Sunday, October 6, 2019
St George's Church, Schenectady, NY Essay Example | Topics and Well Written Essays - 750 words
St George's Church, Schenectady, NY - Essay Example To the north is the Mohawk river. As an Anglican Church, St. Georgeââ¬â¢s was established by British missionaries and supported by many other churches in the area. Donations were provided by Trinity Church on Wall St., as well as from the many Dutch and English settlers. Sir William Johnson became one of the first parishioners, with a generous donation. He also used his influence with fellow officers to gain even more support. ââ¬Å"Well known throughout the colonies for his defeat of the French at Lake George, Johnson's heroic capture of Fort Niagara only weeks before the initial subscription helped guarantee a favorable response.â⬠(stgeorgesschenectady.org). Church membership was limited to those who held blue collar jobs with limited means Through the 1700s. In the 1770s, during the Revolutionary war the church was used as a barracks. For the remainder of the century the church struggled with membership and obtaining appropriate leadership. Again, in the early 1800s Trin ity Church donated funds for repair of St. Georgeââ¬â¢s and for the Rectorââ¬â¢s salary. In 1810 the church formed a choir. By 1830 a Sunday School with around 70 children was operating. An active Ladiesââ¬â¢ Guild was also raising funds for church projects by this time, allowing it to become more self sufficient. In 1941 William Johnson returned, this time as Rector of St. Georgeââ¬â¢s.
Saturday, October 5, 2019
Wright Brothers patent cases and influence on aviation Term Paper
Wright Brothers patent cases and influence on aviation - Term Paper Example This was way back in 1903 and two years later they created the aircraft which was the first empirically done-wing aircraft. Even though they might not be considered the first to develop a flying experimental airplane, they are credited for being the pioneers in inventing an aircraft that could be controlled with a fixed wing energized aircraft (John, 2004). Their essential success was in the construction of the three-axis control that helped the pilot to maneuver the airplane successfully and to sustain the balance it needed. This mechanism came to be the norm and is still the benchmark on fixed wing airplane of all types (John, 2004). From the start of their aviation creativity, the two brothers put their efforts into solving the puzzle of flying. Besides, they made attempts to patent their invention to prevent imitators who would outdo them in the long-run. From their invention, there was a great influence on the aviation industry that brought about the current modern airplanes. .. . However, some authors argue that the Wright Patent cases had a very retrogressive impact on the American aviation during the early nineteenth century (Parish, 2004). However, the precedents set in these cases perceived in the context of the disparity in the opinions of the military amongst the different aircrafts producer; it seems valuable to the current time period. The connection between the training pilots and the producing firms was to a large extent solidified by the social relations. The Wright Brothersââ¬â¢ patent case was complicated by the various technological details which involved use of diagrams that necessitated the readers and users to see the finer details under its description. The main details were well understood by the users. Fundamentally, the patent cases placed the American aviation industry on a slow growth. The American aviation had all the rights to be first ones to invent a flying machine. This was not possible under the Wright Brothersââ¬â¢ patent t actic. This eventually impeded the growth of the aviation industry in America. Turning the attention to the United States military aviation, the Wright brothersââ¬â¢ patent case had significant influence on aspects such as politics, technology, culture and the entire organization where their evolution was stunted immensely. Lack of funding by the federal government was another drawback to the military aviation owing to the patent cases which disrupted the civilian opinion on the aeronautic constituency. The various ligation cases by the Wright Brothers disrupted the development of technology in the American aviation industry and reduced the pace of the manufacturing capacity of the American aviation industry. Even though the experience of war assisted in
Friday, October 4, 2019
Prime Minister Essay Example for Free
