Essay --

In mijn essay behandel ik het boek het Maatschappelijke verdrag van Jean-Jacques Rousseau. Ik heb voor dit boek gekozen, omdat Rousseau mij heel erg interesseerde toen ik hem tegenkwam in handboek 2, het oog in de storm geschreven door Ellen Geerlings. Ik was vooral aangetrokken door zijn denken over de staat, omdat ik mijzelf al lang afvraag waar het naar toe gaat met deze maatschappij waar wij nu in leven, en zo kwam ik bij het Maatschappelijke verdrag terecht. Rousseau is geboren in 1712 te Genà ¨ve. Zijn moeder overleed kort na zijn geboorte en zijn vader leerde hem lezen en schrijven op goed niveau. Op zijn 17e bekeerde hij zich tot het katholicisme. En hij gaat naar Parijs in 1742. Zijn interesse naar de filosofie kwam in zijn 37e levensjaar toen hij de opstelwedstrijd: â€Å"Welke bijdrage heeft de versterkte positie van wetenschappen en kunsten geleverd aan de verfijning der zeden?† won en daardoor in 1 klap een beroemde schrijver is. Zijn interesse voor de filosofie groeit. Hij keert terug naar Genà ¨ve en wordt weer protestants. De plotselinge aandacht die hij kreeg maakte het moeilijk om zijn visie weer te geven. Rousseau is een contractdenker, die de ongelijkheid in deze maatschappij ziet als een voortbrengsel van cultuurhistorische teruggang, doordat bezit en liefde naar onszelf toe ingang hebben gevonden in een meer oorspronkelijke natuurtoestand van samenleven. Er is een verschil tussen mensen die in de natuurtoestand leven en tussen mensen die leven in de maatschappij. Iemand moet de stad gaan bewonen en voordeel doen, en niet doen wat de rest van de stad doet. Rousseau zijn denken in het algemeen is dat de mens terug naar de natuur moet om helemaal vrij te zijn, maar hier bedoelt hij niet mee dat mensen weer in het wo... ...us gevormd door een ieder die zich aan dit Maatschappelijke verdrag houdt. De staat zijn dus dezelfde mensen als de Soeverein. Dus de burgers bepalen wat ze willen en dan zijn zij ook de onderdanen die doen wat zij zelf willen, dus die de algemene wil volgen. Hierdoor ontstaat er voor iedereen vrijheid, omdat iedereen doet wat hij/zij zelf bepaald heeft. Er ontstaat natuurlijk ook zelfbehoud, omdat iedereen bepaald heeft en het dan ook iedereen zijn verantwoordelijkheid is dat elk individu beschermd wordt tegen aanvallen. Datgene wat de burgers (soeverein) bepaald over het belang worden wetten genoemd. Hierin staat de vrijheid van het volk en dit zijn geen wetten die de vrijheid willen beperken. Dit is volgens Rousseau ‘’de enige menselijke vorm die de vrijheid kan aannemen wanneer men het zelfbehoud als uitgangspunt neemt’’ (blz.20 Het Maatschappelijke verdrag) .

