Saturday, March 14, 2020

Why the Illinois v. Wardlow Case Still Matters Today

Why the Illinois v. Wardlow Case Still Matters Today Illinois v. Wardlow is not a Supreme Court case that most Americans know well enough to cite by name, but the ruling has made a serious impact on policing. It gave authorities in high-crime neighborhoods the green light to stop people for behaving suspiciously. The high court’s decision has not only been linked to a rising number of stop-and-frisks but to high-profile police killings as well. It has also been held responsible for creating more inequities in the criminal justice system. Does the 2000 Supreme Court decision deserve the blame? With this review of Illinois v. Wardlow, get the facts about  the case and its consequences today. Fast Facts: Illinois v. Wardlow Case Argued: November 2, 1999Decision Issued:  January 12, 2000Petitioner: State of IllinoisRespondent: Sam WardlowKey Questions: Does a suspect’s sudden and unprovoked flight from identifiable police officers patrolling a known high-crime area justify the officers stopping that person, or does it violate the Fourth Amendment?Majority Decision: Justices Rehnquist, OConnor, Kennedy, Scalia, and ThomasDissenting: Justices Stevens, Souter, Ginsberg, and BreyerRuling: The officer was justified in suspecting that the accused was involved in criminal activity and, therefore, in investigating further. There was no violation of the Fourth Amendment. Should Police Have Stopped Sam Wardlow? On Sept. 9, 1995, two Chicago police officers were driving through a Westside neighborhood known for drug trafficking when they spotted William â€Å"Sam† Wardlow. He stood beside a building with  a bag in hand. But when Wardlow noticed the police driving through, he broke into a sprint. After a brief chase, the officers cornered Wardlow and frisked him. During the search, they found a loaded .38-caliber handgun. They then arrested Wardlow, who argued in court that the gun shouldn’t have been entered into evidence because the police lacked a reason to stop him. An Illinois trial court disagreed, convicting him of â€Å"unlawful use of a weapon by a felon.† The Illinois Appellate Court reversed the lower court’s decision, asserting that the arresting officer didn’t have cause to stop and frisk Wardlow. The Illinois Supreme Court ruled along similar lines, arguing that Wardlow’s stop violated the Fourth Amendment. Unfortunately for Wardlow, the U.S. Supreme Court, in a 5-4 decision, reached a different conclusion. It found: â€Å"It was not merely respondent’s presence in an area of heavy narcotics trafficking that aroused the officers’ suspicion but his unprovoked flight upon noticing the police. Our cases have also recognized that nervous, evasive behavior is a pertinent factor in determining reasonable suspicion. ...Headlong flight- wherever it occurs- is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.† According to the court, the arresting officer hadn’t misstepped by detaining Wardlow because officers must make commonsense judgments to decide if someone is behaving suspiciously. The court said that its interpretation of the law did not contradict other rulings giving people the right to ignore police  officers and go about their business when approached by them. But Wardlow, the court said, had done the opposite of going about his business by running away. Not everyone in the legal community agrees with this take. Criticism of Wardlow U.S. Supreme Court Justice John Paul Stevens, now retired, wrote the dissent in Illinois v. Wardlow. He broke down the possible reasons people might run when encountering police officers. â€Å"Among some citizens, particularly minorities and those residing in high crime areas, there is also the possibility that the fleeing person is entirely innocent, but, with or without justification, believes that contact with the police can itself be dangerous, apart from any criminal activity associated with the officer’s sudden presence.† African Americans, in particular, have discussed their distrust and fear of law enforcement for years. Some would even go so far to say that they have developed PTSD-like symptoms because of their experiences with police. For these individuals, running from the authorities is likely instinct rather than a signal that they’ve committed a crime. Additionally, former police chief and government official Chuck Drago pointed out to Business Insider how Illinois v. Wardlow affects the public differently based on income level. â€Å"If the police are driving down a middle-class neighborhood, and the officer sees someone turn and run into their house, that’s not enough to follow them,† he said. â€Å"If he’s in a high-crime area though, there may be enough for reasonable suspicion. It’s the area he’s in, and those areas tend to be to impoverished and African American and Hispanic.† Poor black and Latino neighborhoods already have a greater police presence than white suburban areas. Authorizing police to detain anyone who runs from them in these areas increases the odds that residents will be racially profiled and arrested. Those familiar with Freddie Gray, the Baltimore man who died in police custody in 2015 after a â€Å"rough ride,† argue that Wardlow played a role in his death. Officers apprehended Gray only after he â€Å"fled unprovoked upon noticing police presence.† They found a switchblade on him and arrested him. However,  if the authorities had been prohibited from pursuing Gray simply because he fled from them in a high-crime neighborhood, he may very well still be alive today, his advocates argue. News of his death sparked protests across the country and unrest in Baltimore. The year after Gray’s death, the Supreme Court decided 5-3 in Utah v. Strieff to let police use the evidence they’ve collected during unlawful stops in some circumstances. Justice Sonia Sotomayor expressed her dismay at the decision, arguing that the high court has already given the authorities ample opportunity to stop members of the public for little to no reason. She cited Wardlow and several other cases in her dissent. â€Å"Although many Americans have been stopped for speeding or jaywalking, few may realize how degrading a stop can be when the officer is looking for more. This Court has allowed an officer to stop you for whatever reason he wants- so long as he can point to a pretextual justification after the fact.â€Å"That justification must provide specific reasons why the officer suspected you were breaking the law, but it may factor in your ethnicity, where you live, what you were wearing and how you behaved (Illinois v. Wardlow). The officer does not even need to know which law you might have broken so long as he can later point to any possible infraction- even one that is minor, unrelated, or ambiguous.† Sotomayor went on to argue that these questionable stops by police can easily escalate to officers looking through a person’s belongings, frisking the individual for weapons and performing an intimate bodily search. She argued unlawful police stops make the justice system unfair, endanger lives and corrode civil liberties. While young black men like Freddie Gray have been stopped by police lawfully under Wardlow, their detainment and subsequent arrests cost them their lives. The Effects of Wardlow A 2015 report by the American Civil Liberties Union found that in the city of Chicago, where Wardlow was stopped for fleeing, police disproportionately stop and frisk young men of color. African Americans constituted 72 percent of people stopped. Also, police stops overwhelmingly took place in majority-minority neighborhoods. Even in areas where blacks make up a small percentage of residents, such as Near North, where they make up only 9 percent of the population, African Americans comprised 60 percent of people stopped. These stops don’t make communities safer, the ACLU argued. They deepen the divides between the police and the communities they’re supposed to serve.

