Texas Supreme Court Cases Research - Free Essay Example

Sample details Pages: 5 Words: 1465 Downloads: 9 Date added: 2019/08/08 Category Law Essay Level High school Tags: Supreme Court Cases Essay Did you like this example? When the supreme court makes a decision on a controversial court case, a long line of ramifications are going to follow no matter what political landscape an individual is in. In the case of Salinas v. Texas it can be shown just how exactly a supreme court case can affect other future court cases and potentially day-to-day interaction with law enforcement. Even though the law may be written a certain way, it could be practically applied in a manner that might undermine what the law is supposed to stand for in the first place.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In this particular case, it all started when a homicide takes place where two brothers were shot and only six shotgun shells are left at the scene of the crime. Among the possible suspects is a young man named, Genovevo Salinas, who was confirmed to be attending a party that was at same house the night before the shooting. Consequently, the police asked Salinas to come with them to the police station where he answers multiple questions voluntarily for about an hour. The Journal of Criminal Law and Criminology has a very good article detailing the whole ordeal. Among my findings, it was clear that the situation gets tense for Salinas when he is asked if he saw anyone suspicious at the party, because he shuffles his feet, bites his bottom lip, clenches his hands in his lap, and begins to tighten up. Next he answers some more questions and leaves the station without answering that one question, and soon after he is arrested for murder. A ballistics analysis later matched Salinas gun with the casing at the scene, along with a with a witness who states that Salinas admitted to the murders. Consequently, Salinas was charged with murder but could not be located until 15 years later. The first trial ended in a mistrial, but the second trial is when the prosecution attempts to introduce evidence of Salinas silence about the gun casings and that he suspicious behavior while being silent. Salinas objected, arguing that he could invoke his Fifth Amendment protection against self-incrimination whether he was in custody or not. The evidence was admitted and Salinas was sentenced to 20 years in prison with a 5,000 dollar fine. Don’t waste time! Our writers will create an original "Texas Supreme Court Cases Research" essay for you Create order   Taking in account that Genovevo is a young immigrant who was living in an impoverished New York City, he was unlikely to know that he had the right to not incriminate himself by openly saying that he was exercising his fifth amendment right. While the Supreme Court recognizes this right exists and is constitutional in nature, an ongoing discussion over the precise scope and requirement for the application of this law when looking for evidence of guilt still drives much controversy to this day. Courts have addressed this issue by considering when, if at all, the Fifth Amendment protects citizens from either the Self-Incrimination Clause or the Due Process Clause when tied to a defendants silence. As a result, the court evaluated the constitutionality of adverse inferences of guilt from the lack of answering questions across three phases of the arrest process: (1) silence occurring before arrest during a voluntary interview with police officers; (2) silence occuring after arrest bu t before receipt of Miranda warnings; and (3) silence occuring after both arrest and receipt of Miranda warnings.   With this evaluation, their is no doubt that this is something the average joe in America is most likely not aware of without a police officer informing them about their right to remain silent and what you say is admissible in court.   In Salinas v. Texas the court announced a procedural requirement that criminal suspects must first expressly invoke their right to remain silent in order to later on object any adverse inference at trial on Fifth Amendment grounds. Salinas, who was not given his miranda rights and sat silent when asked one question and by not even saying something on the line of I dont want to answer that,   he still had his silence used against him. The court has already stated in previous cases that using a suspects silence after invoking the individuals miranda rights is unconstitutional. It can be implied that by simpleing using some magical words, a criminal suspects silence cannot be used   against them in the court as evidence of guilt and I believe this can be negative for America in the long run. In the Faulkner Law Review, titled, Speak Or Be Sentenced, The High Price Of Pre-Arrest Silence, the author states that state courts have more of a structured rule for them to follow in pre- arrest than what is in place before. The author, Andrew Odom concludes, As the Fifth Amendment continues to be narrowed, there will be an increasing role in state constitutional and evidentiary provisions to flesh out the gaps in Fifth Amendment protection that are left by the Supreme Court. As seen in the Salinas case, there is still overlap on what is considered to be protected by the Fifth Amendment and what is not which can be seen between the Federal and State Courts.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Having our rights narrowed by the Supreme Court in a way that can only be interpreted by the particular state, makes me question how free citizens across America actually are. By inclining citizens to verbally express their right would not be the first time a law has been given stricter guidelines, and this just gives less control to the people when having a simple conversation with the police. I can see why the court decided to send the evidence behind the silence in Salinas particular case with all of his other signs with looking guilty. However, that just leaves the door open in the future for this case to be used in a manner that might not exactly be appropriate. When discussing the Fourteenth Amendment, the Georgia Law Review, has a very unique perspective. Evelyn French states, beyond the constitutional protections the selective silence doctrine would also help curb the continuing public policy concerns surrounding coerced statements and confessions . The author displays one of the safeguards of having the Fifth Amendment for citizens in an interrogation. Having said that, with the Salinas case ruling, Americans can see how when in a non-custodial setting, it is not implied that we are protected by silence when asked a question. This issue on when silence can be used as evidence of guilt is not something that all Supreme Court Justices can agree upon. Three of the justices believe that analysis of guilt should focus on words, deeds and circumstances of the questioning. It is unfortunate that not citizens do not have as much autonomy as they would when on trial, because I believe the law should be treated the same whether a citizen is on trial or not. If this was the case, then there would not be so many grey areas on prosecuting guilty people. Unfortunately in Salinas case he was an example of how the law cannot be dependable. The Mercer Law Review, discusses the plurality between the judges decisions and how the Supreme Court came to their choice. On page 10, the author states, [But popular misconceptions notwithstanding, the Fifth Amendment guarantees that no one may be compelled in any criminal case to be a witness against himself; it does not establish an unqualified right to remain silent. A witness'[s] constitutional right to refuse to answer questions depends on his reasons for doing so, and courts need to know those reasons to evaluate the merits of a Fifth Amendment claim. This was a quote from Supreme Court Justice Alito who decided that the silence could be used as evidence against Salinas. Having the knowledge that your silence is not protected by the Fifth Amendment, can give more power the citizens to not let themselves look guilty when they might not be. In Salinas case, there was only one way to not get prosecuted, and that was by assuming his innocence when he did not answer that one question. Controversial cases like this displays the complexity of what can be considered as evidence and what cannot. I do not doubt that future court cases will point to Salinas v. Texas when dealing with other court cases, and I could see that infringing on other peoples right to not incriminate themselves. Since citizens know that they have to answer questions from law enforcement now, they might say something that the cop wants to hear when it could be false without the person being aware of that. Then the officer could use the suspects words against them and find a way to build a case when it might inappropriate to do so. With the Supreme Court tightening the laws behind the Fifth Amendment, Americans are at more of disadvantage when dealing with Law Enforcement than ever before.

