Wednesday, November 27, 2019
Amendments and East Side Riva Gang Essay Example
Amendments and East Side Riva Gang Paper November 21, 2011 Section # 45665, Hybrid Dr. Oliver M. Thompson Farah H. Soomro Student ID # 2252594 Phone # 415-920-3628 E-mail address: farah. [emailprotected] com Amendments And The East Side Riva Gang. The United States Constitution declares the Amendments that of which apply to anyone that is present in the United States, citizen or a non-citizen. The preamble, or an introduction given to the people, by the founding fathers of the United States was meant to lay an outline for the Amendments. One can interpret the preamble as a reason why the Amendments exist and why they are still being commonly used in the United States. The Amendments are also known as the Bill of Rights, which serve as a guide of basic rules established for the people who live, visit, or come to the U. S. , whether lawfully or unlawfully. The Amendments are derived from the English Bill of rights and English Law. The Constitution of the United States sets forth the nations fundamental laws. It establishes the form of the national government and defines the rights and liberties of the people residing in America. Many people do not realize the importance of Amendments, and only choose to practice them if and when they come in contact with the law. The Fourth and Fifth Amendments come into play when people are initially being arrested for any crime. The Fourth Amendment protects people against unreasonable search and seizure and the Fifth Amendment gives right for the person to remain silent, and not make self-incriminating statements. We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Sixth Amendment grants someone charged with a crime, right to a speedy trial by the peers of his community. Once the court knowledgeââ¬â¢s a crime has taken place by a person, Eight Amendment, is there to protect the person being charged with excusive fine or bail. Eight Amendments also grants the person found guilty to not face ââ¬Å"cruel or unusual punishment. â⬠The Fourteenth Amendment is perhaps the one we donââ¬â¢t realize very often. But it is there, to protect non-citizens and citizens alike. Civil gang injunctions are an increasingly popular gang suppression tactic. These injunctions were challenged in the past, but today city attorneys have carefully worded their filings, they now name every gang member, along with restricting what they wear, where they are allowed to go, how late they may stay out and prohibit the gangs from associating with each other, which includes throwing up signs, acting as lookouts and using drugs. Violating these terms could make them in contempt with court and carry a sentence. One such civil gang injunction was handed out to local gang here in Riverside, known as the East Side Riva. The issue rises, why are District Attorney; such as Rod Pacheco, allowed to violate privacy of these gang members. The word ââ¬Å"privacyâ⬠itself does not appear in the U. S. Constitution, but the U. S. Supreme Court has said that several of the Amendments create this right. One of which is the Fourth Amendment. It stops the police and other government agencies from searching citizens and or their property without proof of incriminating evidence that is to brought forth before a judge should generate a belief that incriminating evidence can be found on the citizens/property. The law in this stance is simple one is very much entailed to their constitutional rights, up until the guilty verdict, where the first right you lose is the one most cherish the most, ââ¬Å"right to privacy. â⬠This by no mean gives way to not having an attorney present, sixth amendment as stated above, gives one right to counsel. In the case of evidence use, there were a couple of cases; Boyd v. United States and Weeks v. United States, that said the federal government couldnââ¬â¢t use evidence acquired through an illegal process due to an exclusionary rule and it would not be admissible in court. So, if the evidence is obtained legally, it is admissible in court. Most of the Amendments might not be as black and white as people would want them to be. Our forefathers left a gray area, which has now been left to the people of various sates to fill in. Though unknown by me, as to how affective Civil gang injunctions are, there was never injustice, or overstepped boundaries by the DA. East Side Riva gang members were nothing more than nuisance to the society they resided in, loss of privacy and unable to contact each other, or being asked to wear different clothing seems rather reasonable, all things considered. Once arrested for a gang related crime, an illegal alien would have been tried, represented with counsel, procedures and trail would have been exactly the same, but being a non-citizen, and with the current over crowding of the jails and prisons, the person convicted would have been deported. Considering, immigration would have been notified of their affiliation with a gang and legal status. The legal basis for denying probationers and parolees full constitutional protections has varied over the years, (1) In the case of parolees; many courts adopted the constructive custody theory. This theory holds that parolees remain in the custody of the state while on parole and, therefore, are entitled to only the same limited Fourth Amendment rights as inmates. Not everyone followed this theory. In 1972, the Supreme Court decided the case of Morrissey v. Brewer. This case involved the application of Fifth Amendment due processes to parole revocation hearings, several comments made by the Court were on its later discussion of Fourth Amendment rights of probationers and parolees. The Court recognized without much discussion that parolees and, by analogy, probationers are different from ordinary citizens. Because of their unique position, states lawfully may impose restrictions upon parolees and probationers that otherwise would be unlawful if applied to ordinary citizens. In the case of East Side Riva gang, though the injunction might/might not solve the problem of these gangs associating, or communicating, but the District Attorney Rod Pacheco prosecuted them by the law. Endnotes: (1) For a good examination of the development of these legal theories, see Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment (St. Paul, MN: West Publishing Co. , 1996), Section 10. 10.
