning and these meanings are resulting from the social interaction of these people. This theory can be used to explain the motivation behind white-collar crime where people use creativity to secure their position in society even when engaging in crime.
• Labeling theory: This theory, also known as social reaction theory, associates white-collar crimes to the labels applied to them which will influence and promote the deviant behavior of the criminals.
• Neutralization theory: This theory believes that criminals feel guilty about the crimes committed by them. But to commit the offense and to keep their self-image they try to neutralize the wrongfulness of their crimes through denial of injury or responsibility. (Lewis).
• Structural strain theory: This theory proposes the possibility of the influence of some social structures within society which may persuade people to commit crimes. People experience friction or pain when they try to satisfy needs and social structures may force them to meet needs by any means.
• Conflict perspective of crime: This theory suggests that crimes occur as a result of conflicts between individuals and groups. This can be understood better in the light of the labeling theory where a powerful sect of society makes the norms and labels criminals. This theory sees deviant behavior as the peoples actions that are contradictory to the views of the powerful and often causes when the social structures prevent the minority groups to access the scarce resources. When analyzing the contribution of this theory to explain the white-collar crimes it is clear that the theory is inadequate to explain the nature and causes of white-collar crimes. However, it can aptly describe why poor people commit crimes. (Deviance (Sociology)).

Marxist form of this view states that there will be a conflict between the proletariat or lower class and the powerful when resources are few. The radical view advocates for rebellion against norms of institutions and aims to destroy the exploitative system to build a new social order. The contemporary form of this theory believes in controlling the mass instead of individuals through norms, laws and discipline. This also may result in conflict. These views fail to fully reason out white-collar crimes.

To conclude, the understanding of the nature of white-collar crimes and issues and theories related to them will help social scientists and criminologists to think of ways to correct such deviant behavior from the part of the power structures of society.

Works Cited

Benson, Michael L., and Simpson, Sally S. White-collar crime: An Opportunity Perspective: Rational Choice Theory. Taylor & Francis. 2009.

Blickle, Gerhard., Schlegel, Alexander., Fassbender, Pantaleon., and Klein, Uwe. Some Personality Correlates of Business White-Collar Crime: Abstract. Applied Psychology 55.2 (2006): 220-233. Ovid.

Deviance (Sociology): Conflict Theory. Reference.com: An Ask.com Service. 2009. Web.

Lewis, Roy V. White-collar Crime and Offenders: A 20 Year Longitudinal Cohort Study. iUniverse. 2002.

Raver, Edward. Theories Behind white-collar Crime. AC: Associated Content: Business & Finance. 2009. Web.

White-collar Crime. Karisable.com. 2006.

Introduction

Warrantless Electronic Surveillance involves secretive use of devices like cameras, tape recorders and others in monitoring what people are doing at different places and events to ensure that all is done in the right manner and that such information can be retrieved when needed. The main objective of the Warrantless Electronic Surveillance is to monitor criminals and other suspected activities and gather all information concerning them. This is used in arresting criminals or investigating crimes that are done in secret. It enables the country to deal with and mitigate the cases of crime in the country. It is a crucial technology that a country can invest in and be able to fight against crimes and other unacceptable conducts within the country. In the United States, electronic surveillance is usually conducted throughout the peoples lives for instance in the military, law, congress, judiciary, the president, law enforcement and the public sector. The private sectors apply the electronic surveillance (OBrien 22).The government is vested with the role of safeguarding the rights of its citizens. In the United States however, the government is deemed to violate peoples rights through the monitoring of the communications through the Warrantless Electronic Surveillance. The National Security Agency use of such technology was necessitated by terrorist attacks that occurred in US in 2001 and electronic surveillance was thought best for dealing with such acts in future. The main aim of the program was to enable them security agents to gather intelligent information that could be vital in tracing the Americans who collaborates with the terrorists so as to protect the state from occurrence of such activities in the future; with the implementation of this program. According to Richard polsner, [Foreign terrorists would find it difficult to communicate with colleagues or sympathizers in the United States if they had to do so face to face or through messengers because they would know the government was eavesdropping on all their electronic communications] (Richard 3). There was controversy following the implementation of this program as most people held the view that the government was going against their rights as their privacy was no longer maintained. Also, there were some who supported this bill as they argued that the Warrantless Electronic Surveillance program is a useful tool that could be used to keep a close looks at the terrorists together with their activities. Richard Polsner who is an American philosopher and a judge held the views that the Warrantless Electronic Surveillance violates the rights of the American citizens as far as their privacy is concerned. The following essay thus examines the Richard Posners article in favor of the Warrantless Electronic Surveillance and tries to provide the case for and against the program. The essay also has a conclusion which refutes the Polsners article in favor of the Warrantless electronic surveillance.

Surveillance and Law

George Bush during his presidency signed a secret order in the year 2002 that authorized the NSA to scrutinize the e-mails and international calls of thousand of the American citizens without a warrant from the court and this was indeed illegal as the Americans civil liberties were abused. The president felt that he operated within his executive powers for the sole purpose of protecting the U.S citizens. By doing this, the president acts as a tyranny by exceeding the powers vested on him in the constitution (Taslitz 31).

The Patriot Act in the USA has facilitated the capturing and monitoring of the information contained in electronic devices especially with the rapidly advancing technologies such as the internet. There are three laws that are amended with regards to the electronic interception and they include the Title III also known as wiretap statue, The Foreign Intelligence Act and the Electronic Communications Privacy Act. Title III is used to monitor the substance of every communication in order to ascertain the meaning of such communication. The Supreme Court has the view that communication contents are under Fourth Amendment protection and there are some seizure and search requirements that make it hard for the government to access such information in full. The Electronic Communications Privacy Act commonly termed as ECPA is used by the government in order to intercept electronic communications so as to capture and monitor the information. Under them Foreign Intelligence Surveillance Act (FISA), the government has the legal capacity to seek the court permit to use any mode of electronic surveillance on individuals who are guilty of terrorism activities or who are agents of a given foreign power in the U.S including the Americans. The NSA surveillance bears some issues whose legality falls under constitutional law and also under the statutory interpretation that is, interpreting the law in the context of a given case. Constitution law on the other hand refers to the body of laws that governs interpretation of United States constitution. The constitution law governs the relationships of state and its citizens and other issues that the US government considers fundamental and as requiring the intervention of the law.

