Oregon V Elstad Essays - Miranda Warning, Fellers V. United States

Oregon V Elstad OREGON v ELSTAD 470 U.S. 298, 105 S. Ct. 1285, 84 L.Ed. 2d 222 (1985) MERITS: Officers Burke and McAllister of the Polk County, Oregon Sheriff's office, on the basis of a witness' statement, obtained an arrest warrant for Michael Elstad, who was suspected of burglary. The officers went to Elstad's home and were escorted to his room by his mother. After instructing the respondent to dress and accompany them to the living room, Officer McAllister took Elstad's mother into the kitchen while Officer Burke stayed with the respondent. Without advising Elstad of his Miranda rights, Officer Burke asked him whether he was aware of the officer's reason for wanting to talk with him, and whether he knew Mr. and Mrs. Gross (the victims). Elstad stated that he knew the Grosses, and that he'd heard they'd been burglarized. Burke replied that he thought Elstad was involved in the burglary, and the respondent admitted, Yes, I was there. He was then taken to the Sheriff's office and was subsequently advised of his Miranda rights. Elstad stated that he understood his rights and that he would give a statement, which he did in detail. His confession was read back to him and read by him. Elstad initialed and signed the statement and also added a sentence (After leaving the house Robby and I went back to [the] van and Robby handed me a small bag of grass) to it. Elstad maintained that at no time did the officers make threats or promises to him. He was charged with first degree burglary and opted against a jury trial. Defense immediately moved to suppress both Elstad's initial verbal statement and the signed confession, contending that the initial statement he made at his house to Officer Burke let the cat out of the bag, causing his ensuing written confession to be tainted as fruit of the poisonous tree. The judge excluded the initial statement due to Elstad's not having been informed of his Miranda rights prior to that statement. Elstad's written confession was not excluded, as the judge did not agree that it was in any way tainted. Elstad was found guilty of first-degree burglary. APPELLATE: Oregon State Court of Appeals: Conviction reversed. The State contended that although the initial statement made by the respondent (prior to having been advised of his rights) should be inadmissible, his written confession should be allowed. The Court of Appeals, however, saw both statements as inadmissible, as there was little time between the two statements, and that was not enough time to insulate the latter statement from the effect of what went before ? the cat was sufficiently out of the bag to exert a coercive impact on [respondent's] later admissions. The Oregon Supreme Court declined the State's petition for review. The State then petitioned the U.S. Supreme Court, and certiorari was granted. ISSUE: The question in this case was whether the Self-Incrimination Clause of the Fifth Amendment requires that a confession made by a defendant, after having been advised of his Miranda rights and having waived those rights, should be excluded because of another admission made to officers by that defendant before he had been advised of his rights. ARGUMENT: Reasoning: The Court cited the following cases to illustrate and establish precedence for its reasoning: Wong Sun v. United States: Where it was established that evidence and witnesses discovered as the result of search in violation of the Fourth Amendment is considered fruit of the poisonous tree, and must be excluded. The fruit doctrine also applies to confessions. However, Wong Sun also illustrates that precise and proper advisement of Miranda rights serves to cure the condition that rendered the unwarned statement inadmissible: The warning conveys the relevant information and thereafter the suspect's choice whether to exercise his privilege to remain silent should ordinarily be viewed as an act of free will. (371 U.S. at 486) Brown v Illinois: Illustrates that a procedural Miranda violation differs from Fourth Amendment violation, as the purpose of the Fourth Amendment exclusionary rule is to curb unreasonable search. Harris v New York: The Harris Court rejected the premise that a defendant's inadmissible confession entitles that defendant to ?deny every fact disclosed or discovered as 'fruit' of his confession, free from confrontation with his prior statements. (401