Wednesday, February 26, 2020

General Motors International Operations Research Paper

General Motors International Operations - Research Paper Example The project aimed at improving its performance hence face the world competition of other related companies like China. Some years later, the company announced it wanted to reduce its investment by seventeen Billion US dollars to pat the pension debts as well as tax debts. The pension process required a special legal grant to free itself from tax penalties. In concluding, this paper proves how the company strategies to maintain its market share. This is evidenced the company has expanded marginally maintaining more than thirty vehicle plants in thirty-one countries. Introduction Automobile industry has grown tremendously within the last few decades as a result of technological advancement (Tuman, 2003). General Motors Corporation, a company based in America whose headquarters are in Michigan is a good example. The company is the world’s largest manufacturer and marketer of vehicles with many new and competitive brands. The company markets its vehicles under brand names like Bui ck, Chevrolet, Opel, Daewoo, and Vauxhall. The company also sells its products under other brand names based in China like Alpheon, Jiefang, and Wuling. Further, the company has absorbed more than 200,000 people across the globe and has business links with almost all the world countries (Crumm, 2010). In addition, the company also provides financing services through its subsidiary financial contracts. America provides the largest market for light vehicles, commercial vehicles, and the long chases. It roughly consumes about a half of the total production of the General Motors. General Motors was desperate to shed some of its own branches mainly in North America to settle government loans. However, the two successive presidents of the United States, George Bush, and Barrack Obama agreed to fund the company to enable it to retain most of its branches in North America. Through this funding, Davis (1999) argues, General Motors introduced Vauxhall Nova â€Å"the smallest and most fuel-ef ficient gasoline-power car ever offered by General Motors† (pg 113). General Motors has gone through a past positive progressive record since its incision despite the few challenges it might have undergone. As the largest world’s automobile industry, the company has recorded high-profit levels for a notable period of time. This success can be attributed to its slogan stated by Crumm (2010) that, â€Å"What is good for General Motors is good for the country† (pg 1). For the last two years, Toyota Company, General Motors’ main competitor has recorded a higher level. To compete effectively in the market, the company is focusing on the current market demands of their high consumers like Brazil, China, and the United States (Davis, 1999). The company has an expansion plan from which it expects to benefit extensively by investing more in new markets to meet the growing market demands. Diversity in General Motors is quite evident. Through this diversification, th e company comprises of almost all the fields of production, which include manufacturers, dealers, retailers, auto engineers, and body repairers. As a result, a swing in material change would occur automatically. General Motors has undergone economic and political surges, and there is little public criticism over the ever-expanding corporate power and control of the General Motors.

