Saturday, December 28, 2019

Mapp v. Ohio A Milestone Ruling Against Illegally Obtained Evidence

The case of Mapp v. Ohio, decided by the U.S. Supreme Court on June 19, 1961, strengthened the Fourth Amendment protections against unreasonable searches and seizures by making it illegal for evidence obtained by law enforcement without a valid warrant to be used in criminal trials in both federal and state courts. The 6-3 decision was one of several handed down by the Supreme Court during the 1960s under Chief Justice Earl Warren that significantly enhanced the constitutional rights of criminal defendants. Fast Facts: Mapp v. Ohio Case Argued: March 29, 1961Decision Issued:  June 19, 1961Petitioner:  Dollree MappRespondent:  State of OhioKey Questions: Is â€Å"obscene† material protected by the First Amendment, and if such material is obtained by means of an illegal search can it be used as evidence in court?Majority Decision: Justices Warren, Black, Douglas, Clark, Brennan, and StewartDissenting: Justices Frankfurter, Harlan, and WhittakerRuling:  The First Amendment issue was deemed irrelevant, however the court ruled that any evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court.   Prior to Mapp v. Ohio, the Fourth Amendment’s ban against the use of illegally gathered evidence applied only to criminal cases tried in the federal courts.  To extend the protection to the state courts, the Supreme Court relied on a well-established legal doctrine known as â€Å"selective incorporation,† which holds that the due process of law clause of the Fourteenth Amendment bans the states from enacting laws that might infringe on the rights of American citizens. The Case Behind Mapp v. Ohio On May 23, 1957, Cleveland police wanted to search the home of Dollree Mapp, who they believed might be harboring a bombing suspect along with possibly having some illegal betting equipment. When they first came to her door, Mapp did not allow the police to enter stating that they did not have a warrant. A few hours later, the police returned and forced their way into the house. They claimed to have a valid search warrant, but they did not allow Mapp to inspect it. When she grabbed the warrant anyway, they handcuffed her. While they did not find the suspect or the equipment, they did find a trunk containing pornographic materials which violated Ohio law at the time. At the original trial, the court found Mapp guilty and sentenced her to jail despite no evidence of a legal search warrant being presented. Mapp appealed to the Ohio Supreme Court and lost. She then took her case to the U.S. Supreme Court and appealed, arguing that the case was essentially a violation of her First Amendme nt right to freedom of expression. The Supreme Court Decision (1961) The Supreme Court under Chief Justice Earl Warren ended up siding with Mapp in a 6–3 vote. However, they chose to ignore the question of whether a law against the possession of obscene material violated her right to freedom of expression as explained in the First Amendment. Instead, they focused on the Fourth Amendment to the Constitution. In 1914, the Supreme Court had ruled in Weeks v. United States  (1914) that illegally obtained evidence could not be used in federal courts. However, the question remained whether this would be extended to state courts. The question was whether Ohio law failed to provide Mapp with her Fourth Amendment protection against unreasonable searches and seizures. The Court decided that ...all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court. Mapp v. Ohio: Exclusionary Rule and Fruit of the Poisonous Tree The Supreme Court applied the exclusionary rule and fruit of the poisonous tree doctrine articulated in  Weeks  and  Silverthorne  to the states in  Mapp v. Ohio  in 1961. It did so by virtue of the  incorporation doctrine. As Justice Tom C. Clark wrote:   Since the Fourth Amendments right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. Were it otherwise, then, just as without the Weeks rule the assurance against unreasonable federal searches and seizures would be a form of words, valueless and undeserving of mention in a perpetual charter of inestimable human liberties, so too, without that rule, the freedom from state invasions of privacy would be so ephemeral and so neatly severed from its conceptual nexus with the freedom from all brutish means of coercing evidence as not to merit this Courts high regard as a freedom implicit in the concept of ordered liberty. Today, the exclusionary rule and fruit of the poisonous tree doctrine are regarded as basic principles of constitutional law, applicable in all U.S. states and territories. Significance of Mapp v. Ohio The Supreme Court decision in Mapp v. Ohio was quite controversial. The requirement for ensuring that evidence was legally obtained was placed on the court. This decision would open up the court to a number of difficult cases concerning how to apply the exclusionary rule. Two major Supreme Court decisions have made exceptions to the rule created in Mapp. In 1984, the Supreme Court under Chief Justice Warren E. Burger created the inevitable discovery rule in Nix v. Williams. This rule states that if there is a piece of evidence that would have eventually been discovered through legal means, then it is admissible in a court of law. In 1984, the Burger Court created the good faith exception in U.S. v. Leon. This exception allows evidence to be allowed if a police officer believes that his or her search is, in fact, legal. Thus, the court needs to decide if they acted in good faith. The court has decided this for instances where there were problems with the search warrant that the officer was not aware of. Was Boxing Behind It?: Background on Dollree Mapp Previous to this court case, Mapp had sued boxing champion Archie Moore for breach of promise for not marrying her. Don King, the future fight promoter for such boxing stars as Muhammad Ali, Larry Holmes, George Foreman, and Mike Tyson, was the target of the bombing and gave the police the name Virgil Ogletree as the possible bomber. That led the police to Dollree Mapps home, where they believed the suspect was hiding. In 1970, 13 years after the illegal search that culminated in  Mapp v. Ohio, Mapp was convicted of having in her possession $250,000 worth of stolen goods and drugs. She was sent to prison until 1981. Updated by Robert Longley