Prime Minister Essay As he walked up the rickety stairs to the graveyard, his hand flaking the paint off the banister, listening to the thunderstorm overhead, Jake felt apprehensive. He was startled by the rustling of the autumn leaves in the bitter wind and the dancing of their shadows cast by the orange street light. He had left his friends house in a good mood but that was long gone as he sensed the peril that he was in. It was back. A creature had been following him on or off for weeks now and Jake could hear the sound of two extra footsteps a few metres behind him. He turned around but, as always, there was no one there. He knew he was not imagining it, but he didnt want to tell his family or friends as they would just laugh at him. While turning round once more he and thought he caught a glimpse of something, too big for a dog but too small for a human. He broke into a run and knew that his follower had done the same. He looked round and saw that his assailant was now making no effort to hide. The ground was being eaten up by this monster like creature that was pursuing him and he knew there was no hope. His screams for help filled the air but it was too late for there to be anyone out to hear him. He looked around for any means of protection and saw a stake with a note about the up-and-coming Easter egg hunt in the graveyard. Wrenching the stake from the ground, he turned to face his attacker; seeing how close the monster was too late. The creature was right at the end of the stake and as he collided with it, the stake went straight through his right shoulder. As Jake looked down at the victim that was now pinned to the ground by the stake he saw its coal-black cape, its milky-white fangs and his blond hair and blue eyes in the reflection off its pale white eyes. He started to run, as what he saw was a creature that he had thought only appeared in nightmares. It was a vampire! Ã As the sweat ran down his wrinkled face, the Prime Minister struggled to answer the last question concerning the rising number of murders in populated towns and cities. He knew that this new problem was going to be hard to solve and could cost him his job but he would do his best. He left the interview in a hurry, trying to get away from all the questions. As he finally got out the door, ignoring the crowd of reporters with their cameras flashing at him, his personal assistant rushed to his side and told him that he had urgent news from the Minister of Defence. He walked, wearily, but briskly, to his office and picked up the phone to his colleague. Prime Minister, I have urgent news regarding our current problem, he explained with a tone of graveness in his voice, We have video evidence of one of the creatures that are committing these assaults. Creatures? the Prime Minister asked, wondering if his colleague had made a mistake. Yes. We appear to have the first ever sighting of vampires in the world. I think we should try to get hold of one of them to question it. Yes, of course, please keep me informed of any more news that comes in, the Prime Minister stuttered incredulously, his face turning white at the thought of vampires on the loose. He knew that whatever it was that had to be done had to be done quickly, or else the whole population was in danger. The Minister of Defence had had a hard day. His phone had been ringing all day with enquiries from police stations all over the country. He was glad that he had finally found out the nature of the problem that the nation was facing. He knew that the Prime Minister was under extreme pressure but he was seriously losing faith in his ability to cope with this crisis. He was looking older every day, his good looks gone and his famous, lush brown hair was now grey and clearly thinning. The stress of his job was taking its toll and some of his recent decisions had been so questionable that the Press was having a field day. He knew that his doubts were shared, not only by the members of the Cabinet but by a large section of the population. As the phone started ringing once more, he cursed and picked it up knowing that it would be from another Police Officer in some part of the country asking for advice on what to do with another victim of an assault. That is why he was surprised by what was said.
Thursday, October 3, 2019
Artificial Intelligence in Healthcare
Artificial Intelligence in Healthcare ABSTRACT Artificial Intelligence (AI) is the intelligence exhibits by machines. AI enable machines to think and solve problems somehow human-like and act or perform in human-like manner. AI is incomparable with human intelligence. However, AI can be implemented in humansââ¬â¢ daily lives to aid them with complicated tasks. One of the human intelligence issues is having barriers in performing good decision making. The aspect in decision making is also applied in a few AI field such as healthcare and robotics which will be discussed further in this paper. INTRODUCTION Technology is emerging day by day where people are hunger for more sophisticated technology to aid them or give them new perspectives or knowledge. Artificial Intelligence or commonly abbreviated as AI is the intelligence shown by machines or software, which usually involves human-like intelligence. It has become an academic field of study that focused on creating intelligence. The term ââ¬Å"Artificial Intelligenceâ⬠was coined by late John McCarthy of Stanford University in 1956 and after two years, he published his paper which regarded by many as the first one on logical AI (Bogue, 2014). Alan Turing, a British mathematician, cryptanalyst, computer scientist and biologist, proposed a test called Turing test to determine the machineââ¬â¢s ability to displays intelligence. The test requires a human judge to have natural conversations with a human and a machine that is designed to produce human-like performance. If the judge is failed to distinguish which one is human and wh ich one is machine, the machine is considered showing intelligence. CASE