The NSA controversy made Warrantless Electronic Surveillance to appear as Terrorist Surveillance Program and was so termed by the government under the reign of Bush. The program however operated under the Foreign Intelligence Surveillance Act commonly termed as FISA.The legal challenges however concerning this program are undergoing the judicial review.The program was ruled illegal and unconstitutional by Anna Taylor who was the District judge of the United States in 2006.Thew decision was however overturned following procedural grounds but Alberto Gonzales , the Attorney General informed the senate leaders that the Terrorist Surveillance Program would be under the judicial oversight. The Fourth Amendment of the U.S constitution law is concerned with ensuring that the personal lives of people and their properties are secure and free fro any threat. It also protects them against unreasonable seizures and searches.

The common law is concerned with ensuring that Warrantless electronic surveillance does not in any manner interfere with the lives of the citizens of America. The common law has recognized the need for individual privacy throughout the 20^th century. The underlying principles as far as the common law is concerned include the autonomy, secrecy and seclusion. The secrecy rights protect disclosure of such information that is considered confidential and may cause embarrassment to the person it addresses if exposed to the public. The common law on the other hand protects the above privacy interests mainly by imposing some civil liability on anyone who gains from another persons ideas, name or publicizes facts concerning the privacy of another person. Under the common law Title III, video surveillance in locker rooms, dressing rooms and other s8uch places are enough to give evidence regarding claims of privacy invasion and give the avenue for investigation of the validity of such claims (Richard 154)

Types of Warrantless electronic surveillance

They are of three types that are considered useful in the US and include the wiretapping, videotaping and bugging and these are the ones mostly used in the US. For wiretapping surveillance to be accomplished, it is necessary to have a qualified technician whose work is to tap information into telegraph wire and make it relevant for its purpose. Bugging surveillance may not necessarily use telephone wires for it to be accomplished. Listening devices are normally used in order to convey the conversations being tracked to a recorder and a receiver which ensures complete surveillance. Video surveillance is accomplished using cameras that records and conveys visual images that are later ready for use may be on tape (Richard 154).

Other types of electronic surveillance include the use of social network analysis such as the Twitter, Myspace and the Facebook. The social networks such as Twitter, Myspace and others are normally data mined. This is meant to ensure that important information of a person in his affiliate groups is trapped and used as needed. The U.S government agencies investigate the social network analysis research with an aim of identifying the possible terrorist suspects. This enable the government to mitigate such cases of terrorism and be able to counters them in case they recur in future (Taslitz 31).

Another mode of electronic surveillance is the biometric surveillance and is also commonly used in the US. This technology analyzes behavioral characteristics of a person which aids in identifying that person and his characters for purposes of an act requiring investigation. Examples of biometric surveillance include the DNA, fingerprints as well as facial patterns (Inc Icon Group International 167).

Aerial surveillance on the other hand gathers video or visual imagery of a person or places and to record such information, helicopters and such other means are used. Another mode of surveillance is data mining and profiling. Data mining uses algorithms and statistical devises to unveil that relationship that exists within a given data that could not be ascertained by mere observation.

Data profiling gathers information of an individual or group in order to create the profile stipulating the particulars of such people or groups (Michael 16). Data profiling is usually a powerful tool as far as social network and psychological analysis is concerned because an analyst can find out facts about another without the person being consciously aware about it. Others include corporate surveillance and human operatives (Inc Icon Group International 167).

The information that is captured by the electronic surveillance programs could include web, page downloads, e-mails and any other form of electronic information. The right to privacy issue arises when there is illegal search of the electronic information by the government without a court order as its stated in the constitution of the United States of America. The electronic searches would however constitute to illegal searches and hence violating the rights to privacy of the American citizens (Michael 15).

Case against the Warrantless Electronic Surveillance according to Polsner

According to Richard (247), eavesdropping usually hampers communication in that once people realizes that they are being listened to, candor as well as clarity of their conversations is impaired. Warrantless electronic surveillance causes people to conceal some useful information as they fear that the information will be used against them by the government. Frank communications on the other hand enables people to share out ideas to friends and colleagues freely.

The article by Richard Posner (247) reveals that Warrantless electronic surveillance can cause harm to businessmen because their ideas concerning competition can be exposed to the rivals. This in turn will eliminate them in the business as the rivals will be maximizing on their business ideas. The NSA employees might be running some businesses as they carries out their security job and so they might listen to the ideas of Americans concerning business and use them so as to stay ahead of the competition.

The Warrantless electronic surveillance is posing fear among the innocent American people as analyzed in Richard Polsners article.Terrorists can decide to conceal their plans and clues form the intelligence officers by use of certain such programs. The security intelligence will thus be compelled to arrest anyone who utters words that may be slightly interrelated with terrorism even if the person who said so was just having a normal conversation. This will also inhibit the exchange of valuable information and ideas freely.

Richard Posner continue to argue that the disclosure of the information about people may not be effective in the case where the government relies on such electronic surveillance such as camera because there are those individuals who always stays at their homes and so the government cant be able to access their personal information.

Some of the searches according to Polsner are illegal as well as unconstitutional as they violate the Fourth Amendments because they dont specify those things that need to be seized or searched. The government does not focus on a specific area and this causes some ambiguity. People are however worried why searches that are aimed at collecting information about individuals living outside the United States ends up gathering information on the Americans.

The Richards article (249) reveals that the Warrantless Electronic Surveillance has the effect of depriving the privacy of the American people. Human beings are usually entitled to be left on their own, safe and most importantly have their space. With the advancement of technology and the Warrantless Electronic Surveillance for this matter, the privacy of the American citizens is at stake as there are those people whose main motive is to gather information about others and use it against them e.g. many nude pictures have been posted in the internet over the past few years without the consent and knowledge of others so as to tarnish their images. This act affects one emotionally as one is embarrassed once he or she gets to know that his or her nude pictures have been viewed by a strange person in a remote place. The nudity taboos exists in many cultures and so as a result of the Warrantless Electronic surveillance, many people fears that others will conceal their information and hence use the information against them for their own selfish needs to blackmail another person or to destroy ones career. As the electronic monitoring is usually surreptitious, it enables Government security agents to track conversation of persons talking in secret places or where they think they are not guarded. The techniques of electronic surveillance doesnt discriminate while in operation and they ends up recording all the human events instead of recording the treasonable, espionage or criminal related activities. Thus anyone who speaks over a telephone that is tapped or one who speaks while in a room that is bugged is recorded. The warrantless electronic surveillance by the government usually invades and intrigues the civil liberties of the Average citizens of the United States of America as it is conducted without logical approaches.

