Criminal Law Term Essay Example | Topics and Well Written Essays - 750 words

Criminal Law Term - Essay Example He was released the next day when it was confirmed that he had paid the fine. He sued BCJ and ECCF under 42 U.S.C. Â § 1983. The case1 primarily challenged the authority on his rights under Fourth Amendment to strip search procedure on minor offense. The court upheld the appeal that strip search in minor offense violates the individual’s rights under Fourth Amendment. This verdict was reversed by the Unites States Supreme Court in 2012 and allows law authorities huge leverage to conduct search, including strip search even for minor offense. The court verdict was supported by 5-4 majority. Issue The main issue is that of rights granted to citizens of America under Fourth Amendment which challenges jail authorities to conduct strip search of individuals arrested for minor offense without solid reasons. The privacy rights of individuals are therefore at stake. Rule 42 U.S.C. Â § 19832, popularly known as Section 1983, provides citizens of United States, as injured party in the court of law, to sue and claim redress for violations of their rights, privileges and immunities as granted by the Constitution and Laws of the nation. The Fourth Amendment3 promotes privacy rights and explicitly forbids search of individuals including in their persons, house, paper, and effects that violates rights to be secure and says that no warrants shall be issued unless supported by oath and affirmation. Thus, authorities can conduct search only when they have reasonable suspicion or affirmation to the facts that individual has violated the law. Analysis The case is important because it questions the validity of Fourth Amendment and defines the parameters of rights of citizens under it. The verdict supported strip search. The petitioner contended that minor offense, which actually did not apply, was not sufficient reason for the humiliating strip search that he had undergone twice within a period of seven days in Burlington jail and Essex correctional center. The section 1983 and the fourth amendment, both call for reasonable suspicion for search. Indeed, rights if citizens under Fourth Amendments has been controversial for long. Supreme Court has yet to analyze and define the reasonable clauses that justify rights of citizens under Fourth Amendment for strip searches in jails and detention centers4. In Florence v. Board of Chosen Freeholders of the County of Burlington, the Supreme Court verdict upheld the legitimacy of strip search and declared that detention centers must have substantial power so as to maintain safety and order in the place. They also maintained that the threat of contraband being brought inside the jail or detention facilities is critical issue that substantially outweighs the privacy interests of the detainees or the petitioner. It can be argued that reasonable suspicion is important ingredient that needs to be considered within the wider scope of fourth amendment and was also considered in this case. The petitioner was already onc e arrested in 1998 in Essex for fleeing police and charged with obstruction of justice and use of deadly weapon. He was fined when he pled guilty. In 2005, he was arrested for defaulting in the fine, which was already paid but somehow not updated in the record. The petitioner was not searched in the police station but in the Burlington jail when was to share his cell with others. Thus, for security purpose, the search was necessary. Indeed, as

