Response Paper Essay Example | Topics and Well Written Essays - 500 words - 3

Response Paper - Essay Example The arguments presented by the defense about the murderer are mere excuses. If the argument is to hold true for this man, what would be the explanation for the same situation if an all-round nurtured individual is involved? There are individuals who are brought up by loving parents, provided with anything they desire, well educated, and in good careers who still engage in similar or worse crimes. In the event that the argument is considered viable, then individuals who are brought up in favorable environments should never commit crimes. However, this is not the case. People who engage in crime exhibit all kinds of backgrounds; good and bad. In this regard, this man is much less of an environmental product. Wallowing and self-pity best describes the personality and character of this man. The man has totally accepted that the state he is in is the best life can offer. He, therefore, views every other thing that happened to his life in the past as a complementing factor to the situation. The society cannot be accused of neglect when the defendant has not been said to have tried to get some help from charitable agencies. The situation is more of a choice than a result of the unfolding events. As a result, this man is fully responsible for his actions. While the fact that the man has had a difficult past cannot be disputed, there are other alternative choices available to him than taking his past as an excuse in the situation. It is openly evident that all persons that have been previously charged with the crimes outlined in the situation did not necessarily share the same experiences with this man. For instance, drugs are expensive, and even the rich and wealthy engage in drug use and end up addicted to these drugs. There are others who have realized their wealth from robbing and related actions. In other words, the experiences of this man

Lilypads Hotels Essay Example for Free

Lilypads Hotels Essay According to the Court, the Fourth Amendment is mute about undercover searches (inside the home or out), inspections of welfare mothers and probationers homes, flyovers of curtilage and trespasses on property beyond it, surveillance of public movements, most compelled testing for drugs and alcohol, dog sniffs of cars and luggage, and rummaging through garbage. n1 Why don’t you contact me directly at natashagils at yahoo dot com and we can make this work one on one instead of going through middlemen to get assignments done. And the Amendment is close to irrelevant in a host [*604] of other situations, including third-party subpoenas for documents, checkpoints for drunk driving and illegal immigration, residential and business health and safety inspections, and searches of junkyards for stolen parts. n2 Under current constitutional doctrine, the government needs no justification to engage in the first set of actions, and so little to carry out the second that it is virtually unregulated. †¦ A crucial initial assumption in this essay is that, at bottom, neither the language nor the legislative history of the Fourth Amendment drives the analysis on this issue. †¦ I am looking for socio-political explanations for our current Fourth Amendment doctrine, not formalistic ones. The most obvious such explanation for the decisions referenced above is that the Supreme Court does not want to shackle government law enforcement efforts. Undoubtedly, that is a large part of the answer. But it is not the entire story. As I have suggested elsewhere n5 (and briefly explain again here), effective crime control and a more activist interpretation of the Fourth Amendment are not necessarily mutually exclusive. Other explanations for the Courts less-than-robust reading of the Fourth Amendment focus on the ironic consequences of decisions, mostly generated by [*605] the relatively liberal Warren Court, that were meant to expand its scope. For instance, it is fashionable to place much of the blame for todays law on the Warren Courts adoption of privacy as the core value protected by the Fourth Amendment. This move, in Katz v. United States, n6 was hailed at the time as a major enhancement of constitutional protection against government intrusion. As many have pointed out, however, because privacy is a manipulable concept, the Court has since found it easy to declare that a large array of police actions-ranging from use of informants to public surveillance and school and workplace drug testing-either do not implicate or are only limply protected by the Fourth Amendment. n7 This diagnosis has some attraction as well, but fails to explain why even the more liberal justices have often gone along with many of the privacy-diminishing holdings of the Court. In this essay, I too suggest that the modern Courts early expansive stances on the Fourth Amendment have ultimately led to its diminishment. But Katzs expectation-of-privacy formulation is not the culprit. Rather, three other liberal dogmas-what I call the probable-cause-forever position, the individualized suspicion mantra, and the obsession with exclusion as a remedy-are the primary reasons we have a Fourth Amendment Lite. The end-logic of these three dogmas produce such unappealing results that even moderate and liberal justices have balked at them, leaving us with a search and seizure jurisprudence that is much less than it could be. When a search requires probable cause to be constitutional, courts are naturally more reluctant to denominate every police attempt to find evidence a search. When suspicion must be individualized, they are more likely to gloss over the harms caused by investigations of groups. And when the sole serious sanction for an illegal search or seizure is suppression at trial, many judges have less sympathy for viable claims, because they cannot stomach dismissal of criminal charges against guilty people. I. Probable Cause Forever Of course, probable cause is not required for every police action that is called a search or seizure. Terry v. Ohio, n8 a Warren Court decision, stands for the proposition that both detentions short of arrest and patdowns of outer clothing are permissible on reasonable suspicion, which represents a certainty level somewhere below the even-chance threshold often associated with probable cause. The Terry Court was willing to relax Fourth Amendment strictures with respect to stops and frisks because the governments interest in effective crime prevention and [*606] detection on the streets justified the brief, though far from inconsiderable, intrusion upon the sanctity of the person that these actions occasion. n9 In the seizure context, the post-Warren Court has routinely relied on this balancing approach-or what I have called the proportionality principle-in holding that several different types of detentions short of an arrest may take place on less than probable cause. n10 In the search context, however, it has been much less willing to follow this route. Instead, the Court has insisted, in the words of Justice Stewart in Katz, that searches conducted . . . without prior approval by judge or magistrate [and therefore without probable cause], are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well- delineated exceptions. n11 †¦ [In] T. L. O. .. [the Court] then went on to hold that probable cause was not required to search a school childs purse for evidence of disciplinary infractions, thereby creating the one major exception (other than Terrys frisk rule) to the probable-cause-forever dogma. Labeled the special needs doctrine, a phrase taken from Justice Blackmuns concurrence in T. L. O. , the exception, when it applies, requires only that government action be reasonable, n14 which in practice has meant that neither a warrant nor probable cause is required. But the special needs exception is usually only applicable when, as in T. L. O. , those conducting the government action are not police and are pursuing some end other than ordinary criminal law enforcement (e. g. , school disciplinary searches, drug testing for administrative purposes, checkpoints for immigrants, or inspections of businesses for regulatory, health and safety violations). n15 Indeed, the classic statement of the special needs paradigm is that it kicks in only when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable. n16 The Court has on several occasions called these special needs [*607] situations exceptional and limited. n17 In other words, outside of frisks, the usual law enforcement search for evidence of criminal activity requires probable cause. n18

