Police excessive force and the qualified immunity defense Essay

Police excessive force and the qualified immunity defense - Essay Example A Qualified Immunity defense is defined under 42 U.S.C. 1983 provides, "in pertinent part, that '[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State , subjects, or causes to be subjected, any citizen to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured" (CFIF, 2002). In many cases, the stopping of a person while in a vehicle or on the street has proven that many times there is no fourth amendment violation as the police may make a traffic stop or stop a pedestrian based on probable cause in the event of information received therein. In the case of United States v. Escalante, 239 F.3d 678 (5th Cir. 2001) "the court said, that although the traffic stop, even if pretextual, does not violate the Fourth Amendment if any officer making the stop has probable cause to believe that a traffic violation has occurred." (Legal Enforcement Legal Review, 2001). By having these traffic stops in the first place is a contentious issue based on the fact perhaps not all traffic stops are based on probable cause, but, rather on racial profiling. The searches of vehicles after the fact should be ruled constitutionally invalid and judgement in favor of the plaintiff. But, many officers use the qualified immunity defense to protect their interests and their integrity b y abstaining from legal subjectivity in pending litigation. The purpose of many officials using the Qualified Immunity defense is fully justified in cases where police stop an average, law-abiding citizen based on their racial profile or for what the police identify as probable cause. When the police use excessive force in further detaining an individual that is not under suspicion of any activity, this is clearly a violation of their Fourth Amendment rights. Once a court case is filed, the officer will then decry qualified immunity based on their assessment that force was needed due to suspected violation of their Constitutional rights. The purpose of this paper is to discuss cases relative to the claims of Qualified Immunity defense and if similar cases of excessive police force justify how the issue pertains to current criminal justice events and why the issue is important to consider. Discussion will also take form of the present status of this issue before the courts and/or other law-making bodies, a presentation of both sides of the issue presenting a pro/con or for/against discussion, an analysis of the issues and a proposal to bring forth this issue and recommendations for implementation. Present Case Status of this Issue before the Courts Since the September 11th attacks, there have been more prevalent instances of police and law enforcement

Senator Profile Essay Example | Topics and Well Written Essays - 1000 words

Senator Profile - Essay Example Corker is a Presbyterian and in his late twenties, he participated in a mission trip to Haiti. This trip inspired him to become proactive in the welfare of his home community. He remarkably pioneered the founding of Chattanooga Neighborhood Enterprise, a nonprofit organization aimed at providing low interest home loans as well home maintenance knowledge to thousands of Tennesseans since 1986. This enterprise since its inception in 1986 has aided many families to enjoy decent, fit, and affordable housing. Prior to his graduation from the university, Corker worked as a construction laborer. This points out to his love for hard work and determination to succeed in life. Upon his graduation, he worked as a construction superintendent where he managed to save adequate money. He later commenced his own construction company in 1979 with $ 8,000 he had saved from his former job. Admirably, this company grew tremendously gaining reputation owed to meeting deadlines not only on time but also b elow the budget. This attracted numerous clients prompting him to expand operations in eighteen states. In 1999, he had gathered enough funds to purchase two of the largest and oldest commercial real estate companies in Chattanooga. When appointed Tennessee Commissioner of Finance and Administration by Governor Don Sundquist in1994, bob exhibited exemplary leadership. In his two years in this docket, he tightened the state’s budget and helped eradicate poverty by creating jobs for almost forty thousand Tennesseans. In 2001, Corker rises to become the mayor of Chattanooga where he serves for one term. During his tenure as the mayor, he is famous of fascinating $ 2.1 billion new investments to Chattanooga. He also transformed the waterfront as well as implemented the merit bonus pay for teachers. This program improved student achievement especially in most poor performing schools. He also markedly contributed to crime reduction by working closely with local law enforcement offi cials. Focusing on his political life, Bob’s interest in politics dates back in 1994 when he declared his interest in contending for the senatorial seat on a Republican ticket. Unfortunately, he lost to his major opponent Bill Frist during the Republican primaries. However, even after losing to Bill, he continually supported Bill to the general election. This is adorable as it portrays his partisanship and loyalty to the Republican Party. Remarkably, the critics of Bill’s campaign manager who tagged him â€Å"pond scum† did not move him. Soon after the 1994 elections, Don Sunquist appointed him the Commissioner of Finance and Administration for the State of Tennessee where he served between 1995 and 1996. During his time in this office, Bob is attributable with numerous achievements like the $2.1 billion investment, cutting down crime by almost half, improving the quality of education amongst others. Bob served as the Mayor for Chattanooga following his victory in the 2001 elections. As a Mayor, he is significant for his value addition to education in Chattanooga. This he achieved by implementing a â€Å"merit based bonus system.† This program entailed giving bonuses to principals and teacher whose students exhibited improved performances. This encouraged competition amongst schools and ultimately improved performance of the students around Chattanooga. It is also during this time that Corker established a program aimed at facilitating monthly meetings with public