Litigation involving Microsoft Corporation Essay

Litigation involving Microsoft Corporation - Essay Example Microsoft is the biggest provider of computer operating systems that facilitate communication and control of an individual’s personal computer. Microsoft also supplies other famous computer programs. Sales that come from the Microsoft software are huge and it is evident that the company is an energetic and a tough competitor. The complexity of determining competitive behavior from the anticompetitive acts is demonstrated by the Microsoft antitrust case. U.S. Department of Justice filed the case and it accused Microsoft Corporation of a variety of anticompetitive practices (Baumol and Blinder 268). The Microsoft antitrust case brings out many issues such as abuse via bottlenecks and bundling. Abuse via bottlenecks can be illustrated by the dominance of the Microsoft Windows. Microsoft Windows is an operating system that is used in almost all the personal computers. Microsoft Windows is a good example of a problem or an issue that is referred to as bottleneck; bottleneck is a pr oduct or a facility that is in the possession of a single company without which the competitor find impossible or difficult to operate. In order to reach majority of the personal computer users, the producer or manufacturer of any spreadsheet, graphics program or a word processor must make use of Windows. It is important to note that there is less likelihood that the competitors or alternative to Windows might capture a large share of consumers. (Baumol and Blinder 280). The existence of the bottleneck is in part due to the fact that Microsoft is largely considered as a good program and its user compatibility is considered desirable. There is need for communication between computer users and this can only be facilitated when they use the same or similar operating systems. In other words, there must be an existence of a network between the users of the computer products for them to be able to communicate effectively with one another and thus, the necessity for compatible software. Su ch a preference offers Microsoft a huge advantage, â€Å"because it already has so many users that a new purchaser who values such compatibility will be reluctant to buy a competing product that will make it more difficult to communicate with those many users of the Microsoft products† (Baumol and Blinder 280). The bottleneck problem or issues arises because Microsoft supplies both the Windows and most of the applications such as Internet Explorer (an internet browser), Excel (this is a spreadsheet program), and Word (this is a word processing program). However, it is worth noting that it is not illegal to become the owner of a bottleneck (Baumol and Blinder 280). The worry about the bottleneck owner (such as Microsoft) is that it uses its bottleneck product (that is, Windows for Microsoft) in a manner that it favors its programs and impairs programs supplied by the competitors (Baumol and Blinder 281). Bundling is described as the pricing agreement under which a substantial discount is offered by the supplier to the consumers if they purchase various products from the firm, â€Å"so that the price of the bundle of products is less than the sum of the prices of the products if they were bought separately† (Baumol and Blinder 281). Bundling can be either legitimate or illegitimate. Microsoft has sponsored its products through the provision of cheap products to computer manufacturers if they purchase Microsoft programs bundles rather than purchasing Windows alone. This form of practice indicates that the rival manufacturers of Internet browsers, spreadsheets, and word processors are disabled in promoting their products to personal computer owners (Baumol and Blinder 281). There are questions regarding the legitimacy and illegitimacy (for

Bruises on Lillian-Jean Essay Example for Free

Bruises on Lillian-Jean Essay Hans it like a strategic carefully manoeuvred battle, getting advice from her father. She also gets Big Ma, her grandmother to braid her hair so Lillian-Jean could not pull it in the fight. For a 9 year old she is very bright and discerning, as she leaves no marks or bruises on Lillian-Jean, so there is no evidence for anyone to accuse her of the beating. Cassie gets full satisfaction as she gets Lillian-Jean to give her a full apology; excusing her and her family for all the ill treatment they had given her family. I also feel that Cassie learns to be prudent in order to protect her family and her community. Harsh experience such as the incidents in Strawberry, have taught her to defend herself with intelligence and skill. A whole train of events led up to the exciting climax: the family were having financial difficulties because of Mr Logans injury, so they are entirely dependent on their crop. However, in order to deflect attention from TJ, Mr Logan sets fire to the crops. Soon after the fire, Cassie realised that Papa had set fire to the crops, sacrificing a quarter of the Logan cotton crop to save TJ. At this point, Cassie gains awareness of how vital it is that she keeps such information to herself. Had she been her former, outspoken self, her whole family would have suffered greatly as a result. Despite Cassies more obvious traits of thoughtlessness and outspokenness, she can also be extremely sympathetic and understanding. This is evident in her relationship with TJ whom she really does not like. Cassie dislikes his attitude of believing he is superior to his fellow citizens. Like Cassie, he fails to comprehend at that point in life where his status lies. Over time, TJ constantly betrays the Logan family. He is deceitful and he causes Stacey to fail his class test. Also, he instigates the loss of Mrs Logans teaching job and finally requires the familys help in the end, in his time of need. Although Cassie imagines all of the bad things that she would like to happen to him because of the hurt he had caused her family, she sympathises with the agony that he and his family were to encounter after his stupidity. As well as being outspoken, Cassie is a sensitive character who shows great consideration for others. This is evident in her relationship with Jeremy. Jeremy is a local white boy who wants to befriend the Logan children. However, relationships between Black and White children are strongly frowned upon, and so great awkwardness surrounds this situation. At one pint in the novel, Jeremy delivers some Christmas gifts, but is quickly dismissed by Mr Logan. As he dejectedly slides out of the door Cassie shouts, Merry Christmas, which makes Jeremy smile. Instinctively she knew how to make him feel better. As we progress through the novel Cassie begins to grow up, becoming wiser and realising that she has to take risks in order to defend things that are important to her. However, she is most careful in her risk taking and tries to reduce the danger to herself. Cassie learns the value of not telling everybody, everything she knows. Her mature attitude comes across effectively in the TJ incident. Once, Cassie would have wanted to know the whole story about TJ Averys run in with the law. At that point she knows that it was something her brothers did not need to know, as it would only frighten them. Cassie realises that if the boys need to know, her Mother and Father would inform them of the details, as it is not her place to frighten them. Cassie demonstrates that, despite her earlier outspokenness, she has learned to accept her status in society. Throughout the novel, Cassie goes through the same experiences as many adolescents, such as parental conflict and the desire for independence. However, as a young Black girl growing up in the prejudiced Deep South of America during the 1930s, she also experiences unwarranted hardships due to her colour. During the course of this novel, Cassie learns to deal with these hardships, and as a result she matures very quickly. This maturity comes at a price, for Cassie she learned that she must sacrifice honesty and dignity in order for her and her family to survive. Gemma-Louise Nicol 5R1 Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Mildred Taylor section.