Gathering the security intelligence usually involves a lot of time and resources are used for instance the government uses a lot of money paying the security staff that are involved in the surveillance process and also uses some extra cash in mounting the surveillance cameras.

The entire electronic surveillance program is usually not a transparent one and the whole issue about the program has been met with mixed reactions between the individuals and firms on one hand and the government on the other hand. Civil libertarians wants the government to be clear and transparent about the program while the private individuals wants the programs to be opaque and thus there is no co consensus on the program as people and government hide from each other. Both the people as well as the government pose good as well as bad reasons as to why they hide from each other. The true sense of matter is that complete transparency usually paralyzes both action and planning while complete transparency have the effect of endangering both the security and the liberty as terrorists knows this very well (Richard 154).

Case for Warrantless Electronic Surveillance according to Polsner

Richard Posner (248) in his analysis of Warrantless electronic surveillance reveals that there is a great voluntary disclosure of personal information in such situations as owning a driving license where one must disclose some of his or her personal information. Driving being considered as a necessity among the majority American adults, their information is always disclosed to the vehicle bureaus so as to obtain a valid driving license. The same applies to students whereby, they reveal their information voluntarily to the potential employer. One must reveal his or her personal information so as to get a life and health insurance, a well paying job, a bank loan, credit card among others. Thus ones information is easily recorded and so the surveillance is voluntary as no one is forced whatsoever to reveal his or her information and the personal needs renders one to reveal his or her personal information unconsciously.

According to Richards article (249), advancement in technology has enabled the digitization of information and so large volumes of private information can be stored at little cost and also the information can be searched and retrieved when needed. With digitization, the private information of the American citizens is readily available to the security agents and this makes it possible to deal with terrorists as well as their sympathizers.

The article by Richard (249) reveals that the information concerning employees in an organization is very useful as it can be used by another organization once an employee leaves the organization and joins another one. The new employer may gather personal information about an employee so as to know the reason as to why the employee left the organization.

Richard Posner in his article reveals that there are those surveillance that are deemed as reasonable i.e. if a given type of surveillance is deemed to be within the Fourth Amendment as the search is only permissible once the conduct is deemed to be reasonable. The reasonableness however of a Warrantless search is usually determined through some balancing tests which weigh the extent of intrusion of individual rights.

Richard Posner analysis of Warrantless electronic surveillance reveals that there are also some searches against persons who are suspected to be terrorists or threat against the citizens and country at large for instance, the government can conduct inspections of people within the United States without necessarily obtaining a warrant once the people are believed to have some criminal elements.

Conclusion

Following the analysis by Richard Polsner, the Warrantless Electronic surveillance is not an effective tool as far as a countrys security is concerned. The Warrantless electronic surveillance violates the privacy rights of the American citizens. The innocent American peoples dignity is lowered and they are also affected psychologically once they realize that their secrets have been leaked to others.

It has been proved that modernity cannot be negotiated without continuously disclosing personal information. The new culture that is associated with transparency has inflicted a lot of harm on Americans as a result of disclosing their personal information. The Americans thus have been cautious about the information that they reveal and this has seen a radical diminish of informational privacy (Richard, 250).

As privacy remains to be the best friend of terrorists, the article by Polsner has revealed that the technological advancement has enhanced terrorism as terrorists have gained vast amount of information of innocent Americans by making data mining to be feasible. Internet has been a powerful tool as far as the conspiracy of personal information is concerned.

The Terrorist Surveillance Program by the NSA has been revealed to be a controversial one because it goes beyond the FISA boundaries by conducting the Warrantless electronic surveillance. The search sequence i.e. the interception, then the data mining and finally the human search concerning the intercepted messages have been suspicious. Also, the recent amendments concerning Warrantless searches are only temporary and are poorly designed and unclear.

Gathering the security intelligence usually involves a lot of time and resources, for instance the government uses a lot of money paying the security staff that are involved in the surveillance process and also uses some extra cash in mounting the surveillance cameras.

Some of the searches are illegal as well as unconstitutional as they violate the Fourth Amendments because they dont specify those things that need to be seized or searched. The government does not focus on a specific area and this causes some ambiguity. People are however worried why searches that are aimed at collecting information about individuals living outside the United States ends up gathering information on the Americans.

The techniques of electronic surveillance doesnt discriminate while in operation and they ends up recording all the human events instead of recording the treasonable, espionage or criminal related activities. Warrantless electronic surveillance by the government usually invades and intrigues the civil liberties of the Average citizens of the United States of America as it is conducted without logical approaches. The Fourth Amendment supports that the rights of the people is free from unreasonable searches with the proper use of warrantless electronic surveillance technology and there will be no conflict between the technology and peoples rights.

However, the American citizens dont have authority to prohibit the government from carrying out the Warrantless electronic surveillance at any rate but they should not allow their privacy rights that are contained in the constitution to be violated and instead they should use cryptography as far as their network is concerned and this will help to shield their information the same way the European Parliament advised their citizens to practice.

References

Inc Icon Group International (IIGI). Jennifer: Websters Quotations, Facts and Phrases. San Diego: Icon Group International, 2008.P.167.

Micheal, Tiger. Thinking about terrorism: the threat to civil liberties in times of national emergency. Chicago: American Bar Association, 2007.P.15.

OBrien, David. Constitutional Law and Politics. New York: W.W. Norton & Company, 2008.p22.

Richard, Posner. SURVEILLANCE: Privacy, Surveillance, and Law. Chicago:University of Chicago, 2008

Taslitz, Andrew. Reconstructing the Fourth Amendment history of search and seizure. New York: NYU Press, 2006.P.31.

Introduction

In most aspects of technical communication, the concept of predictive policing has become an unavoidable issue of concern. Predictive policing refers to police tactics that use the information and advanced psychoanalysis to formulate predefined preventions (Willis, Mastrofski & Weisburd, 2003).

