Case Study-Police and the Law Study Example | Topics and Well Written Essays - 1250 words

-Police and the Law - Case Study Example For this reason, the Exclusionary Rule that is recognized by the United States Supreme Court comes to primary importance. For purposes of this brief analysis, this author will utilize the fundamental precepts of the Exclusionary Rule alongside three specific cases, Weeks v. United States, Rochin v. California, and Mapp v. Ohio, to illustrate the progressions that the judicial system has made with reference to realizing, appreciating, and categorizing the means by which evidence can be legally and rightfully obtained as well as recognized within a court of law. For purposes of clarity, the Exclusionary Rule will be defined within this analysis as a legal principle under constitutional law which states that any evidence that is collected which violates the rights of the defendant is non-admissible for criminal prosecution in a court of law. The importance of such a constraint is massive due to the fact that it helps to place much needed limits on the powers that the prosecuting entity, almost invariably that of law enforcement, can legally impose on an individual that is suspected of transgressing the law. For purposes of explanation, one can directly link the development and historical significance of the Exclusionary Rule to the Fourth Amendment to the United States Constitution. In such a way, the Exclusionary Rule can be understood as an expansion of the power that protects citizens from unlawful searches and seizures. As will be seen in the proceeding analysis, this prohibition against unlawful search and seizure can even extend into cases which police and the requisite authorities have all necessary search warrants necessary to perform a standard search (Fettig 2010). In this way, the unique level to which the exclusionary rule works within the judicial system helps to ensure that even if law enforcement representatives have requisite documentation, they are not allowed to deviate from a proscribed role in seeking to gain such evidence. As the following cas es will show, a great deal of development has taken place within the Exclusionary Rule and the means by which the rights of the individual have been championed in place of granting greater and more expansive powers to law enforcement. With respect to the first of these cases, that of Weeks v. United States (1914), this was a case that set a level of precedent with relation to the Fourth Amendment and the application thereof to ensure that evidence gained during a warrantless seizure was inadmissible in a federal court of law. The prohibition against allowing evidence procured in such a manner being admissible in a federal court of law was beyond merely disallowing federal agents to gather such evidence and present it within a federal court, it also prohibited federal agents from receiving evidence received in such a manner from being retrieved by their state or local counterparts. However, noticeably missing from this case was a prohibition against any evidence whatsoever being gath ered or utilized in such a way (Campbell 2011). The case itself was concentric upon Weeks having his own possessions rifled and taken during a police search that did not have the power of a search warrant. As such, Weeks protests were eventually heard by the Supreme Court and the case itself was thrown out due to the majority opinion that such a search violated the soon to be elaborated upon Exclusionary Rule