Strategic analysis of Marks and Spencer

Strategic analysis of Marks and Spencer Marks Spencer is one the UKs leading retailers, having 600 stores in home country and more than 200 stores across the globe. Michael Marks started the penny bazaar stall at Leeds in 1884. After Michael Marks Simon Marks became a chairman of MS in 1926 to 1964. MS is well known for its quality and styles (Hawkesby, 2008). MS Analysis Value for money:- In 1884 when Michael Mark started a business, he did not have a good command on English language so he had a sign on his stall: Dont ask the price- Its just a penny. In 2009 MS chairman Sir Stuart Rose launched three days return of penny bazaar. During these three days 20 selected items were sold at 1p at 300 MS branches (Sibbles Carter, 2009). The main point is can that slogan work in todays competitive market? It cannot work in todays market. MS is one of the UKs largest retailers. It sells various items in its stores. The cost of production of these goods is not same so they cannot sell their goods on same price like Michael Marks was selling in 1884. Even if they diversify the profit earn from the other good to the other goods, which will not help them to achieve break even sales. For example profit on milk cannot set up the loss on selling of bread. Now a day all rivals of MS are trying to achieve lowest production cost. All are trying to put more value for money for their prod uct by obtaining maximum benefit with the less use of resources. Value for money does not mean reduce spending but it can be achieved in diverse ways with: Reduce cost Reduce inputs Get more improvement in product quality Increase output with less input of raw material Marks Spencer is to position itself as a value for money brand, and admits it has too expensive. Prices will come down as it encourages suppliers to source more products abroad. In todays tough competition MS is trying to put more and more value of money in their products. To reduce cost of goods, they suggest their supplier to import goods form the other countries. They have improved their inventories and logistics. Resources and core competences: Physical resources: Each organisation has same resources as its competitors have but the way it manages use their resources differentiate from others. For example MS is having the same store sites in UK as Tesco, Sainsburys and ASDA have. MS is having following physical resources: Value for money product: By the use of appropriate resources MS has got the good value for its products. Today they have their own brands which are very popular in todays competitive market. They are continuous trying to develop their products that will help them to survive in the retail industry. However most of their suppliers are UK based so they are still facing product cost problems. Own brands products: MS is using their own brand name for each and every product. They have achieved good quality standards. They are the first retail chain which sells their own brands. They do not world famous brands in their stores like Coca-Cola, Nestle, and Cadbury etc. Despite of selling own brands they have maintain their quality standards. However it is quite difficult for some loyal customers of MS to buy other popular brands in MS stores. They have to go to other retailers for purchase other than MS brands. This is quite unrealistic in todays cut throat competition; it results many of MS loyal customers switch over to its rivals such as Tesco and Sainsburys. Store sites and store displays: As we know Marks Spencer has established long time ago, they have found that many of their stores are too small. They have planned to expand their store area by converting their stock rooms into floor area. That brings new logistic problem. They have found new solution as a satellite stores. They have started to distribute stocks to small braches from the main branch. However they have long range of food products it is very difficult to manage these perishable food items without stockrooms. Core competences: Core competences mean some factors which differentiate a product or a brand from others. As we know Marks Spencer has long range of products produced under its brand name. The quality of product is better than the other brands. They always try to provide more value of money to its customer. Strategic vision and organisation culture:- Increases the markets share in UK with own product and with own unbeatable quality standards is the main vision of Marks Spencer. It had much more autocratic organisation structure. However it has been changed with the time change. Now the organisation structure has been transfer to flatter organisation structure. The member of staff can take quick decisions when its required and it provides more accountability (The times). SWOT of Marks Spencer:- Strengths: MS is using its own brand name with the wide product range. St Michel brand is very popular, used for cloths and food product. It has competitive prices advantages, it has increase overseas important. It has expanded its business not only in UK but all over the world. With their own brand name they booked pre tax profit of  £1bn in 1988 (Hawkesby, 2008). It has very favourable location on high street which attracts more and more customers. It has some particular group of loyal customers. MS has strong work force and skilled staff. New changes by new chief executive Roger Holmes brings new opportunities in retail business. Tighter staffing level increase operational funds. Weakness:- In todays cut throat competition, MS is struggling with the high cost of production. Its focusing on particular class of society which narrows the scope of number of customers. Weak logistic reduce the availability of goods and products. Reduce the number of staff results poor customer service. Depends on local supplier results high cost of production. Tough competition in food market such as Tesco, Sainsburys and Asda enter in fast and frozen food market. In 2008 its over all sales were 6.2% down and even though inflation in grocery products its food sales were down by 4.5% (Finch, 2008). Opportunity:- MS can diversify their business like other retailers have done e.g. Tesco mobile, Tesco finance, Sainsbury finance etc. With diversification Marks Spencer can expand their area of business and they can transfer the profit earn by different sectors. MS can increase the number of products with its famous brand name St. Michel. MS can go for the franchisee to increase their number of customers and it will help them to increase the share of in market. Threats:- MS has started