Understanding Human Behavior and the Social Environment essay

Understanding Human Behavior and the Social Environment essay Understanding Human Behavior and the Social Environment essay Understanding Human Behavior and the Social Environment essayIn what ways can an understanding of the stages of adulthood be helpful? Do you think that knowing about these stages beforehand can make experiencing the stages any easier or more enjoyable? Why or why not?The understanding of the stages of adulthood may be helpful in terms of understanding profound transformations that take place in the life of individuals. This understanding will facilitate overcoming possible problems and difficulties that individuals may experienced, for instance, in the middle adulthood.What are some of the developmental challenges and risks that accompany the transition from high school to college? What are the key markers in the United States that signal when an individual enters adulthood?The major developmental challenges and risks associated with the transition from high school to college are the transition to the independent life in the college compared to the high school life, when individuals remain within their families. The independent life of individuals and their ability to earn for living are the major markers when individuals enter adulthood.Research has shown that many risky behaviors, such as binge drinking and casual sex, increase during early adulthood. At the same time, individuals are becoming more cognitively advanced. Why is there such a discrepancy between increased cognitive ability and poor decision-making that occurs during this developmental period?Increased cognitive ability is the result of the completion of basic skills and abilities as well as the formation of the basic system of values. However, they may have poor decision-making because of the lack of experience of taking important decisions and the system of values that may be changing in the course of life.Men and women have very different approaches to relationships and intimacy. How can we overcome these differences to have healthy, happy relationships?Men and women can overcome differences i n their relationships and intimacy through learning those differences that will help them to understand them better.

Phenomenology of Death Thesis Example | Topics and Well Written Essays - 3000 words - 1

Phenomenology of Death - Thesis Example The paper "Phenomenology of Death" analyzes the relationship between the ‘self’ and ‘temporality’ as it explains the notion of Heidegger. The general approach of this paper is to present ‘temporality’ in terms of ‘finitude’ and to define and examine the ‘authentic’ and ‘inauthentic’ modes of selfhood. Heidegger argues that ‘das man’ is ‘being towards death’ and is inauthentic as a result. Those who do not ‘act’ like ‘das man’ are in some sense authentic? This latter point will be taken up in the later half of the following analysis, and it is going to be argued that ‘determining what qualifies as ‘everydayness’ is a very seriously ambiguous notion. This paper will begin with the general discussion of ‘being’ and its opposite, namely, non-being, proceed to a discussion of ‘finitude’ in relation to inauthenticity, and discuss the relationship between an authentic and inauthentic self in relation to the temporality. According to Heidegger, the external world of ‘extension’ or as he states the world of the â€Å"senses† is largely understood as â€Å"quantitative modifications of the modes of extensio itself†. By contrast, the world can be characterized in qualitative rather than quantitative terms. By quantitative, he is implying the basic units of scientific measurement. However, these discrete units of measurement and the application of these as a means of both understanding extension along with distinguishing it from the subject are forms of abstraction.

Strategic Management of SABMiller brewery Case Study

Strategic Management of SABMiller brewery - Case Study Example It is also present in markets like USA and Europe. These markets however are matured markets and do not offer much growth opportunities for SABMiller. It has a diversified brand portfolio which includes brands like Castle, Miller Lite, Miller Genuine Draft, Snow, Peroni Nastro Azzuro and Pilsner Urquel. In this report we will analyze the strategic positioning of SABMiller in different markets. We will analyze the positioning in various markets with respect to the core competencies of SABMiller and will also analyze the acquisitions and compromise in its strategy that it had to undertake to meet the stakeholder's expectations. Corporate Strategy refers to the general direction of business that a firm is following. It is the philosophy which guides a firm's growth and actions. It answers the questions of how the firm needs to operate, the values it should follow and which core competencies should be developed by the firm to fuel further growth. (David, 1989).It is the sum total of the goals that a company has, the objectives it needs to achieve and the plan for achieving these objectives. (R, 2008). South African markets have been the traditional strength and monopoly of SABMiller. (SABMiller, 2009).Lately the market has been moving towards maturity which limits the number of new customers that the company can acquire. However the company is making the customers move towards premium brands which will increase the profitability of the firm .HIV/AIDS is a huge threat to SABMiller in South Africa as it not only limits the availability if work force but it also reduces the disposable income available with the people which will have a direct impact on the sales generated by the company.. Africa(exclusing South Africa) Apart from South Africa , the rest of African continent is a growing market and presents huge opportunity for the company.The company has a good distribution network in these countries along