Advantages of IT applications and random street patrols by the police

The application of IT and random street patrols to optimize the performance of police departments require a sense of human intelligence and constant involvement of manpower. According to Manning (2008), the application of those methods enhances the reduction of crime at different levels. The two methods help in determining efficiency and cost-effectiveness in monitoring patrols. The two approaches offer optimal solutions to difficult policy decision-making processes. The application of Compstat was not done as per the original intentions of its innovators. This is because it was seen as a means of reinforcing the original aspects of police patrols, bureaucracy, control, and authoritarianism (Turban & Volonino, 2011). Random street patrols neither encourage information sharing nor bolster effective investigations. This makes it difficult for the police to formulate a unified vision. Tracking the police performance in random street patrols is equally difficult as police departments are compelled to use situations of the past in predicting current incidences of crimes. On the contrary, information technology based on policing enables the police to address unique situations when predicting criminal activities, thus encouraging accountability of human resources in police departments (Manning, 2008).

Unlike in the random police patrols where departments are not connected and hence information is not cross functional, information technology based police patrols enhance focus of the police on the bigger security picture and quick adoption to changing security situations in the society. Although random street patrols by the police are crucial, they are rarely proactive. Proper feedback mechanisms exist in random police patrols. These ensure that incidences of repeated crimes are minimized (Turban & Volonino, 2011).

Information systems security enhancement mechanisms are easy to integrate, thus making police practices more efficient and cost effective. This is due to the easy and timely access to information and effective communication through the use of an integrated information infrastructure.

Compstats implementation of IS functions

The application of Compstat is based on the understanding that the profession of a policeman is result-based and that it requires high levels of efficiency, reliability, timeliness, and cost effectiveness.

Input

Selection of key objectives, use of timely and intelligent objectives and understanding of progress are key aspects of the manner in which Compstat implements its input function. As Manning (2008) puts it, visibility, timeliness, accuracy, completeness and availability are vital aspects of Compstats implementation of input.

Processing

By selecting among three to five disorder based goals to be realized within a predefined time, crime data and citizen input are analyzed to establish their level of efficiency. Objectives of reduction of policing should never be expressed as a fraction or percentage of the total crime level. This also ensures that rapid deployment of resources to the scene of crime is also done. Thus, the problem is addressed before it escalates. The processing also involves constant follow-up and, ensures that the assessment of the problem is done by using of effective and reliable schemes. Directing and controling crime are vital aspects of crime control.

Output

Focus on key crime challenges, use of streamlined strategies, avoidance of confrontation and brain storming ensure that rapid deployment of output enhances implementation of Compstat. The information systems output function is based on understanding that the success of a Compstat system can be measured by the lack of crime, rather than the use of crime statistics.

Feedback

Instant tracking of criminal offences, immediate monitoring and follow-up of crime, deployment of resources, and unwavering follow-up underlie how Compstat implements the feedback function of the information system. As Turban and Volonino (2011) put it, this function encourages police departments to seek better solutions if a given alternative fails to yield the intended results.

Faster response to crime

By integrating crime mapping and database systems, information systems such as Compstat have enhanced communication efficiency, reliability of crime reporting mechanisms, and also streamlined means of identifying repeated crimes. The fact that Compstat enables proper evaluation of the performance of criminal investigation departments means that information systems also help streamline police departments operations (Turban & Volonino, 2011).

The use of information systems in police departments encourages accountability and formulation of reliable and quick responses to situations of emergency. According to Siegel (2009), information systems encourage uniformity in crime response thus enabling police departments to have a better understanding of more reliable crime response strategies preferred. Reduction of crime and social problems by harmonizing various law enforcement units that work alongside police patrol units enhances effective law enforcement. This helps to eliminate unnecessary competition in the police force and any possible resistance to the adoption of information systems. As a means of responding to crimes better, information systems encourage teamwork by compelling every security sub-group to consult and utilize integrated information management systems. Manning (2008) provides that information systems have been very vocal in eliminating group thinking and, at the same time, encouraging open minded solutions that did not focus on maintaining the status quo.

Compstats SWOT analysis

Strengths

According to Turban and Volonino (2011), Compstat has the ability to enhance efficiency, creativity and eliminate redundancy in the crime management process. This is effectively done by collecting, analyzing and mapping crime related data and other police performance measurement criteria.

Weaknesses

As a weakness, lack of proper conceptualization of crimes can lead to underrating some crimes and undervaluing crime levels. Compstats crime reducing impact has been minor due to the increasing reforms in the random police patrol programs. This approach to crime management discourages police officers from documenting crime reports in order to portray the random patrol approach as being an effective means of reducing crime (Turban & Volonino, 2011). Under-reporting of serious crime incidences is evidently a major challenge posed by Compstat.

Opportunities

Incorporation of more people friendly policing strategies is vital for enhancing security. This is an opportunity that ensures that both technological and people-centered policing approaches are employed in enhancing efficiency and cost effectiveness of policing endeavors. There is an opportunity to implement Compstat through organizational success and strategic predictive policing.

Threats

For a police department that intends to implement predictive policing, it is crucial to understand that this approach can lead to redundancy of human resources and subsequent failure to address human aspects of crime detection and management. Should the police departments decision making systems be devolved and streamlined, they can render the most aspects of information systems outmoded and cost ineffective. Compstat tends to encourage bureaucracy by eliminating creativity and innovativeness in dealing with crime as a predetermined information system guides the entire crime detection and management process (Siegel, 2009).

Conclusion

Information systems, Compstat and predictive policing highly contribute to a decrease in crime in the society. It is evident that the use of geographical information, strategic law enforcement agencies and systems, timely identification of crime hotspots, and effective management of crime data and algorithms are crucial mechanisms of effective predictive policing.

References

Manning, P. (2008).The technology of policing. Crime Mapping, Information Technology and thee rationality of Crime Control.USA: New York University Press.

Siegel, L. (2009). Introduction to criminal justice.12^th Ed.USA: Wadsworth, Cengage Learning.

Turban, E., & Volonino, L. (2011) Information technology for management (8th Ed.). Hoboken, NJ: John Wiley & Sons.