to sell other brands in their stores which may reduce the popularity of their own brands. If MS will try to diversify their business it may creates shortage of funds. MS has closed down many of their stores due to raise the funds which may cause the negative effect on their share prices. Due to closing down some stores, it will lose market share. PESTEL of Marks Spencer :- Political:- Marks Spencer has been operated in more than 40 countries. It is highly influenced by the political changes in these countries, e.g. if the government of UK changes immigration law than it may be affect MS migrant staff. Now a day the governments inspires retailers to offer mix job of flexible, lower paid and locally based jobs to highly skilled, higher paid and centrally located jobs (Balchin, 1994). Economical:- UK economy is developed economy, per capita income is more than the other developing countries. It is favourable factor for MS. however the cost of production is also high in UK that is unfavourable factor. It reduces the margin of profit of the company. Social:- The population of UK is growing slow and the number of working women is increasing it boost sales of MS food products. UK is the fashion hub that means there is a great opportunity of branded and stylist clothes. Technological:- Online shopping is taking place of store chopping which can reduce the investment cost in new stores. Self-checkout tills are available to reduce queue time. Environmental:- Now a day more and more retail stores are using recycled bags and packing materials which cost is very less and they are getting cost benefit from. The environmental laws are also very strict in UK. Legal: UKs labour law is very strict rather than other countries. It strictly follows human right laws in which employees can be protected from the employer. Question 2- MS before 1990 Success of MS strategy:- Simon Marks put MS on the new level of growth. During his leadership many strategic changes has been made such as diversification. They have product rages not only in food products but also in clothing, groceries etc. He introduced todays popular St. Michael brand name. It differed the MS from its competitors. The expansion program had been taken placed which expand store area. However with this expansion several problems occurred like logistic problem. They were expanding their business at international level. Porter 5 forces:- Threat of new entrants:- The UK food market is dominated by very less competitors like Tesco, Asda, Sainsburys and Marks Spencer. Out of these companies Tesco is having monopoly in UK retail industry. The entry barriers in food industry are very tough in UK because of health and safety law. However in clothing industry, there are so many competitors in UK like NEXT, River Island etc. MS are the only one who does food and branded clothing together. Bargaining power of suppliers:- It should be noted that MS is relying on very few UK based suppliers which increases suppliers bargaining power which results high cost of products for MS. therefore MS is planning to source products from abroad at cheaper rate. Asda is having huge bargaining power with its supplier because it imports goods form overseas. Bargaining power of customers:- In UK food and clothing industry the customers are having nice bargaining power. In UK customers believes in bulk shopping. If they find some products very cheaper in one store they will but other products from same store. MS is having monopoly in its food quality and its clothes are very fashionable and trendy clothes which are customers favourite. Other super markets are expanding their business in banking, pharmacies etc. e.g. Tesco finance and Tesco mobile. That will increase customers bargaining power. Threat of substitutes:- Today competition is very tough in both food and cloth markets. MS is having its own St. Michael brand for cloths, in fashion industry fashion cannot sustain it changes when time changes. MS is having threat from its competitors in cloth industry. MS have to change their designs according to current fashion demand. Rivalry:- Rivalry increases if the number of firms increases. In UK there are very few super market chains existing. They all compete for the market share, the rapid food industry growth increases rivalry. On the other side food is a perishable good which increases the rivalry. MS, Tesco, Asda and Sainsburys all are trying their best to sell food products. On the other side in cloth marker MS have to face both super market competition and individual brands competition. Question 3- MS After 1990 Weak Strategy:- Despite of serving good quality of product, MS is losing its market share in retail industry. They have taken its eye off from the customers, it means they believe that if your image and reputation is good that means you satisfied your customers. On the other side its rivals Tesco and Asda increase the relationship with the customers. MS was much more relying in its suppliers to maintain good quality standards which results high cost of goods sold. MS is suffering from high cost of goods so it is very difficult to sustain its market share and it also increases the competition. MS was suffering from old fashioned clothes. It was popular for trendy cloths but now the time has been changed and customers needs highly fashionable clothes. Two new strategic approaches:- Stuart Rose the new chief executive of Marks Spencer has implied many changes after he joined MS. The former CEO Holmes has put 400 other brand products in MS to increase both sells and customers interest. However Stuart Rose is planning to cut the number of outside product to 100 which is not a wise decision (BBC, 2010). He is planning to refocus on MS brands but it should be noted that today there so many different brands are used by different customers. If he plans to imply this idea, MS may be lost his more market share in retail industry. His changes for cloth products are appreciable and it will raise the sales of cloths of MS. He should also think about unrelated diversification e.g. he can start MS mobile or in related diversification he can increase the number of food products. Conclusion:- As part of huge retail industry MS has to make some thorough changes in its strategy. It should have to sell other brand. This will help it to gain sustainability in this competitive market. It is very popular for its clothes and its food quality standards. These will help it to increase number of loyal customers. More and more products sourced from overseas will help it to compete in the price. Word Count: 2251