Legal Aspects of a Business Essay Example for Free

Legal Aspects of a Business Essay Introduction When starting up a new business it is very important to look at the legal aspects which will influence the company in the future. In this part of the information file there will be the most important legal aspects for running a student company. First there is the selection of business form, in which there will be a compairison between the different possible forms. Afterwards a description of how the student company will work with contracts and partners. And finally there is an explanation of the typical dutch legal aspects such as profit tax and dividend. Business form Most important before starting the actual business is to compare the different possible legal business forms to make sure that it suits the intentions of the entrepreneurs. First the expanation per legal form will be given and afterwards a choice will be made for the student company itself. There are three basic legal business forms which can be chosen when starting up a new company: sole proprietorship, partnership and corporation. Each will be described shortly and afterwards the form of the student company will be given. Sole proprietorship The sole proprietorship is the oldest, most common, and simplest form of business organization. A sole proprietorship is a business owned and managed by one person. The prevalent characteristic of a sole proprietorship is that the owner is inseparable from the business. Because they are the same entity, the owner of a sole proprietorship has complete control over the business, its operations, and is financially and legally responsible for all debts and legal actions against the business. Another aspect of the same  entity aspect is that taxes on a sole proprietorship are determined at the personal income tax rate of the owner. In other words, a sole proprietorship does not pay taxes separately from the owner. A sole proprietorship is a good business organization for an individual starting a business that will remain small, does not have great exposure to liability, and does not justify the expenses of incorporating and ongoing corporate formalitie. Corporation A corporation is a business entity which is owned by an individual or group of individuals and they run a business that legally exists. A corporate body is formed to regulate and manage business. People work as a unit in a corporation and produce the value that will generate income. A lot of employment is generated by corporations and they have now a big impact on economic growth and the social development of any country that operates in the free market system. A corporation has rights and responsibilities just like people have, and can also be liable to the processes of law just as an individual can. The characteristics of a corporation are the limited liability of shareholders, management being delegated to a board of directors, ownership by shareholders, transferable shares and that it has a separate legal personality. Relevance to Student company The fact that the student company will sell shares and therefore will be owned by the shareholders, the student company will be a corporation. Big advantage of this legal form is the spreading of the potential business risks because of the large amounts of shareholders. Disadvantages for the entrepreneurs is the limited power within the company because of the â€Å"voice† of the shareholders and sharing the possible profit with the shareholders. Within shareholder meetings important decisions or problems will subject and together with the entrepreneurs the business strategies are set. Contracts with other parties Because the student company will be a trading company it is very important to make clear arrangements with the suppliers, customers and the entrepreneurs  itself. This will split the the risks of the entrepreneurs as well as the business partners in the buying cyclus. Because it is still not clear what kind of product or service the student company wil sell, this will be researched later on in the market research. Laws and taxes When somebody wants to start up a company within the netherlands this person should notify the Inland Revenue as soon as they know when their company plans to start business. If this person starts as sole trader, a partnership, a limited partnership or a partnership under common firm, he or she can register the company for the Inland Revenue and the trade register at the same time. This can be done at the Chamber of Commerce. It is to your advantage to provide this information at an early stage: new companies which have made investments in their business often receive money back following their first value added tax return .This is because a new business often pays more value added tax in the beginning than it has actually charged. Value added tax It is almost always compulsory for businesses to charge clients value added tax. Businesses are nearly always liable to charge value added tax to their clients. The rate is 6% or 19% depending on the type of product or service. The value added tax which a company receive from the client must be paid to the Inland Revenue. The value added tax which the company has paid out itself to the suppliers can be offset against this. Value added tax is paid either monthly or quarterly, depending on the type of business and the level of turnover. Corporation tax If the company is a private company with limited liability, the owners will be liable to pay corporation tax. Corporation or corporate income tax is levied on companies established in the Netherlands and on certain companies not established in the Netherlands, which receive income from the Netherlands .In this context, the term company includes companies with a capital consisting of share, co-operatives, mutual insurance and credit companies, foundations and other legal persons incorporated under civil law, when they administer an enterprise, funds for common account, and most  publicly-controlled industrial and commercial undertakings. Basis of assessment Profits in the widest sense, with a number of additions or deductions. The determination of the taxable profits corresponds largely with the determination of profits taxable under personal income tax, including the deductibility of losses from other years. Exemptions Legal persons whose activities are of a social or charitable nature or otherwise in the public interest are exempted from corporation tax. Exempted categories of profit are those corresponding to the relevant exemptions under personal income tax. Furthermore the participation exemption applies to all dividends, gains and losses related to the holding of at least 5% of the shares in a subsidiary. This rule, preventing economic double taxation, is in general equally applicable to dividend deriving from domestic and foreign subsidiaries. The loss related to the winding-up of a subsidiary is, under certain conditions, deductible by the parent company. The deductibility of interest paid on non-functional loans and loans related to a reshuffle of participations within the group is restricted to certain circumstances. Another amendment permits companies to depreciate loss-making participations of 25% or more during the first five years after acquisition. Special features Fiscal unity: a company which holds 100% of the shares in a Dutch subsidiary may request to be qualified as a fiscal unity. However, certain conditions apply. It is possible for a fiscal unity to be consisted of more than two companies. The subsidiaries are considered to be absorbed by the parent. As a result, negative results of companies belonging to the unity can be compensated horizontally with positive results of the others. Interest paid to a group company in respect of the acquisition of shares in Dutch operating companies cannot be set off against the profit of these operating companies. Regime for investment funds: provided that all current income is distributed to shareholders and a number of other conditions are met, an  investment company or fund is entitled to add capital gains on securities and real property to a reinvestment reserve and to a rate of nil per cent on the remaining profit.