Monday, February 10, 2020

Prisoner's Dilemma Essay Example | Topics and Well Written Essays - 500 words

Prisoner's Dilemma - Essay Example The states of nature with no organization structures within the civil society are defined by â€Å""solitary, poor, nasty, brutish and short" (Binmore 56). Hobbes reaction of individuals in the society with no social institutions and with natural states is further backed by the â€Å"Prisoner’s Dilemma† which also defines the behavior of individuals in the society in its natural state. This theory is founded on the individualism powers in the society. According to the prisoner’s dilemma theory, everyone in the society is after achieving personal interest and thus more individualistic and self-fish. This makes the society less productive that it would have been had all the individual been willing to cooperate for the benefit of the society as a whole. A perfect example is that of ‘free rider’ in the society. Free rider problem is presented in case of public goods which are non-rival and non-excludability. Therefore, once provided, the cost of excludi ng others from consuming it would even be more expensive. This makes some people (free rider) to take advantage and consume the goods without paying to them, hence making the provision of such goods more costly (Binmore 59). According to Hobbes, the most preferred and rational states of nature in a civil society are cooperation and aversion of the natural societal state. Every society that breeds individualism ends up losing on its development course because of the self-seeking nature of the people in such society. According to Hobbes, individuals utilize their rational and natural impulse to engage in social contracts as a way of avoiding the fear brought about by the state of nature. This involves giving up on the right to self-governance. Self-right is traded for sovereign at the expense of the society. Sovereignty comes with authority and power that members of the society are expected to obey whether the

Thursday, January 30, 2020

System Law Essay Example for Free

System Law Essay Law is a system that can give a person rights, restrictions, and forbid a person from many different acts. Laws are to protect communities in many different forms. It was designed to protect our rights as Americans. It is also set to protect people as consumers and business owners alike. Although, many people refer to law as a restriction it is also a protection for many people. The most known way law is a protection is for consumers and business owners. It protects consumers from false advertising, which protects the health or well-being of a consumer. It protects business owners in some situations by allowing business owners to own their business separate from their personal finances. I am currently employed with Southwest Securities, FSB. Southwest Securities is a full service bank and investment firm. Over the most recent years banking has been under the gun for many changes in the law and also regulations for protection of consumers and banks around the country. Currently my bank is operating under a cease-and-desist order that is allowing us to make changes on our policies to better the company. Southwest Securities FSB, as mentioned is a full service bank for customers. There are many regulations to follow in banking. Regulation E protects the bank and consumer on electronic funds transfers which includes ATM, debit cards, bill payment, and online banking transfers. Any transaction that is considered â€Å"electronic† and requires no paper is covered by this regulation. When a customer comes in to open an account they are given a disclosure that covers this regulation and outlines the companies policies for this regulation. The most common regulation that is used the most is regulation CC. This regulation is known as the funds availability policy. This policy protects our banking customers and our bank. This allows the bank to place a hold on a check that is a large amount, a check that is forged, or a check we believe is no good for any reason. This policy protects the consumer from immediately using funds on a check that may bounce or be returned. This also protects the bank from having to pay for an overdraft on a customer’s account. If the bank doesn’t place a hold on the account then the bank may end up covering the costs to put the customer’s account back in the positive. The cease-and- desist order that was put on our bank is an order that was issued from the Federal Deposit Insurance Corporation (FDIC). We were placed under this cease-and-desist order because we had many loans that were not being paid off and the bank was taking a large loss on these loans. The FDIC ordered our bank to follow certain rules and meet certain requirements for them to â€Å"lift† the order. One of the many changes the bank made was we changed our Board of Directors. The new Board of Directors has changed many policies and has worked closely to meet regulators requests. We have part of the order lifted already but we are restricted on the types of loans that we can originate at this time. With continued efforts, improvements on policies and ensuring we are following all banking laws closely the bank will be able to lend money again in the near future. These regulations listed above are just the beginning of laws that apply to banking but they are the ones that are referred to daily in my job duties. The law is not used just to protect businesses and consumers. It is also used to protect us as citizens. For instance, a person who feels they were wronged by another person or has a debt due to them from someone else may file in civil court.