The Effect of Exclusionary Rule and Fourth Amendment

The Effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their own power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law (Ronald 605). The Constitution does not tolerate warrantless, therefore illegal, police searches and seizures–unless there is probable cause. The rights which the Fourth Amendment states were strengthened when the Supreme Court preceded the Exclusionary Rule, and herefore, the rights of the people were strengthened as The Exclusionary Rule, first preceded in 1914, is the understanding, based on Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process, or it will not be allowed as evidence (Schmalleger 273). Even the guilty have a right to claim innocence. Hence, this right would be worthless if incriminating evidence was allowed to be obtained, distributed, and used illegally. Furthermore, according to the Supreme Court, â€Å"If letters and private documents can thus be seized and held and used in evidence gainst a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be sure against such searches and seizures is of no value, and, so for as those thus placed are concerned, might as well be stricken from the Constitution† (Ronald 605). If that â€Å"tainted violence† can be used in court, then the 4th Amendment offers no real protection to a person accused of a crime (Magruder 524). The exclusionary rule was intended to put teeth into the 4th Amendment, and it has (Magruder 524). The Court further built upon the rules concerning evidence in 1918, with the Fruit of the Poisoned Tree Doctrine-a legal principle which excludes from introduction at trial any evidence later developed as a result of an originally illegal search or seizure (Schmalleger 274). The Fruit of the Poisoned Tree Doctrine was enforced after the case of Silverthorne Lumber Co. v. United States in 1918. Frederick Silverthorne and his sons were accused of avoiding payment on federal taxes. They were asked to hand over their company's books. The Silverthornes refused, citing their Fifth Amendment privilege against self- incrimination (Schmalleger 274). Shortly thereafter, some federal agents ignored their rights and without warrant, eized the wanted books anyway. Since this was an unconstitutional act, the Silverthorne's lawyer testified and asked for the books to be returned. The prosecutor granted his request, and the books were returned. Expecting all incriminating evidence to have descended, the Silverthornes where testified in trial. Much to their surprise, however, the prosecution had made photocopies of the books they seized, and used them as evidence against the Silverthornes. Hence, they were convicted in federal court. They appealed their conviction and their appeal reached the Supreme Court. The Court uled that just as illegally seized evidence cannot be used in a trial, neither can evidence be used which derives from an illegal seizure (Schmalleger 274). The conviction of the Silverthornes was overturned and they were set free. The illegal evidence reproduced from materials obtained by an illegal seizure dismissed the whole case because the prosecutors did not follow the Fruit of the Poisoned Tree Doctrine. Think of it this way: If you have a box full of apples, and then you put a rotten one in the bunch, they will all become rotten at some point. Hence, all the evidence–fruit–obtained from an illegal mean–poisoned ree–is not admissible even if the evidence itself is good† (Gomez interview). Even if a case is developed on years of police research, it may be dejected if that research and the evidence it revealed was obtained Like the Constitution, however, the exclusionary rule is not written in stone. It can be amended and exceptions can be installed to it. In the case of United Sates v. Leon in 1984, the exclusionary rule was first modified with â€Å"the good faith exception to the exclusionary rule. † This exception states that law enforcement officers who conduct a search, or seize evidence, on the basis of ood faith (that is, where they believe they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still use, in court, evidence seized as the result of such activities (Schmalleger 277). In the Leon case, the officers involved acted upon probable cause, a legal criterion residing in a set facts and circumstances which would cause a reasonable person to believe that a particular other person has committed a specific crime (Schmalleger 277). The suspect, Leon, was accused of trafficking drugs. He was placed nder surveillance, which showed evidence of large amounts of hidden drugs. This lead the investigators to apply for a search warrant. They believed that they were in compliance with the Fourth Amendment requirement that â€Å"no warrants shall issue but upon probable cause† (Schmalleger 277). Although Leon was convicted of drug trafficking, a later ruling in a federal district court resulted in the suppression of evidence against him on the basis that the original affidavit, or document demonstrating the probable cause, prepared by the police had not, in the opinion of the court, been sufficient to establish probable cause (Schmalleger 277). Shortly after, the government petitioned the Supreme Court to decide if the evidence gathered by the officers may still be admissible in trial. The Court decided: â€Å"When law enforcement officers have acted in objective good faith or their transgressions have been minor, the magnitude of the benefit conferred on such guilty defendants offends basic concepts of the criminal justice system† (Schmalleger 277). Due to this, Leon's It is no doubt that over the past few decades more and more justice agencies have become dependent upon computer technology for record management and other purposes (Schmalleger 282). Hence, the likelihood of omputer-generated errors will vastly grow When this trend continues. Computer-generated errors have become the base of another exception to the exclusion rule, the â€Å"computer errors exception. † It was first created in the 1995 case of Arizona v. Evans. Mr. Isaac Evans was stopped for driving the wrong way on a one-way street. With a computer check reporting an outstanding arrest warrant, he was taken into custody. Shortly after, Evans was convicted due to the police finding marijuana in his car. After his arrest, however, police learned that the arrest warrant reported to them by their computer had actually been quashed a few eeks earlier but, through the clerical oversight of a court employee, had never been removed form the computer (Schmalleger 282). The Court later decided that the officers who made the arrest cannot be held accountable for their unintentional disobedience of the exclusionary rule. They were simply acting in good faith according to the information that was provided to them at the time. Isaac The Supreme Court's articulation of the exclusionary rule came in Weeks v. United States, 