Discuss the implications of the increasing length of annual reports Coursework

Discuss the implications of the increasing length of annual reports - Coursework Example Information on market prices is used as a reflection of publicly available knowledge concerning a company. Financial reporting of market prices enhances efficiency through provision of more disclosure despite some anomalies that occur in the process of reporting. Experimental literature supports the fact on displaying financial information such as comprehensive income, which have influence on investor’s decisions. Consequently, financial statistics provide useful facts such as earnings and financial ratios that at times prove more costly to extract since they are never revealed by market prices. However, demand for financial information arises from the requirements posed by pending decision task. Such demand requires some level of information processing capacity that is determined by simplicity in presentation and information load (Deloitte, 2010). According to Hall (2009) sheer volumes of disclosures within International Financial Reporting Standards (IFRS) has substantially increased the length of annual reports (Morunga and Bradbury, 2012). There are adequate results showing the impact of information overload on processing strategies and outcome of annual reports. The increase in length is further attributed to increase in the size of financial section of the entire report. There is substantial increase in the notes explaining the accounts and accounting policies. Information on IFRS reconciliations and accounting policies on transition accounts for nearly over 5% of annual reports despite the items not necessarily required on a continuing basis. Elimination of such transition items still gives space for accounting policies as well as note disclosures under IFRS which consumes close to 20% of total space. Therefore, there is significant proof that different components of accounting policy such as general, IFRS transition, f inancial instruments as well as