STUDY HUMAN INTELLIGENCE IN DECISION MAKING Human intelligence is considered as the most powerful tools in decision making. Definition of human intelligence is that a person has the intellectual capacity of a human, which characterized by perception, consciousness, self-awareness as well as volition. Through their intelligence, humans possess a cognitive ability to learn, form concepts, understand, apply logic and reason. The abilities also include the capacities to recognize patterns, comprehend ideas, plan, solve problem, make decisions, retain and use language to communicate. Intelligence enables humans to experience and think, while decision making can be viewed as cognitive methodology used to determine a conviction or a blueprint among a few options of conceivable outcomes. Each decision settling on procedure delivers a last decision that could possibly provoke activity. Choice or decision making is the investigation of recognizing and picking choices focused around the qualities and inclination of the chief. Decision ma king is one of the focal exercise of administration and an immense piece of any methodology of usage. ARTIFICIAL INTELLIGENCE IN ROBOTICS Application of AI as the most significant and exciting field in robotic development had been argued by many industrial commentators. AI technology has the potential to play a role in a diversity of robots including companion and caring robots such as autonomous land, sea and air vehicles, humanoid types, search and rescue robots, swarm robots, military robots and robotic toys. The element of AI have a role to play for instance dexterous manipulation, autonomous navigation, machine vision, speech recognition, pattern recognition and location and mapping (Bogue, 2014). Humanoid robots and autonomous, mobile robots are two field of robotic that represent the greatest number of AI concept. Hondaââ¬â¢s Asimo, humanoid robot is a result of two decades of research in humanoid robotics by Honda engineers. Asimo has the ability to recognize moving objects, gestures, postures, sounds, faces and interact in a human-like manner. Figure 1 Hondaââ¬â¢s Asimo The purpose of developing robotic vehicles and autonomous mobile robots is to conduct specific tasks such as search and rescue operations. A robotic vehicle called ââ¬Å"Stanleyâ⬠is developed in 2005 at Stanford University has won the Defense Advances Research Projects Agency (DARPA) Grand Challenge by driving autonomously for 131 miles along a trail that the vehicle never gone through before (Bogue, 2014). In the conference of the Robotic Industries Association (RIA) in November 2006, John Felice, VP Manufacturing Technology and Global Enterprise, Chrysler Group discuss the manufacturing challenge facing Chrysler. Reducing costs while remain competitive in the business is the obvious challenge. However, the main problem arises from the increasing number of car model and the frequency of model changes. These changeovers are time consuming and could cost millions of dollars. John Felice proposed that robotic is the key to solve the problem (Wilson, 2006). Major companies should enhance their research team to applied AI element in industrial robotics. ARTIFICIAL INTELLIGENCE IN HEALTHCARE The advancement in machine engineering has swayed the scientists to create programming with the purpose of aiding specialists in settling on choice without counseling the authorities specifically. The software development misuses the capability of human brainpower, for example, reasoning, making choice, adapting (by encountering) and numerous others. AI is not a new idea, yet it has been acknowledged as an issue innovation in software engineering. It has been connected in numerous ranges, for example, instruction, business, therapeutic and assembling. In most creating nationââ¬â¢s deficient of medicinal pro has built the mortality of patients, experienced different infections. The deficient of restorative pros will never be overcome inside a brief time of time. The establishments of higher learning could be that as it may, make a prompt move to deliver whatever number specialists as would be prudent. In any case, while sitting tight for understudies to end up specialists and the s pecialists to wind up experts, numerous patients may already die. Current practice for restorative treatment obliged patients to counsel master for further analysis and treatment. Other therapeutic specialist might not have enough mastery or experience to manage certain high-hazard sicknesses. In any case, the delayed period for medicines typically takes a couple of days, weeks or even months. When the patients see the specialist, the ailments may have officially spread out. As the greater part of the high-hazard sickness could just be cured at the early stage, the patients may need to languish over whatever remains of their life (Ishak Siraj, n.d). Machine program known as Medical Decision-Support System was intended to help well-being experts settle on clinical decision (Shortliffe, 1987). The framework manages medicinal information and learning area in diagnosing patientsââ¬â¢ conditions and suggesting suitable medicines for the specific patients. Patient-Centered Health Information Systems is a patient focused restorative