1914. This was the first landmark case concerning search and seizure and it changed to Fourth Amendment forever. The defendant, Mr. Freemont Weeks, was convicted for selling lottery tickets through the US Postal Service. The evidence against him included various letters and documents that had been seized from his house during a warrantless search (Ronald 604). When Weeks moved for a return of the property due to the violation of the Fourth Amendment in the officers' part, only the non-incriminating evidence was given back. Hence, Weeks was convicted. However, shortly after, he appealed his conviction and it reached the Supreme Court. There, his lawyer reasoned that if some of his client's belongings had been illegally seized, then the emainder of them were also taken improperly (Schmalleger 273). The Supreme Court reversed: â€Å"The United States Marshal could only have invaded the house of the accused when armed with a warrant issued as required by the Constitution, upon sworn information and describing with reasonable particularity the thing for which the search was to be made. Instead, he acted without sanction of law, doubtless prompted by the desire to bring further proof to the aid of the Government, and under solor of his office undertook to make a seizure of private papers in direct violation of the constitutional prohibition against such action. Under such circumstances, without sworn information and particular description, not even an order of court would have justified such procedure, much less was it within the authority of the United States Marshal to thus invade the house and privacy of the accused† (Ronald 605). The Court held that the seizure of items from Week's residence directly violated his constitutional rights and that the government's refusal to return Week's possessions violated the Fourth Amendment (Oyez). Thus, the Supreme Court overturned Week's earlier convictions and the However, the Weeks case made the exclusionary rule pertinent to only the federal government. It was not until Mapp v. Ohio that it also became applicable to the States. Miss Mapp and her daughter by a former marriage lived on the floor of the two-family dwelling (Case 1). Police officers had been on her trail because she was suspected of obscuring, in her house, a man wanted for information on a recent bombing, and for the possession of lewd books and pictures, which was unconstitutional (Supreme 1081). When the officers insisted on entering her home for investigation, she refused, asking them to get a warrant first. The officers advised their headquarters of the situation and undertook surveillance of the house (Case 1). Some three hours later, a larger amount of officers arrived at the scene. When they asked her to come out once again and she repeatedly refused, one of the doors in her house was forcibly opened and the policemen commenced their illegal search in the house. Miss Mapp's lawyer arrived shortly after but the officers, having secured their own entry and continuing their defiance of the law, would permit him neither to see Miss Mapp not to enter the house Miss Mapp continued to protest this illegal act and demanded to see the search warrant. One of the officers help up a fake one, which was snatched from his hand by her and placed in her bosom. As a result, there was a big struggle and she was handcuffed. Afterwards, she was forced upstairs where the investigators searched her closets, dressers, rooms, the rest of the second floor, the child's room, the living room, the kitchen, and a dinette. During that widespread and illegal search, the materials which she was suspected of holding were found, Prior decisions by the U. S. Supreme Court had led officers to expect that the exclusionary rule did not apply to agents of state and local law enforcement (Schmalleger 275). Nonetheless, Mapp's conviction was overturned by the precedent-setting decision that the officers were acting gainst the Fourth Amendment's guarantee that the exclusionary rule should be applicable to the States: â€Å"†¦ or shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. † (Schmalleger 275). The majority court's opinion, as Mr. Justice Black states, was that the constitutional basis of the rule announced by the Court in the present case was the Fourth Amendment ‘s ban against unreasonable searches and seizures considered together with the Fifth Amendment's ban against compelled self- ncrimination (Supreme 1081). Thus, the exclusionary rule The exclusionary rule's precedent brought forth two argumentative problems, however. One of these problems if that the present appeals system, focusing as it does upon the â€Å"rules of the game,† presents a ready-made channel for the guilty to go free (Schmalleger 273). â€Å"If you think about it, the evidence needed to prove a person guilty of a crime is, to my understanding, enough the confirm the person's culpability, and that person should be punished nonetheless. It shouldn't matter whether or not the arresting officer(s) acted unconstitutionally, in which ase, both the criminal and the officer both should be punished. A person's â€Å"guilt† can never be decreased because of the misconduct of another (Gomez interview). Weeks, Mapp, and the Silverthornes are all examples of this problem. The evidence used to incriminate them, whether obtained legally or illegally, prove that they are guilty of disobeying the law in one way or another. Even if the police knowingly violate the principles of due process, which they sometimes do, our sense of justice is compromised When the guilty go free (Schmalleger 273). As police officers, it is their duty to make sure that the guilty are punished. The exclusionary rule somewhat gets in the way of this responsibility. Of course officers should not take advantage and act recklessly, â€Å"but desperate times do call for desperate measures (Gomez Despite these problems, the exclusionary rules has obviously had some positive effects and changes on society. The Fourth Amendment is a very important and critical one in maintaining citizens' property and privacy theirs and the exclusionary rule has established real value to it. The Exclusionary Rule has been justified in part on the ground that it is essential to prevent the fourth amendment from becoming â€Å"a form of words, valueless and ndeserving of mention in a perpetual charter of inestimable human liberties† (Ronald 604). Also, the Weeks, Mapp, and Silverthorne cases are all examples of the exclusionary rules protection against police misconduct. â€Å"Just because they're the boys in blue does not mean that they can be the boys who abuse (Gomez interview). † As an American citizen, and thanks to the exclusionary rule, one has the right to object against illegal searches and seizures. The exclusionary rule In conclusion, the exclusionary rule totally revolutionized the power and rights against invasion of privacy and police misconduct.