Analysis of Faulkner Short Stories Essay -- essays papers

Analysis of Faulkner Short Stories Response to the Faulkner Short Stories In each of these stories, Faulkner communicates to the reader through very strange characters. In â€Å"Was†, we hear of a story that basically stems around a runaway slave. The two Uncles are very stereotypical. The other owner was also very stereotypical. Basically, in this story, the white men are trying to apprehend a slave that has run off to see his girl. However, the story then progresses into a standoff between the white owners. They bet each other on very arbitrary matters until finally, though the previous bets did hold some weight, the men turn to a deck of cards to settle their disputes. The ironic aspect of all of this is that they end up betting on the lives of the slaves. So, in order to prove their superiority over each other, they use their slaves as leverage. This was one of the times I felt that Faulkner was trying to illustrate the fact that these people seemed hopelessly lost in the old Southern way. What was also very interesting though is that they se emed to treat the slaves fairly humanely. First of all, if a slave had run off in early times, they probably would have beaten him or killed him. Here though, it is a kind of game. It’s a race to see who can get him first. Faulkner also throws into the story the woman who seems to be in love with one of the uncles. This too, was very clever because the new â€Å"southern Belle† was also being communicated to the reader. The Uncles though, are bachelors, perhaps signifying the dying southern gentleman, who is unable to deal with his past, and who will lead his genre of people to extinction. All in all, I liked this story. I didn’t see Faulkner as a racist and I didn’t see any of his charact... ...However, this doesn’t deter Faulkner from writing very complex stories that reflect his literary prowess. Most of his characters can hardly speak correct English, and yet, his pieces are filled with words that even I have trouble discerning meaning from. In particular, Rider’s character is very blue collar. Faulkner communicates this to us in many ways, but has no trouble throwing in phrases like â€Å"the junctureless backloop of times trepan†. This occurs throughout all of these stories. It is like the characters are very natural, they know the environment, the have the skills to hunt, they work hard, and they love each other. But these ideas are contrasted by his writing style and complexity and really blend nicely to create very good pieces of literature. It was just one thing that caught my eye in reading these pieces and I am very envious of this skill he possesses.