The Affects Of Sin On Man In The Scarlett Letter Essay -- essays resea

The Affects of Sin on the Individual in The Scarlet Letter   Ã‚  Ã‚  Ã‚  Ã‚  In the novel, The Scarlet Letter by Nathaniel Hawthorne, there is a reoccurring theme of the affects of sin on man. The three main characters, Hester Pryne, Arthur Dimmesdale, and Roger Chillingsworth, are all affected by the sin of Hester Pryne and Arthur Dimmesdale. Hester Pryne is strengthened by the sin, Arthur Dimmesdale is weakened by it, and Roger Chillingsworth becomes evil because of it.   Ã‚  Ã‚  Ã‚  Ã‚  The protagonist, Hester Prynne is, in essence, strengthened by the sin she commits with Arthur Dimmesdale. She turns the meaning of the letter â€Å"A† from adultery to able. She seeks redemption in the eyes of God and man through the good deeds she does for others. She becomes â€Å"self-ordained a Sister of Mercy,† who’s new role is that of a tender nurse to the colony’s ill(158). She asserts that fulfillment and love are worth fighting for, and she continues to walk about Puritan Boston with her head held high. However, the sin she commits has the opposite affect on her lover, Arthur Dimmesdale.   Ã‚  Ã‚  Ã‚  Ã‚  Weakness and frailty overcome the minister, Arthur Dimmesdale. Dimmesdale becomes an unknowing victim to Hester Prynne’s husband, Roger Chillingsworth. Chillingsworth maneuvers himself into an intimate friend and constant attendant to Dimmesdale. The worse Dimmesdale feels, the stronger he appears in the eyes of his congregation. He grows pale and thi...