Sunday, November 24, 2019
Fredrick Engels Economics
Fredrick Engels Economics Fredrick Engels tried to understand society at a time when Europe was embracing capitalism. The period was characterized by industrial development and private ownership of property. Modern technology contributed to modernization of production.Advertising We will write a custom essay sample on Fredrick Engels: Economics specifically for you for only $16.05 $11/page Learn More The society had to change from previous modes such as feudalism to capitalism. Many scholars gave their views as regards to economic organization. Engels had his own views that were purely socialist in nature. According to Engels, resources should be controlled by society not individuals. In society, the owners of the means of production own everything whereas the proletariat owns nothing. The workers produce goods that they do not consume mainly because of high prices. Goods and services are extremely expensive for the working class since they are paid little. Pauperization finds its wa y to society because people cannot meet their needs. Political leaders take advantage of the prevailing conditions to buy votes from workers. Workers have nothing to offer in society apart from cheap labor (Engels 87). This paper analyzes how Engels viewed society and how he wanted the society to be. The paper addresses four major issues that are of concern to the working class. These include exploitation, alienation, subjugation and domination. Engels observed that economic organization was the central aspect of society. This means that the means of production such as tools, raw materials and skills are very important as compared to other values. Economics controls all forms of human life including social, political and cultural life. He referred to economics as the base meaning the foundation upon which other structures are developed. The superstructure such as ideas, culture, politics, education system and religion is controlled by economics. The rich persons use their wealth to acquire education and political power. Workers are perpetually pushed to the periphery if not subjugated. Workers exist only at the mercy of the ruling class.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More In other words, life is completely dependent on production and distribution of goods. Engels focuses more on materialistic interpretation of human history. He criticizes the existing social arrangement that is based on material resources. He correctly observes that the central institution of capitalistic society is private ownership of property. It is true that societal resources are controlled by the few in the capitalistic society. Goods are produced for the market not for domestic or communal consumption. Therefore, the major aim of the owners of the means of production is profit maximization. In this regard, they use all available means to accumulate resources. Engels observed that the owners of the means of production bribe voters to acquire state power. State machinery is employed to suppress any efforts of liberation. Police officers are used to prevent workers from exercising their democratic right of demonstration. The labor unions are influenced by labor ministries to accept biased labor laws. The learned members of society and religious leaders are also influenced by bourgeoisies to pacify the population. Intellectuals rationalize, legitimize and justify the existing social order, which is distorted in real sense. Religious leaders quote some specific verses of holy books to prove to the proletariat that everything is okay. Verses such as ââ¬Ëbe contended with your lotââ¬â¢ encourage the working class to work hard. Societal institutions such as the media are also objects that exist to serve the interests of the bourgeoisies (Engels 97). The owners of the means of production use the media to spread their ideology and propaganda. Furthermore, t he media is used to market products that only benefit the bourgeoisie. Engels used the idea of dialectics to show how change would occur. Change would occur in form of a revolution. The existing social order, which he terms as thesis will generate its anti-thesis. From the struggle, a qualitative and a more appealing social order would emerge called synthesis.Advertising We will write a custom essay sample on Fredrick Engels: Economics specifically for you for only $16.05 $11/page Learn More Engels perceived the synthesis as being people oriented. The state would be forced to serve the interests of the majority. This is what other scholars refer to as social democracy or socialism. Resources would be distributed equality among members of society. However, he cautions that the bourgeoisie will not sit back and watch the proletariat take over state power. The owners of the means of production would use all available resources and techniques to maintain status quo. Through this, many will lose their lives. According to Engels, nothing would overthrow the rule of minority other than a revolution. Some workers will be bribed to betray their