data framework created to aid checking, overseeing and decipher understandings medical history (Szolovits et al., 1994). Likewise the system gives support to patient and therapeutic specialist. The system serves to enhance the quality of medical choice making, builds patient consistence and minimizes iatrogenic illness and medical errors. In medical, communication is critical as new data or new revelation is the key for the future survival (Shortliffe et al., 2000). In expansion, communication helps specialists sharing their insight or expertise (Detmer and Shortliffe, 1997). As an example, a pro from Sy dney can give on-line therapeutic aid to specialist at Kuala Lumpur who is treating a patient that suffers from serious cancer problem. An alternate specialist from other nation, for example, United Kingdom can impart his experience managing the same cases. Communication between specialists or expert from other area helps specialist at Kuala Lumpur diagnosing his patient and gives appropriate treatment. Figure 2 Example of communication between specialists (Information Sharing) For example, AI is implemented in Healthcare is Remote Monitoring Of High-Risk Patients Using Artificial Intelligence by using strategy and framework for remote monitoring of high-risk patients using artificial intelligence. A majority of high risk patients can be at the same time checked without patient intercession. A patient hears questions in the specialists voice at each monitoring encounter and responds. The patients reactions are recorded at a remote focal monitoring station and can be examined on line or later (Langen, Katz, Dempsey, Pompano, 1993). Artificial intelligence (AI) and voice technology (DECvoice) are consolidated to present to the patient, during an observing session or experience, questions which would be chosen from a majority of distinctive recorded inquiries. Inquiries to the patient are picked utilizing AI, in light of the patients reaction, by parsing. The screen could take a few structures, for example, for e.g., uterine action strips, glucometers, blood pressure cuffs, pulse monitors, electroencephalographs, and so forth. Four phone lines are committed to every patient, one for the screen, one for the voice, one as a backup and one to sense failures. Dual tone matrix frequency signals (DTMF) may be utilized for transmission of checked signs and other data which can be perceived by Decvoice, which is yet one sample of the voice engineering which can be utilized (Langen et al., 1993). The Artificial Intelligence framework is determined by an easy to utilize Natural Language interface which guides the Voice framework to send (speak) appropriate questions, perceive (listen for) the patients answers, update the patients database, direct the telephone-patient monitoring, and advise the HMO office regarding discriminating patient conditions. The data obtained from the patient calls is accessible to the therapeutic specialist on both a real-time basis when the calls are being made, or on an ad-hoc basis after the calls are logged (Langen e t al., 1993). Figure 3 Example Remote Monitoring Of High-Risk Patients PROS IN BOTH ARTIFICIAL INTELLIGENCE AND HUMAN INTELLIGENCE Experts and scientists are eager in making machines which can copy humansââ¬â¢ intelligence. Somehow, AI shows undeniably great performances, in some cases even better than a human being. AI advantageously has tireless performance by doing tasks without feeling tired, unlike human. AI also provides more logical decision-making, which is very useful in some cases. Completing task also easy as AI is like a false mind, taught to do specific jobs. Human intelligence have barriers to get make a good decision-making. According to Dr. Edward Russo and Dr. Paul J. H. Schoemaker, a simple method have been produce to avoid the decision barriers faced by human intelligence and can be categorized into four main element. The first element is framing which is organizing the inquiry where this implies characterizing what must be chosen and deciding in preparatory way what criteria would make us incline toward one choice to an alternate. Another element is gathering intelligence by looking for bot understandable actualities and sensible evaluations of ââ¬Å"mysteriousâ⬠that we will need to settle on the choice. Third element would be coming to conclusion where sound framing and good intelligence do not guarantee a wise decision. Humans simply unable to consistently make good decisions using seat-of-the-pants judgment alone, even with excellent data in front of them. Humans need to learn from the feedback that they have acquired whi ch is the last element for a good decision-making. Everybody needs to create a framework for gaining from the consequences of past choices. This normally means staying informed regarding what is expected to happen, intentionally guarding against serving toward self-clarifications. CONS IN DECISION-MAKING OF HUMAN INTELLIGENCE AND ARTIFICIAL INTELLIGENCEââ¬â¢S PERFORMANCE Good decisions are hard to make and there are several barriers that occurs when a person or people trying to make or find good decision. A good decision-maker must, consciously or unconsciously go through each phase of decisions making process (Westernberg, 1993). As in the aspect of human intelligence, one of the most common barrier that can interrupt brilliant decision making is plunging in. In this situation, people begin to gather information and reach conclusion without first taking a few minutes to think about the core of the issue they are facing or to think through how they believe decisions like this one should be made. People also undergo frame blindness, which is another barrier to a good-decision making. Frame blindness is where people setting out to solve the wrong problem because they have created a mental framework for their decision with little thought, which causes them to overlook the best options or lose sight of important objectives. Lack of frame control is anoth er barrier faced by human being in decision making where they failed to consciously define the problem in more ways than one or being unduly influenced by others. Some people also tend to feel overconfidence in their judgment. This situation also could obstructed a good-decision making as people failed to collect the key factual information because they are too confidence and overly assured of their assumptions and opinions. Another obstacle faced by people in getting a good-decision making is shortsighted shortcuts, where they rely in appropriately on ââ¬Å"rules of thumbâ⬠such as implicitly trusting the most readily available information or anchoring too much on convenient facts. When making a decision, humans have the tendency to believe that they can keep all the information they discovered straight in their heads and therefore, improvise with little preparation. They should follow a systematic procedure when making the final choice. When making decisions within a group, common thing that happens is a group failure. People in the group assume that with many smart people involved, good choices will follow automatically and this action will caused failure in managing group decision-making. Humans are likely to protect their ego causing them fooling themselves about feedback. In this case, they are failed to interpret the evidence from past outcomes for what it really says. Humans also expecting that experience will make lessons accessible naturally and they tend to neither keeping track of the consequences of their choices, nor investigating the results in ways to uncover their key lessons. Decisions process needs to audited and failure to this action means failed to create organized approach to understanding their own decision-making, so that they remain constantly exposed to all the mistakes mentioned before. As in the matter of AI, machines have the possibility of breakdown which is disadvantageous. No matter how easy the task can be completed by AI, if there is a case of malfunction occurring, the whole thing means nothing. AI also have the tendency to lose the essential information or mistakenly modified or overwrite them. AI or a computer system needs to be switched off on a daily basis as results for maintenance which restrain the output and efficiency of the machine. RECOMMENDATION AND CONCLUSION AI has the potential in various field of technology such as computer science, robotics, healthcare and even music. There are now growing efforts to unite these fields of research and create new technologies out of them. However, despite of all the manner of innovative approaches, there are still a far gap between artificial intelligence and human intelligence. Some people might argue that Ai is only the matter of processing power, but some people believe that true AI will uncover the deep understanding of how human intelligence works. AI capabilities are still questionable but in several decades to come, AI can promise infinite possibilities of growth in technology. REFERENCES Westenberg, M. (1993). Decision traps: The ten barriers to brilliant decision-making how to overcome them. Acta Psychologica, 83(1), 67-69. doi:10.1016/0001-6918(93)90036-q. Ishak, W. H. W., Siraj, F. (n.d). ARTIFICIAL INTELLIGENCE IN MEDICAL APPLICATION: AN EXPLORATION. Langen, P. A., Katz, J. S., Dempsey, G., Pompano, J. (1993). REMOTE MONITORING OF HIGH-RISK PATIENTS USING ARTIFICIAL INTELLIGENCE. Paper presented at the United States Patent. Szolovits, P., Doyle, J., Long, W. J., Kohane, I., and Pauker, S. G. (1994). Guardian Angel: Patient-Centred Health Information Systems. Technical Report MIT/LCS/TR-604. Massachusetts Institute of Technology. Shortliffe, E. H., Fagan, L. M. and Yu, V. L. (2000). The Infectious Diseases Physician and the Internet. In Mandell, G.L., Bennett, J.E. and Dolin, R. (Eds.), Mandell, Douglas, and Bennetts Principles and Practice of Infectious Diseases, Churchill Livingstone, Inc., Pennsylvania, pp. 3258-3263. Shortliffe, E. H. (1987). Computer Programs to Support Clinical Decision Making. Journal of the American Medical Association, Vol. 258, No. 1. Detmer, W. M. and Shortliffe, E. H. (1997). Using the Internet to Improve Knowledge Diffusion in Medicine. Communications of the Associations of Computing Machinery, Vol. 40, No. 8, pp. 101 108. Wilson, M., Wilson, M. (2007). Feature Robotics Industry Forum ââ¬â 2006. doi:10.1108/01439910710727432 Bogue, R., Bogue, R. (2014). The role of artificial intelligence in robotics. doi:10.1108/IR-01-2014-0300.