A Critical Analysis Of The Theory Of Endosymbiosis And It...

A critical analysis of the Theory of Endosymbiosis and it’s supporting evidence Abstract Introduction The endosymbiotic theory is an evolutionary theory explaining the origin of Eukaryotic cells from Prokaryotic, and is at present; the most widely accepted evolutionary theory of the Eukaryotic cell. The theory explains the origins of mitochondria and chloroplasts and their double membranes, suggesting that chloroplasts and mitochondria represent formerly free-living bacteria that were taken into a cell as an endosymbiont. Molecular evidence suggests that mitochondria developed from proteobacteria and chloroplasts from cyanobacteria. It is thought that the Prokaryotes may have entered the host cell as a parasite or source of nutrient for the host, however avoided digestion. The primitive chloroplast may have provided the host cell with crucial nutrients, and the primitive mitochondrion may have aided the exploitation of oxygen for the extraction of energy. In return the host cell offered a protected environment for the Prokaryotes to live in. This was the beginning of a symbiotic rela tionship between the primitive chloroplast and mitochondria, and the Eukaryotic cell. The theory was ridiculed for years due its controversial nature, however in 1967 Lynn Margulis, a biologist from Boston University, developed the modern Serial Endosymbiosis Theory. Primary Endosymbiosis vs. Secondary Endosymbiosis Primary endosymbiosis involves the engulfment of a bacterium by another

HIV Infections in African American Males Essay - 1436 Words

HIV infections in African American Males have been a national growing problem since the early 1990’s. According to CDC, in the United States, there are more than 1 million people living with HIV. 48 percent are afro American males between the ages 13-44(CDC, 2007). It is estimated that around 1 million people in the United States will be diagnose with HIV in the up coming year with the lifetime risk of becoming infected is 1 in 16 for black males (CDC,2007). However, there is growing concern about the disproportionate increase of HIV among adolescent African American males ages 13-19. These adolescent males count for 37 percent of the cases, which double their representation in their general population. Although, Poverty is a major†¦show more content†¦Since the Trans-theoretical model framework is one of the leading intervention for behavior change (Hayden, 2009, p65). To better motivate behavior change towards condom use, a school wide Condom Education Program can be useful when tailoring a group’s intervention that will meet the target population stage of readiness to change regardless of the behavior of focus. The North Carolina Healthy Living Standard Course of study has objectives for growth and development, puberty education, sex education and prevention. Any African American male attending these schools has been educated about HIV causes and prevention. Since, they know the benefits of using condom as a protection and even considering changing. To better approach their behavior change toward condom use, the four most useful constructs are contemplation, preparation, action and self-efficacy. Although, (NIH, 2007) reports that condoms have reduce HIV Transmission by 87-95 percent. To get these African American male students from seeing it to exploring condom use as an option or a benefit is contemplation. 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Produce a Report to Demonstrate Your Knowledge and...