Willis, J. J., Mastrofski, S. D., &Weisburd, D. (2003).Compstat in practice: An in-depth analysis of three cities. Police Foundation.USA: Cengage Learning.

Large companies must protect their brands because otherwise, there may be problems with proving their intellectual property. The reason why small organizations do not protect their products or business names is that often they do not expect that someone will copy them. However, if a small business failed to legally protect its product brand in the beginning, it still has the right to do it later on. The case of Pepperidge Farm Inc. and Trader Joes Company deals with a widespread situation when so-called off-brands make products that highly resemble the brand-name ones and sell them cheaper than the original. This paper aims to consider this case and answer some of the questions connected with its possible outcome and Pepperidge Farms chances for court victory.

The parties of the case at hand are Pepperidge Farm  the plaintiff, and Trader Joes  the defendant. It should be mentioned that both companies promote and sell their products in Connecticut. Pepperidge Farm is a large and trustworthy organization that has been producing different kinds of pastry for many years under the brand name MILANO® (United States District Court, 2015). This brand enjoys widespread popularity in the US because of its high-quality products and appearance in pop culture. The plaintiff is upset because the defendant has copied a unique configuration of their product and a recognizable package (United States District Court, 2015). This may lead to a mistake, confusion, and deceive purchasers, causing damage to the plaintiffs reputation and diminishing its value in the marketplace.

Moreover, the way cookies are portrayed on the defendants package does not correspond to reality, which is a violation of the law. The Milano® cookies are sold in fluted paper trays, which are placed inside a larger package (United States District Court, 2015). The defendant used this image to resemble the original brand and benefit from its reputation. This fact can serve as evidence of Trader Joes intention to exploit the companys good reputation. Hence, it is understandable why Pepperidge Farm brought the case to court, demanding to prevent the defendants further use of the brands configuration. Furthermore, the plaintiff hopes to receive money for the inflicted damage and recovery of its attorneys fees.

Taking into account all the circumstances of the case, I can guess that Pepperidge Farm won the court case as it had the legal right to sue Trader Joes for deliberately copying its configuration. The fact that the defendant intentionally and willfully traded on the plaintiffs reputation not only increases Pepperidge Farms chances for obtaining compensation but also ensures an award of its reasonable attorneys fees (United States District Court, 2015). I believe that the plaintiff achieved its main purpose, and Trader Joes stopped trademark infringement.

All in all, it is of paramount importance to protect an organizations intellectual property to prevent generic companies from copying your product, brand, or ideas. If a company did not do it when it was small and unpopular, it should not hesitate to do it later on. The reviewed case shows how some companies can intentionally trade on a good reputation of larger or more successful ones. This may cause financial damages to the original manufacture and put its valued reputation at risk.

Reference

United States District Court for the District of Connecticut. (2015). Gitson v. Trader Joes Co [PDF document].

Introduction: Incidence and Prevalence

Estimates vary widely, not least because of varying methodology. For instance, Brown (2005) remarks at the wide disparity between the 44,700 annual incidence of child sexual abuse reported by the National Centre on Child Sexual Abuse and Neglect (circa 2000) and the 336,200 offenses Safafino estimated in 1981. As to prevalence estimates, these vary widely from 3% to 71% of American children being affected by such malfeasance. The best that can be said, Brown maintains, is that a meta-analysis of 19 surveys by Finkelhor put prevalence as at least 20% of females and 5% to 10% of men.

Situational and Victim Characteristics

Federal records suggest that the majority of all sexual assault victims are young. Concededly dated data about convicted molesters from the Bureau of Justice Statistics (BJS, 2007) reveals that 60% of offenders released from prison in 1994 had preyed on children 13 years or younger.

Child molesters victimize adolescents and young children in roughly equal proportions. Trends for 1991 to 1996 drawn from reports by law enforcement agencies of 12 States and compiled into the National Incident-Based Reporting System (NIBRS) reveal that precisely two-thirds of sexual assault victims were juveniles under 18 years of age. Of these, over half were 11 years or younger and around 10% were under 6 years of age (Snyder, 2000).

Risk by age differs for the predominant sex assault crimes (see Types of Sexual Contact below). For instance, 14 year-olds are the most at risk for fondling, followed by victims 4 years of age. Rape is likeliest when victims are 10 to 14 years old. Sadly, sodomy and penetration with objects peak for victims aged 3 or 4 years old.

As to gender, females unsurprisingly comprise the lions share of victims: 69% for all types of sexual assaults perpetrated on those younger than 6 years, 73% for all children under 12 years, and 82% during the adolescent years. What does stand out, however, is that male victims are such a substantial minority of sexual assaults: no less than 27% of children under 12 molested or assaulted are boys. On reaching adulthood (19+ years), victims are almost wholly female (95% share).

Characteristics of the Typical Offender

What are pedophiles and child molesters like? By age, they span any age from adolescence to middle age. So far as the BJS can determine from inmate profiles alone (1997), such offenders tend to be older by an average of five years than those arrested for crimes against adults; child molesters are about two-and-a-half times likelier than the latter to be 40 years of age or older. Nonetheless, the obverse of the data is that three-fourths of child molesters are age 39 or younger. At the other extreme of age, in fact, Snyder (2000) found that nearly half (40%) of those victimizing pre-school children were juveniles. This belies the stereotype of the molester as a dirty old man.

On release from prison, the states now impose mandatory registration and public notification for sex offenders. Despite this, how sizeable is the risk that ones family members will run afoul of an ex-convict who will reprise his nefarious offense?

A rough national projection based on BJS (2007) records for 15 states suggests there were around 14,300 child molesters released in 1994. Setting aside townships, this figure for child molesters returned to the community works out at one in every two cities (an estimated 30,000) all across the nation.

What about the probability that pedophiles at large will lapse right back into their unhealthy compulsions? Employing the Association of State Correctional Administrators (ASCA) approach to calculating recidivism based on a released offender being convicted or tried again within three years after release (Montana Dept. of Corrections, 2008), BJS reports that 3.3% of all those released in 1994 had committed a sex crime on a child again by 1997. Given the normal odds that there is one released pedophile in every other city, the chances are one in 60 that a child of yours will be victimized if you reside in a medium or small city. If 30 released molesters reside in your ZIP code or where your child goes to school, odds are that one of them will commit the same offense again within three years after release from prison. These are low odds but no responsible parent likes their children harmed in any way.