Advantages and Disadvantages of Adopting the Euro

Advantages and Disadvantages of Adopting the Euro A Study of the Benefits and Costs which Might Result for UK-based Firms Should the UK Adopt the Euro Name: Louise Tibagalika Introduction The euro is the single currency established in 1999, currently shared by 18 countries of the European Union’s Member States (Ec.europa.eu, 2014). Due to the number of advantages such as the stimulation of trade and disadvantages such as economic instability, the decision for the UK to adopt the euro is a big economic and political debate at present which will affect businesses and the public in many ways. The following report will look at the advantages and disadvantages for businesses and answer the question as to whether the UK government should proceed with the decision. Objectives Assess the benefits of the UK adopting the EURO Assess the drawbacks associated with the UK adopting the EURO How businesses can utilise these benefits and survive in the international market Look at the political, economic, social and environmental factors Provide workplace and personal experience Methodology In order to achieve the goals identified above, a variety of different sources have to be explored. The core text; International business by Wall, S., Minocha, S. and Rees, B. and Macroeconomics By Edward Gamber and David C Colander are good places to start as they give a good background on international business and the different factors that effect businesses looking to expand on an international level. To fully assess and answer the posed question the following sources will be useful; Adopting the Euro in Central Europe, Challenges of the Next Step in European Integration: Occasional Paper. 234 (IMFs Occasional Papers) by Susan Schadler; Britain and the European Union Frequently Asked Questions By Stuart Notholt; Britain, the Euro and Beyond by Baimbridge and Whyman European Economic and Monetary Integration, and the Optimum Currency Area Theory by Mongelli, F. P. These sources give good background on the problem and also give different opinions as to the pros and cons associated with adopting the euro. They also provide links to various other sources and explain why this has been an on-going debate for the UK since the European Union formed. As the debate about the UK adopting the euro is consistently in the news and is a much talked about issue due to the economic and political implications, there will be a number of web based sources that will be explored such as; Ec.europa.eu 2014; The euro European Commission S-cool.co.uk. 2014: A-level Economics The Euro Revision Should the UK Join the Single Currency? News.bbc.co.uk. 1997: BBC News | Single currency | Pros and Cons. Wei, L. 2009: Your portal to the world: Pro Cons For UK When Adopting Euro. European Commission Europa. 2011. How the euro benefit us all. Econ.economicshelp.org. 2007. Economics Essays: Why the UK will never join the EURO These amongst other online sources will also give different opinions on the question asked and will be useful as a source before further reading or research is carried out. With the various forums online and the above sources, there will be a large amount of information Main Body Advantages of the Euro The Economic and Monetary Union (EMU) was established to allow the European economy to function well bringing more jobs and greater prosperity for Europeans (European Commission Europa, 2011). There are many benefits to adopting the euro for the UK and for businesses alike which include eliminating risks and cutting costs. The main benefit for businesses is that due to the single currency there will be no costs in exchanging currencies with EU countries which will result in the uncertainty for businesses being reduced. This will help to improve economic welfare and also remove the risk of unforeseen exchange rate revaluations or devaluations (Historylearningsite.co.uk, 2013; Irons and Colander, 2002). Due to the fluctuating exchange rates, businesses would have to take into consideration either export prices being higher or companies being discouraged from exporting within a single market. Therefore by adopting the euro the UK will have more opportunities for cross-border trade (Ec.europa.eu, 2013; CenuÃ…Å ¸e and Drigă, 2010). This would be more beneficial to medium sized UK businesses as they cannot currently take advantage of operating in the euro-zone and gaining profit like Shell and Vodafone and other larger companies. The interest rate of the Bank of England and other central banks is known to be volatile. With a single currency the European Central Bank will focus on economic conditions across the board helping to lower the interest rate. This will be beneficial for investment and growth as the strength of the currency will improve (Ec.europa.eu, 2013). By keeping the interest rate low or stable, this can improve profitability of exports and more businesses will want to invest in UK firms. Also less volatile interest rates will allow businesses to borrow at cheaper rates and also invest more confidently in the long term (Ec.europa.eu, 2013; Irons and Colander, 2002). For this reason the Japanese company Mitsubishi Corporation is keen for the switch and the By joining the EU, UK businesses will be open to price transparency and reduction of information costs. The single currency will also allow consumers and businesses to compare prices which will help reduce the costs of raw materials and further make their customers happy with lower prices (Baimbridge and Whyman, 2008; Ec.europa.eu, 2013). For example new cars in Europe cost less than new cars in the UK, a single currency will remove this price differential. Also the euro will allow better access as investors will no longer be limited to a local market and investors can move capital to areas where it will be used more effectively (Baimbridge and Whyman, 2008; Ec.europa.eu, 2013). The UK is also known to have a very successful labour market and within a single currency this would be highly beneficial not only in that the inflation rate will go down but also as competitiveness will be sustained (Mongelli, 2008). This could also be very useful for SMEs as well as large organisations due to prices going down and hopefully competitiveness will promote more business. Arguments against adopting the Euro Although the arguments for adopting the euro seem strong, some of the positives can be changed into points to support the UK keeping the sterling. By adopting the euro, the UK may be open to instability, lower growth, higher unemployment and economic decline due to not being able to set their own interest rates based on the national economy (Kern, 2002). Although devaluations can be detrimental in some cases, it has been demonstrated in the past that well-chosen devaluations can help an economy out of difficulties. For example during the economic downturn in 2008, many economies of countries within the euro, such as Spain, could not stimulate their own economy by devaluing their currency and therefore increasing exports, this saw their businesses and economies failing and finding it difficult to recover (Historylearningsite.co.uk, 2013; Baimbridge and Whyman, 2008). The physical conversion from sterling to euros will have many costs for banks and retailers which the UK Government is