Wednesday, January 22, 2020

Moving and Literature :: Moving Immigration Essays

Moving and Literature Since I was six, my mother, sister and I have been moving to different places. Whether these were permanent moves or not, they have impacted me. The first of all moves was to an entirely different country, from Peru to U.S.A. I left my extended family, friends and surroundings behind for an unknown place. Although it was a dramatic change for me, I realize now how much that first change has influenced me in many ways. It has changed the way I view myself, and the way I tackle new experiences. A famous man once said, â€Å"America is my country, but Paris is my hometown.† I believe he too shared my feelings, that one can love two places equally yet differently without being partial to either one of them. When I compare all the places I have ever been to, I find that each one has left a unique trace in me. I do not find any one superior although they all stand out in their own way. Richard Ford, author of I Must Be Going, offers a different view to this argument: â€Å"It may simply and finally be the way most people feel when they are settled is the way I feel when I move: safe and in possession of myself†(111). Ford explains to the reader that the way he lives his life, frequently changing locations, is what his life is all about. The restrictions of having to stay in one place for the rest of his life is a frightening thought. Ford presents a good point; he believes that home is literally where the heart is. He feels at home when he is in the company of his family, not when he is in familiar four walls, like many do. I do not believe in Ford’s nomadic lifestyle; I like staying in one place, but I want to visit others and travel as often as possible.