Thursday, December 19, 2019

Editorial Analysis Essay - 1236 Words

ENG 201H 2/10/13 Editorial Analysis â€Å"We are all equal; it is not birth but virtue alone that makes the difference.† This insightful quote from the famous French philosopher and historian â€Å"Voltaire† seems to accurately represent the beliefs of the factions of American citizens pushing to allow women to fight in combat positions within the US Armed Forces. Though the topic has just recently been boosted into the media and congressional politics, it has been long debated. A rather current editorial from USA Today titled: â€Å"Open Combat Positions to Women† outlines the recent developments in the status of a much disputed and controversial issue facing the nation today. Though somewhat less in-depth than some opposing opinions, the†¦show more content†¦Also in the beginning of the editorial, the author refers back to the two women who fought on the front lines. Those women as well as two other servicewomen filed suit in attempt to overturn the law established in 1994 which states as follows: †Rule: Service members are eligible to be assigned to all positions for which they are qualified, except that women shall be excluded from assignment to units below the brigade level whose primary mission is to engage in direct combat on the ground, as defined below. Definition: Direct ground combat is engaging an enemy on the ground with individual or crew served weapons, while being exposed to hostile fire and to a high probability of direct physical contact with the hostile forces personnel. Direct combat take s place well forward on the battlefield while locating an closing with the enemy to defeat then by fire, maneuver or shock effect.† The author goes on to state that, despite what happens in court with the lawsuit filed by the four servicewomen, the issue should never have to go to court in order to be acted upon. The author seems to think that it is simply a matter of logical thinking. Some other supporting evidence in the editorial is the Author’sShow MoreRelatedMy Homework3467 Words   |  14 Pagesevents that happened around the world during this holiday. 1 .Narrate an experience you have had or heard about which illustrates the saying: â€Å"You reap what you sow†. 2. Get a newspaper of your choice, summarize the editorial and criticize the editor’s view. Photocopy the editorial and attach it to your work 3. Using a dictionary, transcribe the words in exercise 4, page 20 of your Oral English textbook: Oral English For Secondary Schools by Nwaka Jones. 4. List 20 terms associated with CommunicationRead More Symbolism of Mount Rushmore Essay2678 Words   |  11 Pagesand the Visual Ideograph: The Iwo Jima Image in Editorial Cartoons† argue against Michael McGee’s belief that ideographs are limited to verbal language (198-212). 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Wednesday, December 11, 2019