Comparing Finance Motivation With Non-finance Motivation

Comparing Finance Motivation With Non-finance Motivation Motivation is willing to exert high level of toward organizational goals, condition the capability to meet some people need. (Hall. et al., 2008: 374) According to some business analysis, employee motivation is a good method to improve the productivity of organization. While people get motivation, they will have a reason to put more energy on what they are doing. (Echeat, 2005) Consequently motivation is an important management tool that lifted the work team ability. Therefore, this article will discusses what kind of method is more suitable to motivate employees and reason. There are a considerable number of different ways to motivate employees, including financial motivation and non-financial motivation. Motivate staff must determine which is financial motivation or non-financial motivation. This will depend on which factors have contributed to staff, in addition, it may also be the companys budgetary constraints and cannot compensate for any increase in salaries or bonuses, therefore, non-financial incentives are required to submit. Low-wage workers may dissatisfy with their work, as a result, the non-financial incentives will not be an effective motivation. Consequently, it is important to find a balance between them. Although the financial motivation has little value, most firms still use money as a main incentive. There are a variety of payment systems that a company use to motivate staff. For example wages and salaries, piece-rate, fringe benefits, free house, the educational fee of children, the cars, the credit card and share ownership which provided by the companies. (Hall. et al., 2008:381) Taylor scientific management motivation had stated that employees were heavily linked financial factor to meet their maximum gain, people acted individual, not grouped, and people acted like machine. For a pair day payment related to piece work could maximum employees potential ability and motivated and high payment in return. (Hall. et al., 2008:375) Money is the most direct way of motivate employees. People will think about salary when are looking for a job. For instance, there are 17,300 employees accept financial incentives in stock and bonuses. As a result, HBOS also accept cash reward system after merger. Each of HBOSs 65,000 employees will awarded free shares worth between  £500 and  £3,000 and totaling  £70 million. Workers will also benefit from two staff share pounds. Staff worked hard who after got money award. Moreover, to follow the HBOS shares went up more than 56% over the last three years. (BBC News, 2007) Consequently, according to the case, it not only reveals the money has encouraged, but also it is a kind of important incentive way. Financial motivation make a significant improvement on companys performance, non financial motivation also plays a key role during the continuous development. There are four kinds of main methods of non-financial motivation, including job enrichment, job enlargement, team working and empowerment. Job enrichment means enable workers to be more interested in challenging and complex task. Workers should have the opportunity to complete a work unit as a whole rather than individual task. This method can stimulate job enlargement or job rotation, because it increases the complexity and challenging, rather than provide diversification simply. Secondly, Job enlargement is simply give workers more tasks to do, just like a similar nature and complexity. Teamwork, that is to say employees in the group or team work. In the team work, a person can more easily establish friendships and have a sense of belonging to a whole, a unit or group. Team work has other advantages too. Team work can lead to greater production flexibility, employees may be multi-skilled (and can do more than one persons work), because they learn from other team members or a formal job rotation. It means that they can cover any absence from work; they can quickly adapt to new production technologies. Finally, give the power or authority to staff so that they can decide how to finish their work. (tutor2u, 2010) Even though the money may be an incentive to work; at work, payment does not change the way people pay more. Staffs need an incentive to combine. That is why the Royal Bank of Scotland (RBS) offers so many non-financial incentives to improve personal life. RBS is one of the most important powers of the employees which is the good performance of the level of progress. RBS encourage citizens make it happen through the personal development. It means that RBS encourages staff to grow and develop their skills and abilities. This in turn help RBS change to a company. Employees agree development needs with line manager in their annual performance evaluation. This is recorded in the personal development plan. Development may involve more training so as to acquire new knowledge and skills. This can improve their promotion prospects, and allow employees to improve the organization and their total rewards. (thetimes100, 2010) Consequently, In RBS, employees enjoy Total Reward-A specific wages a nd benefits far beyond salary. It offers each staff not only just money, but also a personal choice, just as working hours and safety. In conclusion, in the view of financial cost there are two variety companies. One with less number of employees so that managers can easily supervise and control. Company can use finance motivate employees who does not need through evaluation process. Another one is a large company which has a significant number of employees. Managers cannot pay attention to every employee; therefore, they can encourage active employees to work by non-financial motivation. Because no company is interested in paying high capital as a reward for their employees. Relative to non-finance motivation, it is a good choice. In my view, non-financial motivation is suitable for both large enterprises and small firms, I suggest that company could use non-financial motivation to encourage staff, because not only does it widely applicated but also save money. Reference BBC News (2007) (online) Staff benefit from HBOS profits http://news.bbc.co.uk/2/hi/uk_news/scotland/6403271.stm (Access date: March 16, 2010) Echeat (2005) (online) Motivating Employees in the Workplace http://www.echeat.com/essay.php?t=27630 (Access date: March 16, 2010) Hall.D, R.Jones, C.Raffo and A.Anter (2008) Business Studies 4th education, Harlow, Essex, Pearson Education (Access date: March 16, 2010) Tutor2u (2009) (online) Motivating employees financial rewards http://tutor2u.net/business/gcse/people_motivation_financial_rewards.htm (Access date: March 16, 2010) Tutor2u (2009) (online) Motivating employees non financial rewards http://tutor2u.net/business/gcse/people_motivation_non_financial_rewards.htm (Access date: March 16, 2010) Thetimes100 (2010) (online) Motivation at RBS Total Reward http://www.thetimes100.co.uk/case-studymotivating-through-total-reward106-258-4.php (Access date: March 16, 2010)