unlikely to cover, such as training staff, changing computer software, creating open euro bank accounts and educating customers. The British Retailing Consortium estimates that British retailers will have to pay between  £1.7 billion and  £3.5 billion to make the changes necessary (Baimbridge and Whyman, 2008). This will affect SMEs, which will not benefit directly from the adoption of the euro and they could potentially force marginal firms out of business and give countries that are not in the euro a competitive advantage. According to the KPMG report, an estimated 3,000 à ¯Ã‚ ¬Ã‚ rms face total costs of up to â‚ ¬56.5 million ( £35.8 million) (Baimbridge and Whyman, 2008). UK Businesses may also have to drive down prices due to the combination of improved availability of information and price transparency. This will be especially troublesome for products that are accessible to cross border trade and will be reinforced by internet shopping (Baimbridge and Whyman, 2008). Inefficient firms will suffer mostly from this and profits will be reduced due to higher levels of competition. Joining the euro would mean that the UK would have to adhere to new labour rules which in some cases govern how employees are hired and fired (Baimbridge and Whyman, 2008; Econ.economicshelp.org, 2007)). As the labour market is more flexible in the UK than it is in others in the euro and UK firms have more independence with employment, joining would be detrimental for the firms as the cost of production would increase and unions would have more power (S-cool.co.uk, 2014; Brugesgroup.com, 2014). Results and Conclusions Based on the findings above the general benefits for the UK businesses adopting the euro are as follows; Lower transaction costs Reducing the uncertainty affecting the profitability of international transactions Lower cost of capital Improved allocation of capital Better use of the common monetary reserves Reducing losses due to different rates of inflation within EMU member countries Improving macroeconomic management and cooperation Improving macroeconomic stabilisation within EU Member States The costs for UK businesses on the other hand are as follows; Deflation and economic instability Costs of change Loss of income resulting from issuing currency Increase of costs necessary to make shock adjustments; Lower economic growth rates Less flexible labour market Comparing the two lists, it would seem that it wold be best for the UK to adopt euro as businesses would benefit from the lower transaction costs, lower cost of capital and better price transparency which could lower invoices and costs of raw materials. This as discussed would benefit customers and could help to boost business. So ultimately it seems that the higher capital costs and an overvalued exchange rate are the results of not joining the euro as well as receiving fewer European visitors (Rickard, S 2002). The costs of the UK adopting the euro seem short term, such as the costs of change and the loss of income due to issuing the new currency. However the less flexible labour market, deflation and the lower economic growth seem to be major factors that have caused the UK to delay the decision to adopt the euro. Those who support the single currency must consider that loss of control over monetary and exchange rate policy may weaken national economic management which, looking at previously strong economies like Germany will have a large impact on trade and business (CenuÃ…Å ¸e, M, Drigă, 2010; Baimbridge and Whyman, 2008) Ultimately there are many factors that need to be considered should the UK decide to adopt the euro or stick with the sterling. The fact that there are political and economic arguments makes it harder to come to a simple decision, and although it appears that the benefits are great, the costs need to be carefully considered as businesses need a strong economy to survive and flourish. Baimbridge and Whyman (2008) quote Healey (2000: 19–20) who states that ‘while the beneà ¯Ã‚ ¬Ã‚ ts are signià ¯Ã‚ ¬Ã‚ cant, cumulative over time and reasonably uncontroversial, the costs are much more uncertain, widely exaggerated and almost certain to diminish with the passage of time’ Bibliography Baimbridge, M. and Whyman, P. 2008. Britain, the Euro and beyond. Aldershot, England: Ashgate. eBook Collection (EBSCOhost), EBSCOhost [Viewed 9 February 2014]. Brugesgroup.com. 2014. From Single Market to Single Currency: Evaluating Europes EconomicExperiment. [online] Available at: http://www.brugesgroup.com/mediacentre/index.live?article=74 [Accessed: 10 Feb 2014]. CenuÃ…Å ¸e, M, Drigă, 2010, Advantages And Disadvantages Of The Euro, Annals Of The University Of Petrosani Economics, 10, 3, pp. 61-68, Business Source Complete, EBSCOhost, [Viewed 9 February 2014]. Currencysolutions.co.uk. 2011. The Unpredictable Character of British Pound And The Euro Exchange Rate. [online] Available at: http://www.currencysolutions.co.uk/euro/the-unpredictable-character-of-british-pound-and-the-euro-exchange-rate [Accessed: 9 Feb 2014]. Ec.europa.eu. 2013. Business benefits European Commission. [online] Available at: http://ec.europa.eu/economy_finance/euro/why/business/index_en.htm [Accessed: 8 Feb 2014]. Ec.europa.eu. 2014. The euro European Commission. [online] Available at: http://ec.europa.eu/economy_finance/euro/ [Accessed: 9 Feb 2014]. Econ.economicshelp.org. 2007. Economics Essays: Why the UK will never join the EURO.. [online] Available at: http://econ.economicshelp.org/2007/03/why-uk-will-never-join-euro.html [Accessed: 9 Feb 2014]. European Commission Europa. 2011. How the euro benefit us all. [online] Available at: http://ec.europa.eu/economy_finance/general/pdf/how_the_euro_benefits_us_all_en.pdf [Accessed: 8 Feb 2014]. Historylearningsite.co.uk. 2013. What are the arguments for and against joining the Euro. [online] Available at: http://www.historylearningsite.co.uk/euro.htm [Accessed: 8 Feb 2014]. Irons, J. S. and Colander, D. C. 2002. Study guide [for] Macroeconomics [by] David C. Colander, Edward N. Gamber. Upper Saddle River, N.J.: Prentice Hall. Kern, D. 2002. British Chamber of Commerce Economic Briefing, paper presented at British Chamber of Commerce Economic Briefing, London, 17 February. London: British Chamber of Commerce. Mongelli, F. P. 2008. European economic and monetary integration, and the optimum currency area theory. Brussels: Office for Infrastructures and Logistics. News.bbc.co.uk. 1997. BBC News | Single currency | Pros and cons. [online] Available at: http://news.bbc.co.uk/1/hi/special_report/single_currency/25081.stm [Accessed: 8 Feb 2014]. Rickard, S 2002, E-Day: the Impact of the Euro on UK Business, Credit Control, 23, 1, p. 14, MasterFILE Premier, EBSCOhost, [Viewed 9 February 2014]. S-cool.co.uk. 2014. A-level Economics The Euro Revision Should the UK Join the Single Currency? | S-cool, the revision website. [online] Available at: http://www.s-cool.co.uk/a-level/economics/the-euro/revise-it/should-the-uk-join-the-single-currency [Accessed: 10 Feb 2014]. Wall, S., Minocha, S. and Rees, B. 2010. International business. Harlow, England: Pearson/ Financial Times Prentice Hall. Wei, L. 2009. Your portal to the world: Pro Cons For UK When Adopting Euro. [online] Available at: http://econsguide.blogspot.co.uk/2009/02/why-is-uk-considered-wise-to-choose.html [Accessed: 9 Feb 2014].