King Lear essay, exploring the notion of hope

In the world of King Lear, being a shakespearean tragedy, suffering, loss, and injustice are all factors often expected before an audience enters the bottomless pit of complicated characters, varying agendas, and Shakespearean english these productions usually employed. However, despite its melancholy undertone and lack of warmer lighting gels on stage, King Lear is not without hope. Shakespeare in Lear, presents the notion that characters in great authority force suffering upon others in an effort to retain power, admiration, and status.Initially, Lear himself demonstrates this, appallingly treating Cordelia with an irrational snap judgement when he is embarrassed in court by his youngest daughters silence and lack of praise; â€Å"Here I disclaim all my parental care. † (1:1:107) This unjust sentence is highly ironic, especially for the audience, as dramatically we see transparent farce of Gonerill and Regan’s dedications of love, and the total truth of Cordeliaâ€⠄¢s.Due to the â€Å"infirmity of his age† (1:1:284) (Lear) the unjust pain Cordelia endures for his mistake is greatened, and due to this dramatic irony the audience is forever hopeful for some form of justice and resolution to come. Hope comes in many forms in King Lear, and at first arrives in the character of Kent. Like the audience, Kent is able to see the mistaken ways of Lear, and is the first to step in and address Cordelia’s suffering. â€Å"See better, Lear†¦ Thy youngest daughter does not love thee least.† (1:1:146-153)In one dramatic interpretation of the play, Kent is positioned between Lear and Cordelia, symbolizing perhaps, a link between the mistaken mind of an old King, and the â€Å"more ponderous† (1:1:73) love of a young heir, furthermore acting asâ€Å"the true blank of thine eye† (1:1:153) for his decrepit King. Kent brings the hope for justice to a tantalizingly close reality, however through Lear’s blind desire f or admiration and respect of status, the audience is left with a even greater sense of bathos, and desire for resolution, when yet again our hopes our berried by more pain and disappointment.This again portrays the notion that authority and all that follows leads to the lower statured characters enduring unjust suffering, and that â€Å"nothing comes from nothing† (1:1:85) linking back to the notion that suffering cant come from nothing. Hope can also presented in King Lear, in the way in which directors stage the characters on set. In one dramatic interpretation of the play, in act 1 scene 1, Lear is sat down solitary with Gonerill and Regan at his side. This not only portrays the Kings increasing age, but also the manipulative power Gonerill and Regan initially have over him.During this first scene we see the gap between Cordelia and Lear increase progressively, again portraying a physical representation for their relationship and love for one another growing further and fu rther apart. After this distancing, Cordelia, positioned front stage right, has both Kent, The Fool, and towards the end of the scene, France. The dramatic effect of this is clear to the audience; it physically highlights the allegiances of the characters, and is used also to portray other various notions in a more physical manner, one of which is hope.Hope is presented in the way in which The Fool, Kent, and France side with Cordelia, implying to the audience she is not alone in her banishment, and that perhaps these characters may have a role in returning Cordelia later in the play. This idea is further backed up in act 1 scene 5 upon where we see The Fool speak the truth to the king; â€Å"Thou shouldst not have been old till thou hadst been wise† (1:5:36) presenting hope in that the king might listen.The allegiances formed in this scene contrast one another, clearly demonstrating to the audience their various agendas, and allows the audience to understand the alliances of characters without any dialogue required. Following on from this notion of unspoken alliances, characters relationships inspire hope in the audience as well. While Lear is initially the main spark of suffering for the other characters, and despite the fact that his own suffering is self inflicted, the audience does sympathize for his position amongst the rest.The â€Å"infirmity of his age† (1:1:284) results in his malicious, self satisfying, daughters manipulating him with ease, and abusing the power he entrusts onto them. But in the same way we see Kent step in for Cordelia, we see him return to aid Lear at this stage in the play as well. The strength of there relationship is seen in Kent’s unfaltering loyalty for his King: â€Å"If thou canst serve where thou dost stand condemned, so may it come thy master, whom thou lov’st, shall find thee full of labours. † (1:4:6) and as a result does instill hope into the hearts of the audience that Kent may in fa ct put things right.Suffering comes in many forms during King Lear, however despite the darkly lit stage, black costumes of the characters, and general tragic story Lear follows – hope is always a present emotion amongst the audience. Dramatic irony, stage setting, character relationships and proxemics are all dramatic devices employed by the director of one particular dramatic interpretation of the play. They contrast the darker elements of Lear and without them, the play would loose the very key to its brilliance.That key, that unlocks the particularly controversial entertainment value, being hope within the audience. Without the subtle hope shakespeare and modern directors try and install into the very weave of King Lear, the audience would find themselves simply enduring this seemingly deepening pit of death, despair, and disappointment. This is why I am able to conclude that by considering a few of the dramatic effects used in King Lear, despite the ever present tone of suffering, hope is always ingrained within the audience. Forever seeking resolution to the slope on which they travel down.