Different Aspects Of The Speech Presentation English Language Essay

Different Aspects Of The Speech Presentation English Language Essay Speech analysis is an evaluation of different aspects of the speech presentation. It is a critical skill to study a speech and how to deliver an effective speech. It is one of the twenty-five essential for a public speaker. It includes whether you attend the speech presentation, or view a video or read the speech text. Speech analysis is very important because the ability to analyze a speech will accelerate the growth of any speaker. It also will maximise the impact of the next speech presentation of a speaker. A common thing that happens after a speech is that you will start evaluating yourself right from the moment you leave the stage. Did everything go as planned? What did the audience think? Frequently, you will get so caught up in presenting your speech that you lose track of how the audience is reacting and responding. Thats why getting feedback after the speech is important, so you know what you did well and what you did poor. Thus, you can identify things that could make your speech even better. Body Incorrect method of the speech On the speech organization, first thing the speaker started with his introduction which is not organized at all, because he suddenly said, My speech isà ¢Ã¢â€š ¬Ã‚ ¦. without satisfying the audience and without revealing the topic. Moreover, he didnt explain what he is going to talk about in his speech. Thus, his introduction is poor while he didnt preview his general and its points. For the body organization, he didnt really show what is the major point of his speech. He used to explain some photos and using some examples with it. There is no clear idea about the way he organized his speech, he kept talking about some things which are not belong to the speech. Like changing from a topic to another without knowing where the beginning of it, he just said whatever came on his mind. The way he organized his speech is very direct and without any introductions of his ideas that he is going to talk about. In the end of the speech, he gave his personal opinion about the topic and how to go beyond your occupation, there is no specific purpose in his speech. There is no clear summary for his topic and he was like giving his personal idea only. On the language, in the first place, the speaker having trouble in saying what he wants to say. This might be the weakness of the speech muscles. For example, like the muscles of the face, tongue, and lips. The speaker also may have different speech characteristics. One of them is the speaker difficult to put sounds and syllables together in the correct order to form words. Longer words are usually harder to say than shorter words. Besides, he also made mistakes when speaking. The speaker may try saying a word several times before he said it correctly. Additionally, the speaker may not be able to communicate effectively with speech, and may need the help of additional communication methods. On the speech delivery, the speaker supposes speaking extemporaneously by uses only a set of brief notes or a speaking outline to jog the memory. However, besides using a set of brief notes, the speaker has relied on the presentation slide of the power point from the laptop to read to his audience for his speech presentation. On the other hand, on the speakers voice, although the speakers voice volume is loud enough for a small size of audience in a classroom, he gradually speak softly and not loudly when the time he read the script from the presentation slide of the power point from the laptop, the audience cannot hear clearly. The speaker also fall into repetitions pitch patterns that are just as hypnotic as a monotone. Although overall the speaker is not speaking too fast, he did mistakes again when the time he read the script from the presentation slide of the power point from the laptop. He is speaking so quickly that the audience lose track of his ideas. In addition, the speaker does too many pauses especially when every time he is forgot the script. Furthermore, when he does pause, he also pauses at the middle of thought units. This may distract audience from his ideas. Most important, one of the major mistakes that he made is he fill the silence with vocalized pauses such as uh, er, and um. This annoying the audience and they create negative perceptions about the speakers intelligence. Moreover, the speaker spoke extemporaneously with poor vocal variety. He did not develop a lively and expressive voice throughout the speech. On the speakers body, his physical actions affect much the outcome of his speech. Based on the personal appearance, the speaker wore a simple casual clothes and a hat during his speech. Its not a suitable attire clothes while you give a formal speech to audience. He also wear a cap during a speech, it shows disrespect to the audience. Besides, the speaker did a big mistake in his movement. He shakes his body here and there while talking. Sometimes, his body faces back or side to the audience. Next, is the gestures mistake that he had made. He moved too much of his hand throughout the speech. Sometimes he put his two hands inside his pocket; sometimes he let them hang at the sides; even sometimes he wring his finger and gently pat the table to retrieval his memory. These gestures that the speaker makes draw attention to themselves and distract from his message. The last mistake which he had made is his eye contact. He has almost no eye contact throughout the speech. He kept looking up and down from the laptop then back to audience again. It is the biggest mistake and the obvious part that he had made in this overall speech. Even sometimes, he closes his eyes to recall his memory. Suggestion of the correct method to improve the speech On the speech organization, the right organization that the speaker has to do is to gather his ideas and support the ideas with the right materials to send the clear idea of his speech, and as we said before, the writer didnt announce his specific purpose he announced only the general idea of his speech. He has to work on his speech by choosing the right methods of organizing the ideas and the points to be clear to the audience. Moreover, he has to support the ideas with statistics, examples or testimony, but he only used one method with is the examples but it was not on its right place, because he kept on giving examples about his opinion. The speaker should have organized his speech under the topical order because his general idea is about the host club so it is about a topical speech. On the language, basically there are some language techniques that the speaker can use for an effective speech. First, adjectives. Adjectives are the simple persuasive language. Second, repetition. It can be used for emphasis. By the way, it ensures the audiences are listening because repetition catches the ear. Third, asking question. Of course, the list of the speech is not complete without the question. This is an effective speech because it requires an audience response. It is also important for the speaker to remember that the language used in a presentation. Use only professional language to the audience. The speaker has to make sure that correct grammar and word choices are used through the presentation. On the speech delivery, because of the speaker supposes speaking extemporaneously, he should well-prepare and rehearse for several times for the speech which is just presented from a brief set of notes and no other materials. On the other hand, on the speakers voice, the speaker need to maintain his loudness throughout his speech and need to talk louder when the audience look puzzled, are leaning forward in their seats, or are otherwise straining to hear. The speaker also has to work on varying pitch patterns either upward or downward to fit the meaning of his words of the speech. Again the speaker has to maintain the rate he speaks throughout his speech, not too fast especially a slower tempo is needed when he is explaining complex information that is not familiar to the audience. In addition, when the speaker does pauses, he should make sure his pause at the end of thought units. Most important, to ensure the speaker do not filled with vocalizations such as uh, er, and um when every time he is forgot the script, he has to practice the speech several times using only the speaking outline as practice makes perfect. Moreover, when giving the speech, the speaker should modulate his voice to communicate his ideas and feelings. On the speakers body, posture, facial expression, gestures, and eye contact will affect the way audience respond to him. Based on the personal appearance, he should wear an at least formal suit and formal trousers. He has to take off his cap while giving the speech as it shows disrespect to the audience. Besides, on the movement, what he has to do is to stand straight and sometimes just move a little is possible. He body should also just face front to the audience. Next, on the gestures, he should only move his hand when he emphasizes any keywords. Eventually, on the eye contact, he should direct visual contact with the eyes of audience to help gauge his truthfulness, intelligence, attitudes, and feelings. He should also prepare a speaking outline before his speech and practice or memorize some parts of the speech to avoid mistakes happened by looking on the laptop by the audience. Conclusion In summary, weve covered three ways to give feedback from watching a video recording of a speakers speech. For the first viewing, we recommended listening to audio only for the speech organization and writing down word for word what the speaker actually said. Next, for the second viewing, we recommended listening closely to language that has been speaking by the speaker. Finally, for the third viewing, we recommended looking for speech delivery. Speech delivery includes methods of delivery, the speakers voice, and the speakers body. Particularly, we recommended looking deeply for any distractive or repetitive mannerisms to polish and refine the speakers speech delivery. When you implement these tips, you will not only look more professional, but you will feel more confident in your speech presentation as you make a greater your impact on your audience.