fellow proletariat but workers will identify such tricks and move on with their plans. Engels continues to give his views by noting that profits would fall among capitalists mainly because of competition. At the same time, workers would gain consciousness and demand for their labor rights. Capitalists will resort to using technology because it is easy to control. Workers would then wage a war due to unemployment and hard economic life. This is how a socialist revolution will take place. In other words, Engels appreciates the relationship between the worker and the bourgeoisie. It is a complex relationship (Engels 101). Workers need employment whereas the bourgeoisie needs labor. In conclusion, workers cannot exist without the presence of the bourgeoisie. The employers try to eliminate workers from the p roduction process by resorting technology. Domination, exploitation, alienation and subjugation have reached climax in the 21st century. Each company produces goods for the market. Workers are expected to work like machines implying that Engels postulations are accurate. There is no time for leisure and social recreation in the modern world. The worker is only given some time to carry out animal related activities such as eating, sleeping and procreating.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Engels, Fredrick. Condition of the Working Class in England. London: Penguin Classics, 1987.
Thursday, November 21, 2019
What is the real happiness in a family Essay Example | Topics and Well Written Essays - 1500 words
What is the real happiness in a family - Essay Example Richard Bauschââ¬â¢s story, ââ¬Å"Arenââ¬â¢t you happy for me?â⬠in all its simplicity gives the reader an insight into a much more complex scenario depicted by observing a incident in the life of a ordinary family. In this story the more that is revealed, the more complex the situation that the father is immersed in becomes until ultimately he realizes the gravity of a situation he had underestimated; the distance that had become undeniable in his marriage and what a difficult path his daughter had taken. A key element of the story that is used by the author is that of revelation. It is used with gravity and artfully timed in the way it deepens not only the story but the characters as well. It further thickens the plot and depicts to the reader the importance of revelation and how the transformation the characters undergo with it as they are portrayed in light of their exquisite humanness. It is this very quality which makes them heroic and at the same time flawed. The story revolves around a phone call between a father and daughter as the predicament that the daughter is in slowly unwinds as the father discovers she is pregnant and about to marry a 63 year old man who was also her professor. As he internalizes and processes the situation his daughter reveals which in all its complicated nature seems to be a reason for joy for her, greatly disturbs the father as he categorizes the predicament as severely grave; a cherry on top of the problems his life already was in. "Outside the window, his wife, with no notion of what she was about to be hit with, looked through the patterns of shade in the blinds and, seeing him, waved. It was friendly, and even so, all their difficulty was in it." (p.87) Bauschââ¬â¢s style is highly effective in the way that he builds on to the sense of dismay and connects to the reader, as his daughter relays to him the string of bad news. "Honey, this is a joke, right? You're playing a joke on me." (p.89.) Furthermore the reader can clearly emphasize for Ballinger as the news is spun on him with the naive child like expectation to not react to news that was clearly startling for any parent. "You're going to react, then. I wish you could just promise me you wouldn't." (p.88). Bauschââ¬â¢s focus on the situation at hand and not the use of external factors to highlight the internal emotional and mental state of the characters is one of the major strengths of his narration. He brings forth a very relatable scenario that portrays the internal battle between the sexes, generations and family dynamics. The volatile reaction of the father and his uncontrollable bursts of anger lead us to imagine if it was this particular trait of his that had caused rifts in his until now happy and prosperous marriage. "That's not the point. The point is that you, sir, are not much more than a goddam statutory rapist. That's the point." (p.90). It also shows how adept the author is in casting inadequate male character s; a husband whose marriage if failing and a 63 year old professor who has impregnated and is now marrying his much younger student. There are two main focuses of Bauschââ¬â¢s story; one that revolves around a marriage and family starting and the other on a marriage ending. "The truth was that he had news of his own to tell. Almost a week ago he and Mary had agreed on a separation. Some time for both of them to sort things out." (p. 86) One cannot help but wonder if the fury
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