Project Scope Management Essay

DISCUSSION QUESTIONS 1. What is involved in project scope management, and why is good project scope management so important on information technology projects? Scope refers to all the work involved in creating the products of the project and the processed used to create them. Project scope management includes scope planning, scope definition, WBS creation, scope verification, and scope control. It’ important to Information Technology because it is good for preventing scope-related problems on information technology projects. 2.What is involved in collecting requirements for a project? Why is it often such a difficult thing to do? There are many ways to collect necessities for a project, such as interviewing stakeholders, holding focus groups, using questionnaires and surveys, observation, and prototyping. It can be difficult to collect requirements because of different stakeholders often have different needs, they can change quickly, and many are difficult to implement with the present systems. 3.Discuss the process of defining project scope in more detail as a project progresses, going from information in a project charter to a project scope statement, WBS, and WBS dictionary. The project charter is the document that officially authorizes a project. The project charter provides the project manager with the authority to apply organizational resources to project activities. A project manager is identified and assigned as early in the project as is achievable. The project manager should be assigned prior to the start of planning first while the project charter is being developed. Projects are usually chartered and authorized external to the project organization. The project scope statement is the formal definition of the project and what needs to be accomplished. This process addresses and documents the characteristics and boundaries of the project and its associated products and services, as well as the methods of acceptance and scope control. The project scope statement is developed from information  provided by the initiator or sponsor. The Work Breakdown Structure (WBS) organizes and defines the total scope of the project. It is a deliverable-oriented categorized breakdown of the work to be executed by the project team to accomplish the project objectives and create the deliverables. The WBS subdivides the project work into smaller, more controllable pieces. The work contained in the lowest-level WBS components which are called work packages, can be scheduled, cost estimated, monitored, and controlled. 4.Describe different ways to develop a WBS and why it is often so difficult to do. You can develop a WBS by using guidelines, the analogy approach, the top-down approach, the bottom-up approach, and the mind-mapping approach. It is difficult to create a good WBS because each WBS is unique based on the project and the team. 1. Types of WBS: Construct a WBS base on the following task list from MS Project. Another type of WBS 5.What is the main technique used for validating scope? Give an example of scope validation on a project. 6.Using examples in this book or online, describe a project that suffered from scope creep. Could it have been avoided? How? Can scope creep be a good thing? When? What can organizations do to successfully manage inevitable changes in scope that are good for business? IT projects within the UK health care industry suffer the most from Scope Creep; which they rarely meet the needs of users and stakeholders. This is why they are almost always significantly over budget in a project. It could be avoided by never forget what your project scope is. Everyone will try to get you to make seemingly small scope changes; which you should not do and get a Project Scope Statement that is approved by all Project Stakeholders during the project initiation. It can be a good thing, if you realize a better way to  scope the project or make a better product than your competitor and the client finds out that the company has capabilities; which the client was not initially aware of and the client learns new details about a competing product. With this knowledge, the client presses for changes to the project, often at little or no additional cost. The project manager effectively manages change by maintaining the appropriate balance between control and discipline to manage to the baseline plan, and flexibility to adapt the plans to meet customer expectations. In addition to, using project metrics to monitor and identify creep. 7.Why do you need a good WBS to use project management software? WBS helps to more accurately and precisely define and organize the scope of the total project. What other types of software can you use to assist in project scope management? Microsoft Project – is a large, powerful, and widely used package that offers a ton of planning functionality. Omni Plan – is a similar to Microsoft Project, but smaller project-planning package for Macs. Dream Team – offers project-planning tools combined with more collaborative task- and document-management functionalities. Gantt Chart – a type of bar chart that illustrates a project schedule. Gantt charts illustrate the start and finish dates of the terminal elements and summary elements of a project. Terminal elements and summary elements comprise the work breakdown structure of the project.