Essay --

Separate Spheres Concerning Work Life and Family Life Industrial revolution is a time reigning from the 18th to 19th century. The era was marked with the major changes in the transport industry, mining, manufacturing and agriculture. This was due to the profound impact of the early agriculture on the cultural and socioeconomic aspects concerning people’s lives. The result of the industrial revolution spread throughout North America, Europe and the entire world with time. This marks the major turning point in early life and history of man as the industrial revolution influenced almost all aspects of human life in the present civilization. There was a rapid population growth and improved standards of living due to the advancement of the industrial revolution (Triece, 2007). This paper is going to cover all aspects of family life and work life as separate spheres and how they create both men and women experiences today. With the advancement of the ancient technology, family life shifted to women expectation while the men dominated the business life. This is highly evident as most of the duties at during the ancient time required lots of determination and work force. Most of the work was so tiresome for women due to their nature of being less masculine. In this regard, work life is a balance of concepts that usually entails good prioritizing with an individual’s lifestyle and work. These are the choices that individuals make in their lives concerning different roles and duties in the community. A dramatic change is evident in both the demographic profiles and labor markets. Most of The families have embarked on the dual earner kind of living from the traditional mode that views the male as the only breadwinner. Relevant to this, the c... ...refore, the emergence of politics, religion and male public figures promoted the ideology of women as a civilizing force within the family home. For example, men took part in active war front in the Second World War while the women sustained them with their daily food supply and provision of medical care. Some women roles declined to the extent of acting as spies’ and providing the relevant information to the men in battle. In conclusion, the separate spheres mainly acted as a reminder to both genders concerning their duties and roles concerning the entire society expectations towards them (Tronto, 2013). References Triece, M. E. (2007). On the picket line: Strategies of working-class women during the depression. Urbana: University of Illinois Press. Tronto, J. C. (2013). Caring democracy: Markets, equality, and justice. New York: New York University Press.

Administrative Justice

Due process model advocates that an individual cannot be denied life, liberty, or property in the absence of legal safeguards and procedures. The rights of individuals charged with crimes ought to be safeguarded by the criminal justice system.Arrestees are treated as innocent until proven otherwise by a court of law. Policing is paramount to the maintenance of justice within society. The primary objective of criminal justice is to facilitate due process and basic legal fairness.The Bill of Rights advocates for defendants’ rights protection and hence this model emphasizes the same (http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html)Due process model holds that police powers ought to be curtailed to prevent official oppression of citizens. The model stresses the possibility of errors in police informal, non-judgmental investigations.   Criminal justice dispensers should be accountable to proce dures, regulations and guidelines to facilitate consistency and justice in the justice system.Criminal justice procedures are viewed as obstruction processes comprised of a succession of impediments in form of procedural defenses that protect the factually innocent in the same way they convict the factually guilty. It is advocated that an individual should be declared guilty only if legal processes are adhered to but not merely based on facts.Due process notes that people’s memories are notoriously poor as regards disturbing happenings. Highly emotional contexts will likely lead to inaccurate recollections. Confessions by individuals in police custody will more likely yield information that is distorted to favor what the person thinks the authorities prefer to hear.The truth is thus shielded. The model thus advocates for public hearing of a case by an impartial tribunal and rulings made only after the accused has had a chance to defend themselves (Shanahan, 1977, p.376).Crime control perspective assumes total reliability of police informal investigations and views arrestees as already guilty and liable to government punishment. The ability of analytical and prosecutorial agencies to produce and reconstruct a bearably precise account of what really transpired is given much weight.Arresting of suspects is viewed to be negative in that it drags the criminal justice system. The model holds that the suppression of crime should be the most paramount aspect of criminal justice since order is crucial in a free society. Safeguarding the rights of victims takes precedence over protecting the rights of defendants.The police ought to be granted more powers to facilitate investigation, searches, arrests, seizing and conviction of suspects. Legal hindrances that restrict police activities ought to be done away with (Shanahan, 1977, p.377).The failure of law enforcement agencies to tightly control crime is viewed to result in breakdown of social order thus eliminating a crucial aspect of freedom. A generalized disregard of lawful controls crops up if   there is a wide perception of elevated failure to arrest and convict offenders.   The civil individual then suffers from illegal invasions on his welfare and high insecurity.The crime control viewpoint proposes that criminal justice procedures should be swiftly and efficiently executed and disposed off. Arrested suspects are presumed guilty since this model highly rates the reliability of police investigations reports. The primary objective of criminal justice system is to find out the truth or to realistically determine the guilt of the accused.Crime control model signifies conservative values while the due process model reflects liberal values. Assessment of values is required so as to prove one model superior to the other. The policy to be applied depends on the prevailing political environment. due process policies predominated the liberal 1960s whereas conservatism 1970s and early 20th ce ntury were characterized by crime control model.The concept of equality has gained popularity as the basis for agitating for implementation of the due process model. The existence of gross inequalities occasioned by financial means of defendants calls for mobilization of resources to shield the accused to prevent their denial of credible defense. The due process model is thus evidently the approach that is likely to be popular in future (Oliver, 2008, p.135). ReferencesCriminal justice: Which model? Crime control or due process –cliff notes. Retrieved on 28th February 2009 from http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html.Oliver, W. M. (2008). Catholic perspectives on crime and criminal justice. Lanham, Maryland, USA: Lexington Books.Shanahan, D (1977). The Administration of Justice: An Introduction. London: Routledge