The Ethics Of Computers With Ai Example For Students

The Ethics Of Computers With Ai In recent years, advancements in robotics has been bringing humans and machines to work together. Many autonomous systems are being used for variety of things. Robots can be used for simple tasks like mowing the lawn and vacuuming to advanced tasks like self-driving vehicles. Many of these robots are given artificial intelligence (AI). Development of AI has recently become a major topic among philosophers and engineers. One major concern is the ethics of computers with AI. Robot ethics (roboethics) is an area of study about rules that should be created to ensure that robots behave ethically. Humans are morally obligated to ensure that machines with artificial intelligence behave ethically. In the 1940s, science-fiction author Isaac Asimov came up with the Three Laws of Robotics. The laws are: 1 A robot may not injure a human being or, through inaction, allow a human being to come to harm; 2 A robot must obey the orders given it by human beings, except where such orders would conflict with the First Law and 3 A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws. The three laws were the first attempt to govern the behavior of AIs. Intelligent robots are required to interact with their surroundings. Imagine a self-driving car going down a residential road with a bunch of parked cars on the side. Then, a child steps out from behind a parked car into the street. The self-driving car could either hit the child or swerve to avoid a collision. A car that has been programmed with a moral code would try to avoid running over the child. Autonomous vehicles are required to have a person in the driver’s seat as a safety precaution. The car would show ethical behavior by following the first law of robotics. Creating a moral code for robots poses many challenges. There are two main approaches to making an ethical robot. One approach is writing a specific ethical law for the robot to follow. I believe that robots should take a Kantian approach to decision making. Robots should follow Kant’s categorical imperative (First Formulation) â€Å"Act only according to that maxim by which you can at the same time will that it should become a universal law.† The robot would be given a task. Then it could run a near infinite number of scenarios where the action could become a universal law. If they robot could accomplish the task, then it morally permissible to act on the maxim. Having a robot that follows the first formulation would also benefit humans. The robot could assist humans by running many scenarios. This would be a good starting point for when an AI needs to make a decision. Rules can be implemented easily since they are categorical. Another approach would be to teach the ro bot how to respond in situations. The response would need to have an ethical outcome. The method is similar to how humans learn morality. The robot would learn right from wrong. This approach can be effective as long as the teacher acts ethically. Robots could also take an Act Utilitarianism approach to decision making. A robot could run an algorithm to maximize overall happiness. An AI would quantify the happiness that each action would cause and then compare the results. Robots can do the calculations to estimate the amount of happiness that a decision could create a lot faster than humans can. This system could work if nobody is killed or harmed. The rules and laws that govern humans would need to be taken into account. This would ensure that the AI makes an ethical decision. The creation of AIs also needs to be ethical. Robots should not be designed to harm humans like in military applications. It is unethical for robots to learn how to become more effective at causing harm. Many military applications would violate the first law of robotics. Presently, drones use AI algorithms to acquire and destroy targets. In 2016, a US military drone falsely targeted people in Pakistan. The drone used cell phone metadata to acquire its targets. Unregulated AIs pose a huge risk for humanity. AIs could target many innocent people and cause mass destruction of cities if they don’t have an ethical code to guide them. Weaponization of AIs is unethical because it is wrong to design an advanced system to be more effective at killing humans. .u78d3b4d9df7ecaedb481c25ce1fc0d38 , .u78d3b4d9df7ecaedb481c25ce1fc0d38 .postImageUrl , .u78d3b4d9df7ecaedb481c25ce1fc0d38 .centered-text-area { min-height: 80px; position: relative; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 , .u78d3b4d9df7ecaedb481c25ce1fc0d38:hover , .u78d3b4d9df7ecaedb481c25ce1fc0d38:visited , .u78d3b4d9df7ecaedb481c25ce1fc0d38:active { border:0!important; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .clearfix:after { content: ""; display: table; clear: both; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u78d3b4d9df7ecaedb481c25ce1fc0d38:active , .u78d3b4d9df7ecaedb481c25ce1fc0d38:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .centered-text-area { width: 100%; position: relative ; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u78d3b4d9df7ecaedb481c25ce1fc0d38:hover .ctaButton { background-color: #34495E!important; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u78d3b4d9df7ecaedb481c25ce1fc0d38 .u78d3b4d9df7ecaedb481c25ce1fc0d38-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u78d3b4d9df7ecaedb481c25ce1fc0d38:after { content: ""; display: block; clear: both; } READ: Martin Luther King Jr EssayIn 2016, Microsoft unveiled a machine learning project, an AI chatbot named Tay. The goal of the AI was to engage and entertain people on Twitter. Tay is capable of performing tasks like telling jokes, commenting on pictures, and answer questions. Tay used a learning based response system. A board of writers wrote some responses that Tay could use for conversations. Within 24 hours of release, the chatbot was making racist and misogynistic tweets. Many internet trolls would write the inappropriate comments. Then they would have Tay repeat them. This incident demonstrates that engineers have a responsibility to make sure that AIs have morals. Many people also fear that an AI could become hostile and that it could remove safety devices. Humans are not actively hostile towards animals. Since most AIs are programmed to act like humans and have conciseness, robots would not have any reason to be hostile towards humans. Basic moral principles would prevent them from causing harm to humans. In most cases, the primary function for an AI is friendliness towards humanity. There is no reason for AIs to resent human created motivations. There is no motive for an AI to reprogram itself to be unfriendly. Humans don’t remove parts of their personality to become unfriendly. Therefore, an AI wouldn t want to remove their core parts that affect attitude. If something does go wrong and an AI goes rogue there are many safety devices in place. AIs are being designed with kill switches in case of emergencies. There are many reasons humans are obligated to design AIs with morals. Humans have moral codes and robots are design to think like humans. Robots need to be designed to have similar ethical codes. Without moral codes, AIs can cause harm to humans. AIs need to have a reliable way of learning so they can make fewer mistakes. Safe guards and filters need to be placed to ensure that AIs can learn from good examples. AIs must have goals that can be completed in an ethical way. When an AI makes a decision, it must be able to explain the reasoning that supports their actions.