Wednesday, October 2, 2019
A Triumphant Indifference :: Essays Papers
A Triumphant Indifference 1 Gene Giraudoux, the French playwright wrote ââ¬Å"If two people who love each other let a single instant wedge itself between them, it growsââ¬âit becomes a month, a year, a century; it becomes too late.â⬠[Source?] Based on the introduction of the author F[Z]ora Hurston, it is possible this story Sweat [Titles] is about the lives of real people in the South. The story focuses on one type of relationship that can exist between husbands and wives. The men can be abusive and the women will try to survive by working from their homes from dawn to dusk to make ends meet. The theme of this story is survival in the face of (or in spite of) adversity. [New paragraph] The main characterââ¬â¢s key to survival is her triumphant indifference to her husband's aggression. 2 [No paragraph] From the beginning of the marriage Delia learned to live with adversity. [Topic sentence appears to be from a plot summary.] She comes to realize Sykes is not a person she can count on for a home, support and income. His cruel sense of humor is manifested in the scenes where he places the whip on Deliaââ¬â¢s shoulder leading her to believe it is a snake, a creature that fills her with terror. He demonstrates his carefree and careless nature, [no ,] by spending money that Delia earns to court another woman. 3 African American women have a history of being church going, God fearing individuals who are content to work hard for a living. To survive they learn to be well organized and efficient with time and money. The opinions of the townspeople lead a person to question what Delia was like before she got married and became indifferent to Sykes jealousy and resentful attitude toward her working for white folk. Sweat and religion are her keys to survival. 4 Why does Delia remain passive through all the turmoil in her life? She knows that physically she is no match for Sykes. She thwarts his attempts to draw her into confrontations by remaining indifferent to his abuse. It states in the beginning of the story that she gave up on love when Sykes started cheating on her. Without love Delia needs to focus her energy on other things to make her life worthwhile.
eBay :: essays research papers
eBayââ¬â¢s Global Community à à à à à As I read through some of the discussion threads of eBay sellers, I realized how technology has allowed us to form international community of consumers with established rules and regulations. Doing business through eBay still seems a little risky but the fact that the majority of people still live ethically has allowed e-bay to succeed. Like in every society there are people that still try to circumvent the system and will try to get away with unethical activities. Through the discussion forum, eBay sellers have established an environment in which anyone can communicate the problems they have encountered and ask for advice for handling those situations. Sellers also have the option to offer suggestions on how to make the selling process better. Some of the issues that I found interesting in nature were how e-bay sellers handle non-paying bidders, feedback concerns, and international selling. à à à à à The hot topic that I found in many discussion threads was the issue with non-paying bidders. This problem makes it difficult for sellers to continue selling with confidence and it also makes it hard for new sellers to start selling. Non-paying bidders also prevent honest bidders from actually purchasing the item. This also forces the seller to place the item on auction again, incur a re-listing fee, and they may not also get the high bid that they had the first time. It also causes retaliatory negative feedback from the non-buyer to the seller. The sellers have addressed this issue by providing suggestions and answering each other questions. Some of the ways the seller community is handling the issue of non-paying bidders is by filing non-paying bidder alerts and FVFC(Final Value Free Credits). Consensus from the seller community is that filing negative feedback is not sufficient because eBay does not suspend a non-paying bidder until their feedback number reaches about a negative three. However, if the seller files the FVFC, E-bay will suspend the bidder if three sellers have filed on the same bidder. à à à à à eBay also addressed this situation by conducting a workshop titled ââ¬Å"Reducing Unpaid Itemsâ⬠. The workshop was conducted by the eBay staff and was opened to the entire seller community. I think that this type of format is very useful to eBay sellers, because it gives them the chance to voice their concerns directly to eBay and get immediate feedback as to what is being done to address those concerns.