Tuesday, January 14, 2020

Geoecology-Human Impact on Biomes

Humans have impacted on natural activities in the Sahel region and the desert biome region by over-cropping, overgrazing and deforestation. The Sahel is a narrow strip of land between the Sahara to the north and the Savanna and equatorial rain-forest to the South. It is a dry (Semi-Arid) region receiving rain in the wet Season from June to September. The Sahara desert is growing South by up to 5-10 Kilometers each year. Which is mainly due to human activity. Overgrazing: the people of the region were traditionally Nomadic. They moved following the rain and pasture- land. Wealth was defined by animal ownership by the tribes of the Sahel. As the number of cattle and goats increased so did the competition for grazing land. They allowed the animals to graze the land more than it could sustain. Young trees were also grazed. Herders also moved animals onto marginal grazing land until there was little or no vegetation remaining. Wells were sunk to provide water for all the animals. This made herders remain longer in the one area applying more pressure on the land. The wells used up all the ground water causing the water tables to fall. Eventually the wells dried up along with the land around it. As the human population increased farming methods changed, Nomadic herding was replaced with a more settled style of herding. Farmers began to fence in land and work it more intensely. Leading to soils being overused an d exhausted. Soils began to lose structure an minerals. Vegetation was lost due to the large numbers of animals grazing and trampling the land. It was also unable to grow back because the soil was now drained of all its nutrients. This in turn has a knock on effect, when the vegetative cover is lost it leaves the soil exposed to erosion by wind and heat. It leaves an easy job for heavy rain to wash away the topsoil. Over-cropping: The population of the region grew rapidly and this led to an increased demand in food. Grazing became replaced by growing food crops. The increased demand for food meant that the ‘Fallow Year' was abandoned. Farmers were also put under pressure by the Government to grow ‘Cash Crops' to help repay their International debt. this continuous usage of the grassland robbed the land of its nutrients and minerals. Soon this land became sterile and worthless. Farmers now needed more land in order to achieve the same return. ue to the shortage of wood people burned dried manure for heat and cooking, instead of using it on the land as a fertiliser. As the vegetation cover was reduced the amount of humus available was also reduced. Crops began to fail and again soil has lost its cover and was now vunerable to wind erosion. Deforestation: Wood accounts for around 90% of the energy requirements in the Sahel. Deforestation is ‘the loss of forests due to th over-cuttingvof trees'. Trees slow down the wind and their roots help to bind soil, they also absorb moisture during heavy rainfall. The removal of trees leaves soil exposed to erosion. The land which had been shaded by trees becomes dried out and burned by the sun, resulting in desertification. There are methods to solve the problems of over-cropping and overgrazing . Crop rotation is one way in which the soil is not exhausted, and so stop desertification. Farmers can also place lines of small stones acroos the land to act as dams. Here the water has no where to go but to be absorbed by the soil.. This reduces run-off and increases soil fertility. Contour ploughing is when the land is ploughed across rather than vertically. This to in the same way as the stones act as a dam and prevents run off and stops the topsoil being washed away in heavy downpours. Farming methods such as strip farming, where crops are planted widely spaced then a different plant is planted in the gap. This ensures the land is not being depleted of nutrients and the fact the crops are harvested at different times means both plants will be using different minerals. Shelters belts (trees) are also planted to prevent soil from wind erosion. Also shelter belts are normally friut producing trees which also provides a source of food.

Monday, January 6, 2020

Analysis About the Phenomenon of Racial and Gender...

I have read a book written by Darlene E. Clover, which named Global Perspectives in Environmental Adult Education: Justice, Sustainability, and Transformation. This book outlines theories and practices in environmental adult education that are emerging worldwide. The need for environmental adult education arises not from a deficit platform of andlaquo; lack of awareness and andlaquo; individual behavior modification-but rather from the asset belief in an existing - if sometimes hidden - ecological knowledge of the need for a deeper sociopolitical, race, and gender analysis of environmental problems, and the power and potential of democratic participation and collective action. Authors from Canada, the Philippines, Kenya, India, Mexico,†¦show more content†¦The federal government has the responsibility to ensure that schools and University comply with civil rights in law, change the different races in educational opportunity inequality. In addition, it is one of the most prom inent problems to accept the equal opportunities of higher education between men and women. Until twentieth century 70s, the U.S began to protect women’s right of education in the form of law. However, many studies indicate that, almost teaching and administration positions are monopolized by men in American higher education. (Deal, J. T., Kennedy, A. A., 1992) This also explains from another aspect women have the opportunity to receive higher education, but did not receive equal education outcome. Women of the revolution, social and economic progress, ideological change, and soaring house prices, all make the phenomenon of boys get big improvement. In todays society, at least in the education, the equality between men and women is obvious. At present the elementary school-age schoolgirls is as high as 99.59%, 0.08% higher than the boy, junior middle school enrollment rate at 95%, and no difference between the boys. (Aronowitz, S., Giroux, H. 2000). In college entrance examinations have girls constitute a 7, which reflects the evaluation system, the girl is careful, the patient to its advantage, and the boy begins to practice ability strong advantage cant be reflected. In the United States, 80% drop out of is allShow MoreRelatedDiscrimination Is A Big Social Problem893 Words   |  4 PagesDiscrimination remains widespread, types of discrimination exist from gender to workplace. In some cases, people are still treated as second-class citizens, lacking basic rights and sufferi ng violence and many kinds of disadvantages. Discrimination is a big social problem that needs to be addressed. In this memo, our group will clearly define current social issues such as sexual discrimination and racial discrimination, deeply analyze these two issues, and provide specific solutions for managersRead MoreAn International Student At Swinburne University1615 Words   |  7 Pageswithin an organization. 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