whats up with him :: essays research papers

What Is Up With Him? This weekend i went to my friend's hose because we were going out to get some coffe. As i sat on her bed and waited for her in her room. The room is small, but it is the coolest room ever. She has pictures of her favorite bands up on the wall. the style of her room is a mixtue of modern with a rock star twist to it. The phone rang and she started to get nerves. From that moment on i knew her boyfriend was gonna come over to her house. Everytime she getes nerves she starts spit a lot and she starts playing with her hair. As I sat on her bed she started to get more nerves, and looked at me like if her boyfriend was gonna get jealous. She was so nerves she look like if her parents busted her with drugs. Finally the boyfriend arrived with his friend. In this light brown Nissan Sentra, the car looked like a recent model. When he got there, I thought this guy is gonna be pretty cool, but he was a idiot. he is such a idiot that he can not even part straight. This guy was the must im-mature person I have ever seen. Even his sixteen year old best friend thought he was a idiot. This guy made Mr. Bean look serious. When he got to my friend's house, he didn't even give her a kiss or a huge. One thing I have learned is that no matter how cool the firlfriend is, they alwayswant a little kiss. Unless they are on their period, but wait a minute, aren't they like that all the time. Twenty minutes past, and the guy kept on messing up and talking out of his ass. Everyone got tired of listening to his unless conversation, that we started to play with the dog. As I laid on the bed I heard his friend wisper to him, "Dude, let's go..." When I heard that I realized this guy was digging his own hole. My friend's boyfriend thought he was a pimp and a badass comedian. Also this guy was very homophobic because almost all the jokes he said were about homo's. The boyfriend wanted to sound cool, but my friend just lost interest in the boyfriend. When i saw her face it look like if someone just died.