B2 Produce a report to demonstrate your knowledge and understanding of different theorist of development. This report should identify how these theorists have influenced current practice. Cognitive Piaget developed the theory of stage development; he had based his theories on his children by carrying out detailed observations where he came up with four stages in each process. But he believed a child had to be at a certain age to learn something or they simply couldn’t learn it or know it. I believe he underestimated children’s abilities and knowledge. The first stage was called sensorimotor stage- in this stage children learnt through using their 5 senses, touch, taste, smell, seeing and hearing. He believe they understood that the†¦show more content†¦Even though Freud had been discredited for his work because theorists believe his work unrealistic, I understand his way of thinking and believe he was correct about the way the brain is sectioned in to 3 different parts. 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Queen Mab Speech Essay Example For Students

Queen Mab Speech Essay Wenesday November 6, 1996Queen Mab Speech Revised DraftI see that Queen Mab has been with you. She is the faries midwife, and her body is no bigger than agate stone that is on index finger of a alderman. She is drawn from a team of small atomies over mens noses as they sleep. Her spokes are made of long spider legs, the cover is made from the wing of a grasshopper and her traces is the smallest of spider webs. Her collar is made of watery moonbeams, her whip is a cricket bone and her lash is made of a light film. Her driver is a small grey coated gnat, not half as big as a little round worm. That has been picked off the fingers of a virgin. Her Chariot is a empty hazel nut, made by the joiner squirell, they have been the coach makers for the faries. She goes through lovers brains, making them dream of love. Galloping over courtier knees, that they may dream proper curtsies and over lawyers fingers, who dream of money. She gallops over ladies lips, who dream of kissing their lovers. This angers Queen Mab, plaguing thier lips because they are tainted with sweetmeats. Sometimes she comes over a courtiers nose. Who dream of the desire to gain office with the king, and sometimes she may come with a pigs tail, tickling parsons noses as he/she sleep. Then he dreams of another lucrative church appointment. Sometimes she gallops over a soliders neck, he then dreams of cutting foreigh thoats, give farthoms deep. Then she drums in his ear, at when he wakes up frightened and says a prayer or two. Then falls back asleep. This is the same Queen Mab that knots the horses mane at night. That mats and cakes the tangles in your hair, said to be put their by elves, once untangled, misfortune will occur. This is the burden of all virgins, when ladies lie on their backs she makes them learn how to bear children. This she is .Category: English

Educational Technology and Other Learning Resources free essay sample

One of the biggest concerns that have been aroused in academic sittings is the presentation of appropriate educational resources. Perhaps so, this paper will discuss my understanding of educational resources I have learned reading chapter 11 of Jeremy Harmer 2010. One of the things that I learned from this chapter is that not academies use the same resources to present suitable ideas, facts, and skills that are to develop students’ knowledge of the world or to enhance the inborn abilities of students in field of education. In addition, different means such as projectors, laptop computers, Audio players, electronic whiteboards and overhead screens, textbooks, are used to display arranged teaching information in classrooms all around the world; moreover, I also learned about some other classes that are designed without all these resources. Thus, in this kind of classrooms the instructors simply approach the class, for example, with a picture or He/She can take on students through their own thoughts and experiences that bring from outside the class. We will write a custom essay sample on Educational Technology and Other Learning Resources or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In classrooms where instructors design lesson plans based on using simple objects like picture, posters and flash cards, it is critical to consider whether or not students respond effectively. I realized that some students do not respond when they are provided with simple means as teaching materials, because they think that they are being treated childishly. So, it is important to stimulate students’ interest according to what they like to deal with. After reading this chapter, I learned that there is always a better way to project a successful classroom lesson. I was always thinking about the textbooks with large tittles and confusing activities at the end of each chapter. It was not easy for me to think of how I can present or teach this kind of textbooks if I will become a teacher. Now, I learned that a teacher would simply change the activities and ignore confusing large tittles and even He/She would replace the textbook with another textbook. I also learned different ways of finding information from dictionaries, encyclopedias and online. Dictionaries usually present information about particular items in clear and concise forms, and encyclopedias present classified information about every possible topic. The information that is taken from a side online is not alwayscredible, so I learned first to find out if the side is credible and then decide if I can use it as a source of information for my student. In conclusion, I learned that there are many sources of information that can be used in classrooms; however, teachers should be careful about students’ reaction about the information they want to present as teaching materials. If the procedure that is not suitable with students’ interest would not result in an effective lesson in academic campus.