Muslim Womens Rights: Misunderstood Essay -- freedom, education, caree

â€Å"And they (women) have rights similar to those (of men) over them in a just manner†¦ (Surah Al Baqarah 2-228) Islam is a religion of peace, equality, and tolerance. It discusses the issues of life regarding to politics, academics, social, economics, and spirits. In addition, there are also rights and obligations for men and women to act according to Islamic teachings for their prosperity in this world as well as in the eternal life. With respect to women’s rights in Islam, non-Muslims interpret the Islamic teaching in an erroneous manner due partly to lack of understanding; however, it is also partly due to bad conduct of some Muslims in Muslim countries. Non-Muslim society thinks that women in Islam have no freedom. Men are dominant and women are submissive to her father, brother, husband or son. According to Islamic teachings, Muslim women possess freedom. They have the right to acquire education, choose a career, and select a life partner. The first example was set by Khadija. She was the lady who liked Muhammad (P.B.U.H) and asked him to marry. Muhammad (P.B.U.H) accepted her proposal and married her. Indeed, they also have the right take Khula (the right of Muslim woman to take divorce from her husband in Islam) under the worst circumstances. Moreover, there are no restrictions for women to work and hold leadership positions. In history, there are famous Muslim women scholars, philanthropists, and rulers. The first wife of Muhammad, Khadija is business women. Also, Ashifa Bint Abdullah was the first woman to be appointed by Caliph Umar Ibn Alkhatab as a market inspector and a manager. According to the Quran, men and women have the same spirit; there is no superiority in the spiritual sense betw... ...t create these false allegations. Muslim women have equal rights as men in certain conditions. Men have authority or take actions to protect women from dangers. Islam believes in equality, as a matter of fact, God has given men more strength. For instance, if a thief enters the house, will you say, â€Å"I believe in women’s rights- I believe in women’s rights†- Will you tell your mother, your sister, your daughter, your wife, to go and fight the robber? No, but naturally, you will fight them. So, in physical strength, man is one degree higher than the woman. On the contrary, the mother is three times preferred than the father as the mother is one degree higher. In conclusion, both Muslim men and Muslim women are equal. They are equal but not identical. They have equal rights and are able to work as long as they are in Islamic limits, rules and dress code.

How Students and Teachers Can Avoid and Prevent Plagiarism Essay

Plagiarism has been any and every writer’s concern, both in the scholarly and non scholarly sense. It is the dreaded term which implies various complications from those who choose to plagiarize, those plagiarized by accident, and those authors who are mere victims of such unfair treatment. From the students’ standpoint, great and keen consideration must be done in the process of how they choose to construct their ideas and write about a required topic. With the lenient accessibility of information within a click’s reach, plagiarism even gets more tempting. The Michigan Library Association (MLA) Forum (2008) adds â€Å"With the Internet offering students such a wealth of information at their fingertips, it is no surprise that one of the main reasons that they commit acts of plagiarism is simply due to how easy and convenient it has become† (n. p. ). Hence, students must understand the definitions and details of what plagiarism is and what to do and what not to do as a plagiaristic situation arises. Students always use plagiarism checker free. Students must maintain their academic responsibility as they fulfill the scholastic obligations. Students should be responsible in understanding and realizing other tools available to them as they fulfill certain literary requirements. The use of methods like proper paraphrasing, formal, and correct citing of references, being consistent to the requirements of a specific referencing style— plagiarism may be avoided given that all must be understood and well executed by the student. From the teachers’ standpoint, there are a series of issues which must be explained to the student. The clear discussion of what plagiarism is and the consequences it brings must be well and thoroughly comprehended by the students. Teachers should emphasis the valuable use and importance of the use of bibliography. As the Plagiarism. org (2008) writes: â€Å"Emphasize that the annotation has to be in their own voice and words, and should specifically discuss the relevance of the source to their research† (n. . ). Teachers should make themselves clear and specific in what they demand of their students. They should help exercise further the skills of their students such as by assigning the students to make a presentation which would enhance their research and idea conceptualization. It is also of beneficial importance for teachers to be creative in building their students’ skills in writing formal academic works.