Renowned Jamaican Scientist Dr. Manley West

Renowned Jamaican scientist Dr. Manley West Dr West was a scientist. He taught pharmaco-logy at the University of the West Indies, Mona. Significantly, with Dr Albert Lockhart, he developed Canasol, a drug for the treatment of the eye disease, glaucoma, from cannabis, or ganja. Born in Portland, West attended the Titchfield High School. He graduated from the University of London, England, in 1967 with a Doctor of Philosophy in pharmacology.His career at the UWI began as assistant lecturer in pharmacology in 1964, from which position he was promoted to lecturer and internal examiner in pharmacology in 1968. Thereafter, in 1975, West served as acting head of the Department of Pharmacology and in that same year was appointed head of the Department of Pharmacology and chief internal examiner. He was appointed professor of pharmacology in 1981.West has received national and international acclaim for his development of the drug Canasol, as a treatment for glaucoma, for which achievement he was awarded the Order of Merit from the Government. In 1985, Professor West along with Dr. Albert Lockhart received national and international acclaim, for their development of   Canasol. Both were awarded the Order of   Merit from the Jamaican Government in 1987. Professor West was also awarded the Gold Musgrave medal from the Institute of   Jamaica for his pioneering work with the drug.In 2001, Professor  West, and Dr. Lockhart introduced a cannabis-derived medication called Cantimol to treat the potentially debilitating condition of glaucoma. It was the world's first combination of an alpha agonist and a bet blocker (two types of drugs) in one bottle for the treatment of this disease. The Food and Agriculture Organization (FAO) also conferred on him the Bio-Diversity Gold medal for the conversion of  a plant compound to medicine, and he was awarded the Legacy of  Honor, for the Caribbean for his contribution to mankind.

Water Microbiology

Alyse Rose Microbiology Lab Bacterial Unknown March 25, 2013 Bacterial Unknown Report Each student was given an unknown bacteria to figure out. I was given the unknown bacteria S38. Everybody is supposed to do all sorts of test to identify the bacteria. The first thing I did was smear my bacteria on a liquid medium. I then proceeded to incubate the medium for 24-48 hours. 1. GRAM STAIN The next step I took in finding my unknown bacteria was to gram stain it.This is used to differentiate the bacteria. The different staining reagents are: crystal violet, grams iodine, acetone-alcohol, and grams safranin. Under the microscope it was a pink color, which means Gram Negative. Also, the shape was a rod. 2. KLIGER’S IRON AGAR (KIA) The next step I did was the KIA slant. This is for the Negative bacteria to see if they are in the Enteriobacteriaceae group. There are many different results than can occur, like: 1.Yellow slant/yellow deep- (A/A) glucose & lactose are fermented; if the bu tt has bubbles in it or is displaced, the tube is gas positive. 2. Red slant/yellow deep- (K/A) glucose but not lactose is fermented 3. Red slant/black deep- (K/A) glucose but not lactose is fermented and H2S2 is produced. The deep is acid (yellow) 4. Red slant/ red deep- (K/NC) neither carbohydrate is fermented. Peptone is degraded aerobically My result was a red slant and black deep. When is H2S2 is produced. Read Chapter 8 Microbial GeneticsThe deep is acid (yellow). Glucose was fermented and lactose wasn’t. 3. UREASE HYDROLYSIS TEST This test is used to see if urea is used. Proteus can be determined because there fast urease activity. Proteus is the ability to utilize lactose. My test resulted in a positive result. It was a pink color. In my end result, my unknown bacteria is Proteus Vulgaris. Gram Stain| Positive Gram Stain| Negative gram stain| KIARed slant/black deep| Urease Test| Urease Positive| Urease Negative| Proteus Vulgaris|