It stands to reason that men are the reported perpetrators in 96% of all child and adult sexual assaults. However, women were reported to be the offenders in 3% to 12% of child and juvenile sexual assaults (Snyder, 2000). Given that males comprised up to 27% of child sexual assault victims, the implication is that around 13% of assaults on boys were perpetrated by males, ergo homosexual pedophiles engaged in fondling or pederasts performing sodomy on young boys.

Types of Sexual Contact

Child sexual assault is more likely to consist of fondling alone, at least as reported to the law, followed by rape, sodomy and penetration with an object.

The 12-state survey of assaults reported to law enforcement agencies characterized the crimes into four classes: rape, forcible sodomy, sexual assault with an object, and forcible fondling (Snyder, 2000). Forcible fondling is the most prevalent crime where both juvenile and child victims are concerned. Rape, the second most prevalent sexual assault regardless of age of victim, rears its ugly head when victims are 12 to 17 years old.

As to the peripheral offenses of sodomy (8% of all assaults across ages) and penetration with an object (4%), around three-fourths are perpetrated on young victims.

References

Brown, S. (2005).Treating sex offenders: an introduction to sex offender treatment programmes. Devon, UK: William Publishing.

Bureau of Justice Statistics (2007). Criminal Offenders Statistics. Web.

Montana Dept. of Corrections (2008). Recidivism definition adopted. Correctional Signpost, Summer, pp. 1-2.

Snyder, H. N. (2000). Sexual assault of young children as reported to law enforcement: Victim, incident and offender characteristics. Office of Justice Programs, U.S. Dept. of Justice. Web.

The U.S. is one of the modern developed countries whose justice system includes punishment through execution. Nearly 2% of inmates are on death row, and most convicts are men (Fazio, 2020). In October 2020, the court submitted a womans execution for the first time in more than half of a century. The New York Times article U.S. Schedules First Execution of a Woman in Nearly 70 Years written by Marie Fazio describes the crime and discusses if sentencing a woman to death row is an act of justice.

The article begins by sharing the news that on October 16, 2020, the U.S. Court scheduled the execution for Lisa Montgomery from Kansas. The inmate was convinced of murdering a pregnant woman and trying to pass the baby off as her own in 2004 (Fazio, 2020). Federal executions resumed in July 2020, and Lisa Montgomerys death by lethal injection will be the ninth one for the last 20 years (Fazio, 2020). The New York Times reporter describes the crime and highlights the inmates mental illness as a reason for her deviant, violent behavior. Lisa Montgomery was sterilized, yet in 2004 she started convincing everyone she was pregnant and then killed a pregnant woman to take the baby out and pass off as her own (Fazio, 2020). The inmate confessed to the crime, and no attempts of appealing conviction were successful.

The article includes the opinion of Montgomerys federal public defender, Kelley Henry, who finds the death penalty act of injustice due to the mental illness and violent abuse the woman experienced in her childhood. The advocate points out that the convict was raped, sex-trafficked, and abused by her mother, and traumas she got as post-traumatic disorder must have been considered by the court (Fazio, 2020). The reporter then provides information about the previous federal death penalties to help a reader evaluate Montgomerys sentence.

Two examples of crimes that led women to death row and execution were described in the article. First, in 1953, Bonnie Heady kidnapped and killed a boy, and second, in the same year, Ethel Rosenberg was sent to the electric chair after conviction in espionage (Fazio, 2020). The reporter describes these cases circumstances and shares the statistical data from the Death Penalty Information Center (DPIC) about the number of inmates on death row.

The gender factor plays a significant role in crime commitment, and the article provides evidence to this statement. Fazio (2020) shares the words of Robert Dunham from the DPIC that most murders committed by women are domestic murders, which are often considered acts of passion and not eligible for the death penalty (para. 16). Moreover, the stereotypical perception of women as less violent and not dangerous for society takes place in the criminal justice system.

The statistics about executions for women provided in the article to highlight the rarity of such a sentence. Fazio (2020) claims that since 1632, there have been 575 documented executions of women of the more than 15,000 confirmed executions in the United States (para. 19). A brief history of the death penalty in the U.S. shared by the reporter included cases with female convicts who murdered multiple people to get capital punishment.

To conclude, the article provides information about the current situation in the federal execution system. The reporter mentions that a new drug is now used instead of injection, and the resume of executions of federal inmates announced by Attorney General William P. Barr occurred a year ago (Fazio, 2020). The death sentence is the tool Department of Justice uses regularly, and the article ends with paragraphs about the other two recent schedules for execution.

Reference

Fazio, M. (2020). U.S. schedules the first execution of a woman in nearly 70 years. The New York Times. Web.

Introduction

The United States Constitution provides protection of civilians from irrelevant searches and seizures of individuals and premises. Such protection is provided specifically by the Fourth and Fourteenth Amendments of the Constitution. In fire incidents, investigations are needed to ensure that a potential recurrence of the fire is prevented, to ascertain whether the fire was caused accidentally or intentionally, and to protect potential criminal evidence from possible destruction. Nevertheless, fire investigations have to follow a certain procedure that ensures that the constitutional rights of the owners are upheld. The purpose of this paper is to analyze the procedure used in fire investigations with reference to Michigan v. Tyler, 436 U.S. 499 (1978) and Michigan v. Clifford, 464 U.S. 287 (1984).

The Suppression of Evidence in Subsequent Examinations of the Scenes

In Michigan v. Tyler, 436 U.S. 499 (1978), evidence obtained after the material day of the fire (January 22, 1970) was suppressed by the supreme court of Michigan. In Michigan v. Clifford, 464 U.S. 287 (1984), the evidence obtained by the arson investigators five hours after the firefighters extinguished the fire was suppressed by the court of appeals of Michigan. The reason behind the suppression of the evidence in these two cases lies in the unconstitutional investigation process followed by the fire investigators. For evidence to be admissible in court, the investigators must have either obtained consent from owners of the burned premises or a warrant (administrative or criminal search warrant) to search the origin and cause of the fire or to determine any possibilities of arson.