Capital Punishment for Women that Have Abortions :: abortion argumentative persuasive argument

Capital Punishment for Women that Have Abortions    Abortion is the worst thing a woman can do against human dignity. It is a crime against life. No woman has the right to kill a new living being. Many countries ban abortion and many institutions fight against it. Abortion is immoral and it should not be legalized.    Abortion is also a threat to the mother's health. A woman can suffer an infection or internal bleeding. She could also become sterilized, the permanent inhability to bear a child. Abortion not only kills the baby but may kill the mother too. During an abortion, despite the use of local anesthesia, 97% of the women report severe pain, and if a more powerful drug is used she could suffer dangerous side effects. Many complications are common after an abortion, like inflammation of the reproductive organs. As well, there is strong evidence that abortion increases the risk of breast cancer. Women that abort increase their chances of getting breast cancer by 50%, and teenagers with no previous pregnancies that abort after the 8th week increase their probability by 800%. Unicef states that 250,000 women die every year because of legal and illegal abortions: 75,000 of them die of self-inflicted abortions; 75,000 die of convulsions; and the other 100,000 die of blood poisoning caused by an infection of the uterus.   Therefore, if abortion is legalized there will be not only more fetal murders but also more mothers will die.    None of the methods women use to abort are completly safe. One of the most common methods used is Suction Aspiration. The doctor uses a special tool to suck the baby into a collection bottle. Great care must be taken to prevent the uterus from being damaged, which would cause hemorrhage. A woman with hemorrhage will need a blood transfusion that could cause her AIDS. Also infection may easily occur if fetal tissue is left behind in the uterus. Another method used for babies as old as twenty four weeks, is the Dilation and Evacuation. Sharp jaws are used to grasp different parts of the unborn baby which are then torn away. The skull of the baby must be crushed to facilitate the procedure. Another technique used by a lot of pregnant women is the RU486.