Tuesday, October 1, 2019
Police and Exclusionary Rule Applies
Exclusionary Rule Exclusionary Rule According to ââ¬Å"Legal Information Instituteâ⬠(n. d. ), ââ¬Å"The Exclusionary Rule prevents the government from using most evidence gathered in violation of the United States Constitutionâ⬠(Exclusionary Rule). This rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment, Fifth Amendment, and the Sixth Amendment.If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence, which they would not otherwise have located, then the exclusionary rule applies to the related evidence found subsequent to the excluded evidence as well. Such subsequent evidence has taken on the name of ââ¬Å"fruit of the poisonous tree. â⬠The Exclusionary Rule is a court-created remedy and deterrent, not an independent constitutional right. Courts will not apply the rule to exclude illegally gathered evidence where the costs of exclusion outweigh its deterrent o r remedial benefits.Thus, the rule is not triggered when courthouse errors lead police officers to mistakenly believe that they have a valid search warrant, because excluding the evidence would not deter police officers from violating the law in the future Exceptions to the Rule There are exceptions to the Exclusionary Rule and they are listed as, another source is found that is untainted and had a role in finding the evidence. The next is evidence would have been located anyway, regardless of error or bad evidence. The next exception is that evidence may be used for witness removal on cross examination.While exception is that a witnessââ¬â¢s identification of the defendant is not excluded if the witness could identify the defendant before arrested. Grand jury proceedings and evidence involved is excluded, and finally state agents that thought that they were complying with the Fourth Amendment. Costs and Benefits Some say that the rational choice model of criminal behavior predic ts that if the Mapp ruling did affect the behavior of policeââ¬â altering either the probability of conviction or detection then citizens should respond by ncreasing their level of unlawful activity. Since the exclusionary rule increases the costs of police investigations, the police will respond by substituting away from those activities that require a warrant towards those that do not (Rubin, 1998). This train of thought while in 1989 may have been progressive; the thought process was way off. Police have risen to the challenge to get evidence without breaking rights of those involved and properly handling those Amendment rights.Many things have been learned during these times like obtaining a search warrant is worth the work put into it, if a warrant is filed correctly, listing the proper information, and holding the proper property then getting a conviction is a simple thing. Alternatives to the Exclusionary Rule Prosecution of police for trespassing, this can be done if the exclusionary rule did not exist. The prosecutors and the juries would be reluctant to do such. Civil tort action against officers, which can include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law.Administrative discipline by police internal affairs would be rampant if there was no rule to assist them with gathering evidence. There are many alternatives to the Exclusionary Rule but none are going to assist in the criminal justice system, this rule helps to balance everything on both sides of this system. There would be chaos in the courts, bad evidence, civil disputes, and offenders that have their rights violated. Conclusion The Exclusionary Rule was created in the hope to protect citizenââ¬â¢s rights while allowing the criminal justice system to do its job effectively.This rule has taken into consideration what the citizen goes through as well as what the police must do to properly execute their jobs. Exceptions to the rule, allows for accidents to happen, evidence to be gathered and submitted if no malice is detected, this allows the criminal justice system to work and stay balanced. These exceptions were created in the knowledge that the people that work in the criminal justice system are human, while ensuring that the offender has rights and they are protected. In a world without the Exclusionary Rule, civil liberties of both sides on the criminal justice ence will be negatively affected. The citizens could have the police come in and ransack their homes and take evidence without anyoneââ¬â¢s consent and the other side leaves the entire criminal justice system open for attack. Keeping the Exclusionary Rule in place will ensure that the criminal justice system will continue to work as it was solely intended too. References Legal Information Institute. (n. d. ). Retrieved from http://www. law. cornell. edu/wex/exclusionary_rule/ Rubin, P. H. (1998). EFFECTS OF CRIMINAL PROCE DURE ON CRIME RATES. Retrieved from http://economics. emory. edu/home/assets/â⬠¦ /rubin_98_03_paper. pdf
Subscribe to:
Posts (Atom)