In Michigan v. Tyler (1978), the first investigation efforts began when the firefighters were called in to extinguish the fire. Due to lack of visibility as a result of the smoke and darkness, the investigators left the store and returned four hours later when there was enough light and the smoke had subsided. This second investigation was considered by the supreme court of Michigan as a continuation of the first investigation which was interrupted by the smoke and the darkness. As a result, all the evidence obtained during this investigation was admissible in court. This is because a burning building provides exigent circumstances for which no consent or warrant is required to conduct a search or a seizure. However, the fire investigators carried out additional searches about three weeks after the material day without any consent from the owners or warrant from the department. Although further evidence for arson was found, the evidence was inadmissible in court because the investigators did not follow the constitutional process of search and seizure. Specifically, the subsequent investigations violated the privacy rights of the store owners which are protected by the Fourth and Fourteenth Amendments of the U.S. Constitution.

In Michigan v. Clifford (1984), the fire broke out in the defendants residence when they were away. The firefighters rushed to the scene together with fire officials and police officials but no investigations were conducted during the fire extinguishing process. Nevertheless, a Coleman fuel can be found on the driveway in plain view of the firefighters. Five hours after the firefighters left the home the arson investigators returned to the home and began their investigators without consent from the homeowners or an administrative or search warrant. Their investigations began in the basement where several cans of Coleman fuel, crockpot and electrical timer were found and seized by the investigators. The establishment of the origin and cause of the fire did not end the investigators search and further searches and seizures were conducted in the upper rooms of the home. Although strong evidence for arson was found during these thorough investigations, they became inadmissible in court. Only the one Coleman fuel that can find in plain view on the driveway was used against the defendants. The reasoning used in Michigan v. Clifford is similar to the one used in Michigan v. Tyler.

The investigators did not obtain consent from the homeowners thus they violated their privacy rights. Moreover, they did not obtain a warrant to search the home and seize any physical evidence for arson. To make matters worsen, even after establishing the origin and cause of the fire, the investigators proceeded to conduct a criminal search. Even if the investigators would have obtained an administrative warrant to determine the cause and origin of the fire, the warrant would not have justified their further criminal investigation. A criminal investigation would have necessitated a criminal search warrant after the probable cause had been identified. As such, the investigators erred in conducting an investigation that violated the constitution, specifically the Fourth and Fourteenth Amendments (Michigan v. Clifford, 1984).

The Legal Right of Investigators to be on the Property to Conduct the Investigation

When a fire breaks out either in a commercial premise or a residential home, firefighters as well as fire officials and investigators are required to go to the scene immediately after notification. The main duty of the firefighters is to extinguish the fire to ensure that further damage is prevented. However, the fire officials have other important duties to play particularly as they relate to the investigation. Fire officials and investigations are required to establish the origin and cause of the fire. As a result, as the fire is being extinguished, any evidence whether in plain view or not is collected. The significance of finding the origin and cause of the fire is to prevent another fire incident from occurring. Thus, the detection of potentially dangerous objects such as a faulty electric wire is important in preventing further fire outbreaks (Kirk & DeHaan, 2002).

Second, fire officials have the legal right of conducting investigations at the scene of the fire to ensure that potential criminal evidence is not intentionally or unintentionally destroyed. Third, an investigation by the fire officials immediately after the fire breaks out is important in preventing the investigators from interfering with the owners privacy. Because a burning building is an exigent circumstance, no consent or warrant is required to conduct a search or a seizure. However, once the fire has been extinguished, the investigators would require consent from the owners or a warrant from the department. This delay may adversely affect the investigators opportunity of collecting important criminal evidence if it exists. Due to these reasons, fire investigators have a legal right to remain on fire-damaged premises for a reasonable amount of time (Lentini, 2006).

Requirements Needed to Conduct Investigation once the Crime of Arson has been Identified

When fire officials establish that arson has taken place, there are three requirements that must be followed to conduct further investigations. These include: consent, administrative warrant and criminal search warrant. Consent refers to the permission given by the premise owners to the investigators to conduct investigations in their premises. The need for consent lies in the need to protect the owners privacy interests. Even when a building is damaged by fire, the privacy interests of the owners may still remain, for instance, the owners personal effects may still be intact, the owners may still want to continue residing or conducting their business in the building. Thus, their privacy interests must be protected according to the Fourth and Fourteenth Amendments. In cases where consent is freely given by the premise owners, a warrant is not a requirement. Nevertheless, there are some cases where consent is not given and such situations necessitate a warrant. There are two types of warrants: an administrative warrant and a criminal search warrant. The type of warrant granted is dependent on the primary goal of the investigation (Kirk & DeHaan, 2002).

In fire investigations, an administrative warrant is required to establish the origin and cause of the fire (Lentini, 2006, p. 67). This warrant is granted in cases where the origin and cause of the fire have not yet been determined. However, before an administrative warrant is given the fire officials must show that fire has broken out in a specific premise, that the extent of the search is reasonable and will not violate the owners privacy and that the investigation will be conducted at a sensible and suitable time.

A criminal search warrant on the other hand is granted if the investigators want to collect evidence that shows that the fire is of a criminal nature, that is, deliberate fire such as arson. The duty of the fire officials before being granted the warrant is to prove probable cause to trust that criminal evidence will be obtained at the scene of fire. Note that an administrative search can only be used to seize criminal evidence only under the plain view doctrine which may then be used as the basis for granting a criminal search warrant (Lentini, 2006).

Effect of Different Local Policies on Different Practices in Granting Lawful Entry to a Fire Scene

Some local policies may grant investigators the right to enter a fire scene without consent from the owners or a warrant. For instance, in Michigan v. Clifford, the investigations carried out by the arson investigators at Cliffords home without consent or warrant were done based on a policy of the Arson Division of the Detroit Fire Department. This policy allows fire investigators to enter a fire-damaged premise and conduct investigations as long as: the owners of the premises are absent, the premise has trespassed, and the investigation took place within a rational time of the occurrence of the fire. All these conditions supported the warrantless and nonconsensual search in this case. However, because this policy does not apply in Michigan v. Tyler, it was held by the court of appeals of Michigan as inapplicable. This shows that different states and counties may have different policies regarding the fire investigation process.