Wednesday, December 4, 2019

What is a Good Early Childhood Teacher an Example of the Topic All Posts by

What is a Good Early Childhood Teacher? A good teacher of such young children needs many qualities, not least being patience, reliability and understanding of what it is to be a small child in the 21st century. They need also a positive attitude towards education and to have knowledge of normal development and what can be expected at each stage, and indeed what order the stages come in. This will mean that they can assess at the beginning of the school year the stage a child has already attained in areas such as reading, mathematics or social development, especially if this is a childs first year at school so there are no previous professional records to consult, and will then be enabled to chart individual progress as it is made, both in formal records and mark books and mentally as they come to know each individual child. They will be aware that a child cannot complete certain tasks until they are psychologically and, in some cases, physiologically mature enough to do so. Children develop at different rates and may in so me cases be further on than average in some area such as reading, but be below average in another - perhaps spatial awareness or in social skills. They need also to be able to convey their ideas on such matters to parents and even to children who may feel a sense of failure if others can do what they, as yet, cannot. Need essay sample on "What is a Good Early Childhood Teacher?" topic? We will write a custom essay sample specifically for you Proceed They need to be aware of the works of writers on the subject such as Piaget, even if they do not always agree with every one of their pronouncements. His ideas about such matters as conservation will always be valid the idea that things stay the same even if moved about, as when a child realises that a piece of clay will weigh the same when rolled out thinly as when it is in a large ball. An ability to get on with colleagues and with parents is essential. The teacher must be approachable so that parents feel free to voice any worries they may have or information they need to impart and colleagues need to be aware that here is someone who is professionally dependable. Dealing with young children requires organizational skills in the geography of the classroom are supplies where a child can reach them? Are displays at the right height - not aimed to impress the occasional adult visitor , but at a level a child can best appreciate them. It may be necessary for a teacher to design their own record keeping system, or this may be provided by the school or local authority. They must be up to date with any necessary record keeping. Resources need to be organised so that as little time as possible is wasted when lesson planning. Lessons should be planned ahead so that the teacher can see long term where things are going, with clear aims and objectives, descriptions of how these might be achieved and also with comments afterwards as to how the lessons were received and whether or not aims were achieved and why certain things did or did not succeed.. Budgeting may be an issue does one spend money on paints and easels or upon rulers and books? An awarenes s of how long a particular resource, such as a pile of drawing paper or a pot of glue, is likely to last can be a useful skill The teacher needs to be aware of guidelines, rules and laws provided by the school or by local or national authorities both as to such matters as the curriculum, but also with regard to standards expected, aims, mission statements and health and safety issues. They must be good record keepers, so that they and others can easily refer to records when necessary and they are aware for instance when a child is consistently absent or isnt progressing as might be expected. This will also enable others such as the head teacher to be easily aware of what is planned and achieved. A teacher who keeps written records will be more easily able to judge whether the curriculum is balanced with sufficient emphasis and time being given to such things as speaking skills, listening and physical activities as well as such areas as reading, writing and arithmetic. They should be aware of current trends and so will take opportunities to attend further training as necessary. There is always a need for fresh ideas and so they need to be aware of resources that are available such as on websites like Early Years. They must carry authority if necessary discipline is to be maintained. Children need to feel the security of having rules and someone in charge. It may be that they are working in a multi-lingual, multi-racial situation and should be aware of special pressures this can cause, for example sending letters home to a family for whom English is not the first tongue. Children come to school for the first time with varied abilities different backgrounds and levels of input and expectation from their families or carers. A teacher needs to be aware of such differences and offer extra support where needed. Some children will come to school already with some reading abilities and be very familiar with how books work, while others may come from homes where there are no books and where education is not particularly valued. A good teacher will meet the specific needs of both - by sharing books with the latter and by encouraging and stretching the abilities of the former. There is a need to understand even at this age differences between the sexes girls tend generally to be more articulate than boys of a similar age. There should be allowances made for such differences with boys being encouraged to participate verbally and the achievements of all children, not just the quick and able and obvious, need to be recognised. All this requires training and a teacher should have a recognised qualification that meets the required standard. This can either be a specialist purely teaching qualification or a post graduate degree in teaching. This will not only ensure that they have reached an acceptable standard , such as those set out by the National Association for the education of Young Children, but should also mean plenty of experience in a classroom before they take on the responsibility of being the person in charge. They will see during their training a variety of individual personalities, situations and methods and it is these will help them to formulate their own methods and styles within the necessary boundaries imposed by particular institutions and situations. There needs to be consideration of outcomes as well as processes and a balanced attention to knowledge, skills and dispositions thus ensuring a happy and effective classroom experience, a classroom where each child, whatever their abilities is able to participate fully, where they can, as is possible, take some responsibility for their own learning, whether this just means something as simple as remembering to take home a reading book or helping to decide classroom rules. Children need to acquire thinking skills as outlined on the web page Early Years, Teaching Expertise, and this includes thinking for themselves. Seeing a young childs delight as they realise what they can achieve as they adapt to the world in which they find themselves is the reward for all this hard work. Works Cited Early Years, Teaching Expertise Early Years, Teaching Ideas, 5th January 2009 http://www.teachingideas.co.uk/activity-types/photo/main.php?g2_itemId=110 National Association for the Education of Young Children