Free Essays on Jewish Sects

JEWISH SECTS A Response Paper on â€Å"Three Jewish Sects and the Intertestament Period† Sharondah Duckett Southern Christian University In determining how to best respond to the sects present I had to do ask, which question presented one needs to consider the significant purpose behind the sects. Based on the research, and the effectiveness of the answered questions the three sects chosen where Pharisees, Sadducees, and Zealots. Williams says, â€Å"The rise of the Jewish sects is traceable to the impact of Hellenism on the life and the culture of the Near East. Each Sects individual development, philosophy, and history has its own foundation. Although, you can compare and contrast, that of the Pharisees and Sadducees within Intertestament period they still have separated philosophy. The Pharisees were, along with Sadducees where two of the three haereseis (â€Å"schools of thought†) that flourished among the Jews from the time of Jonathan the Hasmonean (d.143/2 B.C.E.) until the destruction of the second Temple in 70 C.E., according to Josephus Flavius. There are two different accounts about how the Pharisees and Sadducees came about. Williams, describes their history of Pharisees as being as early as â€Å"Hasidim, conservatives, sticklers for the Law and the traditions of the elders, believers in the angels, spirits, and the resurrection from the dead, ceremonial purity, and moral separateness†. He gives in to account also that â€Å"Hellenists, the priestly aristocracy of worldly-minded liberals became known as Sadducees† Meanwhile, the Jewish historian Josephus says, â€Å"The beginning of the Pharisees and the Sadducees not precisely known.† Josephus indicates, that â€Å"at the time of John Hyrcanus I (later half of the second century B.C.E.) The Pharisees had already formed an influential body.† The Sadducees, are first mentioned by the writings of Josephus in which he indicates â€Å"the Sadducees opposed the Pharisees i... Free Essays on Jewish Sects Free Essays on Jewish Sects JEWISH SECTS A Response Paper on â€Å"Three Jewish Sects and the Intertestament Period† Sharondah Duckett Southern Christian University In determining how to best respond to the sects present I had to do ask, which question presented one needs to consider the significant purpose behind the sects. Based on the research, and the effectiveness of the answered questions the three sects chosen where Pharisees, Sadducees, and Zealots. Williams says, â€Å"The rise of the Jewish sects is traceable to the impact of Hellenism on the life and the culture of the Near East. Each Sects individual development, philosophy, and history has its own foundation. Although, you can compare and contrast, that of the Pharisees and Sadducees within Intertestament period they still have separated philosophy. The Pharisees were, along with Sadducees where two of the three haereseis (â€Å"schools of thought†) that flourished among the Jews from the time of Jonathan the Hasmonean (d.143/2 B.C.E.) until the destruction of the second Temple in 70 C.E., according to Josephus Flavius. There are two different accounts about how the Pharisees and Sadducees came about. Williams, describes their history of Pharisees as being as early as â€Å"Hasidim, conservatives, sticklers for the Law and the traditions of the elders, believers in the angels, spirits, and the resurrection from the dead, ceremonial purity, and moral separateness†. He gives in to account also that â€Å"Hellenists, the priestly aristocracy of worldly-minded liberals became known as Sadducees† Meanwhile, the Jewish historian Josephus says, â€Å"The beginning of the Pharisees and the Sadducees not precisely known.† Josephus indicates, that â€Å"at the time of John Hyrcanus I (later half of the second century B.C.E.) The Pharisees had already formed an influential body.† The Sadducees, are first mentioned by the writings of Josephus in which he indicates â€Å"the Sadducees opposed the Pharisees i...