Conclusion

Fire investigations, like other investigations, must adhere to the constitutionally provided procedure to ensure that the rights of the owners of the fire-damaged premises are protected. Specifically, the fire investigators must obtain consent from the owners as well as a warrant where required. The only situation that calls for warrantless and nonconsensual investigation is an exigent circumstance. Failure to follow the right procedure renders the evidence collected inadmissible in court.

Reference List

Kirk, P., & DeHaan, J. (2002). Kirks fire investigation (5^th ed.). New York: Prentice Hall.

Lentini, J. (2006). Scientific protocols for fire investigation. Boca Raton, FL: Taylor & Francis.

Michigan v. Clifford, 464 U.S. 287. (1984). Michigan v. Clifford. Web.

Michigan v. Tyler, 436 U.S. 499. (1978). Michigan v. Tyler. Web.

There are many occasions where people enter into contracts or agreements. People sign agreements with other people or corporations, whether acquiring a new car, purchasing properties, or paying for a mortgage. An enforceable contract contains five components. They include an offer, acceptance, consideration, competency, and legal intent. I will define these elements by narrating my first experience in the contract signing process. The first aspect of an enforceable contract is the offer to enter into an agreement. The offer is an invitation to another person to seal the deal by promising to act or abstaining from acting in return for negotiated terms. I wish I had known this when I was signing my first contract.

In March 2014, I entered into a contract with Properties Unlimited to rent a 3-bedroom apartment for one year. In July 2014, I found that my little brother, whom I was staying with, was falling sick every time. A visit to the doctor revealed he had intermittent asthma. Shortly after this happened, we had a heavy storm, and I noticed my roof was leaking. There was water everywhere, from my wardrobe to the kitchen, as well as in the closet. The floors and carpets were all soaked up. Later, I realized the room had flooded several times a few months before, and as a result, the mold was forming. I opted to terminate my contract in December 2014, which was only a couple of months until the lease expired. The well-being of my little brother meant the most to me. The landlord understood my situation, and without going to court we were able to resolve the issue.

The above scenario would have turned out differently if I had taken a keen look at the lease arrangements before committing to it. Lease arrangements are offered from the Homeowner to the Tenant. When entering into a contract, the deal must make a specific commitment and have fair terms and conditions (Meagher, 2018). In my case, the terms and the offer were quite reasonable. The rental price was suitable for the apartments size and the area in which it was situated. I had no reason to believe this place was not ideal for me. It had a large playground for my two brothers and me. It also enabled each of us to have our own space. The landlord and I failed to utilize the offer element because he was not honest, while I was unable to take a thorough look at what I was being offered before accepting it.

Acceptance is the next fundamental aspect of an enforceable contract. It is an agreement to sign the contract under the terms specified within it. To prevent any uncertainty, the specifics of the deal must include points that affect acceptance, including the expiry date of the contract, the right to cancel, and the specifications of what defines acceptance. In my case, I went around the house with the landlord, and he assured me that everything was clean and ready to move in. At the time I was young and did not know what to look for. I discovered the floor was wet, but the landlord said it had been vacuumed and shampooed recently. I had no reason not to trust him, and I perceived his statement as the truth; thus, assuming I had landed a decent deal. Clearly, instead of trusting him, I should have made sure the elements of the offer corresponded to the contract.

Consideration is an aspect of legal value which is demanded and accepted as the cost of signing a contract. It could be financial and also the guarantees to perform certain actions. The performing of actions or duties could be described as required to do or expected to refrain from doing. When I signed the agreement, I was required to deposit the first months rent in advance, which I did. It seemed reasonable to me, and it was an excellent price for such a neighborhood.

Legality is the point to which the agreement is legitimate and not contrary to public policy. It is also defined as a binding arrangement on the grounds of consideration. The mutual trust of the legality would ensure both sides are similarly bound. The contract I signed seemed fair because it took into account what both parties wanted and was not a one-sided affair; neither was it biased. For a contract to be legitimate and binding, each party should be bound by it. I was obliged to pay rent, and the apartment owner was compelled to accept all liabilities on the property. In reality, he made an illusory vow, which indicated him as having entered into an agreement before fully committing himself to repair the leaking roof.

The last element is capacity, and it is the mental competence to enter into a contract. Which means an individual has the capacity to commit to the agreement. My landlord and I were both competent and knew exactly what we had to do when we committed to the deal. He knew I wanted to find accommodation as soon as possible, so he omitted crucial details which were wrong or faulty with the apartment.

I firmly believe there existed a breach of contract in my case because the developer did not abide by his end of the bargain. Breach of contract arises when one side of a contractual arrangement fails to honor the terms agreed upon. The landlord knew the apartment was leaking and also failed to inform me of the previous flooding. He placed my brothers life at risk only to benefit himself. He was happy to have escaped a lawsuit because he knew he was dishonest and would lose the case.

There exist some different types of remedies regarding breach of contract. They include payment of damages, strict liability, dismissal, and restitution. The courts with minimal authority will only recognize the payment of damages remedy. The actual performance and termination remedies are equal penalties that do not fall under the magistrate courts jurisdiction (Davies, 2015). There are two general types of damages that can be granted if there is proof of contract violation, and they include compensatory and punitive damages. Compensatory damages are used to compensate for the non-breaching partys costs as an outcome of the infringement. The amount awarded is intended to pay for or account for the damage incurred due to the breach (Davies, 2015). Punitive damages also referred to as exemplary damages, are meant to punish the guilty party for heinous conduct and discourage others from behaving similarly, unlike compensatory damages intended to cover actual harm. For the breach of contract, punitive damages are seldom granted (Davies, 2015). As in my case, if we were to go to court, the landlord would have likely incurred the compensatory damage, which would have catered for my damaged furniture and carpet.

An enforceable contract is a legal arrangement that is intended to bind two parties. It is highly anticipated that both parties will follow the terms and conditions of the contract. The agreement serves as a security tool that protects the two parties. The most appropriate way to protect oneself from violation of the arrangement is by properly understanding its details and making sure they align with both parties expectations.

References

Davies, P. (2015). Remedies for breach of trust. The Modern Law Review, 78(4), 681694.

Meagher, J. (2018). (Re-defining) the trust of the specifically enforceable contract of salethe vendor purchaser constructive trust. Trusts & Trustees, 24(3), 266297.