Essay on Universities Medieval And Mode - 675 Words

Universities: Medieval and Modern nbsp;nbsp;nbsp;nbsp;nbsp; Universities have existed since the Twelfth Century AD and have been evolving ever since. There have been many changes however many things have remained unchanged throughout the years. The student and teacher roles have evolved as well as the general purpose of going to a university. Overall the academic aspects have changed more than the personal aspects of college. In 1200, the King of France issued a statement (118)* regarding Royal Privileges granted to the University of Paris. In order to protect the students, the King made a law that if any citizen sees harm being done to a student of the university he must testify truthfully to this. This law shows how important†¦show more content†¦Some students concentrate more on parties than their studies. Another letter (132) written in the Thirteenth Century is from a father to a son admonishing him about his laziness. The father states that his son, quot;prefers license to restraint and play to workquot;. A more serious issue that has arisen throughout the history of universities is that of rioting. A recount of the riot at Oxford (130)in the 13th century is reminiscent of a riot that occured at Kent State in the 1960s. These similarities merely show that human nature has not changed as much as some may think. Some major changes have taken place in society over time, regarding religion especially, which have affected the universities. As time goes on people as a whole have become more tolerant. Now society is more accepting of differences. In 1215 Robert Courcon issued the statutes for the University of Paris that stated, quot;The books of Aristotle on Metaphysics or Natural Philosophy, or the abridgments of these works, are not to be read, nor the writings of Master David of Dinant, the heretic Amauri, or the Spaniard Mauricius.quot; (119) These could not be read either because the authors were considered heretics by the church or because they expressed beliefs that did not coincide with the churchs beliefs. Today students study all kinds of writings not discriminating against those which contain beliefs that differ from their own. 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Topics for Proposal Essay Secrets That No One Else Knows About

Topics for Proposal Essay Secrets That No One Else Knows About Introducing Topics for Proposal Essay Companies composed of individuals who are not familiar with university system will create essays which have been proven to be poor in quality and simpler to detect as fraudulent, in spite of plagiarism software such as Turnitin. Capital Essay is one particular location where you'll be able to acquire an array of such service providing companies. The aim is to attend a minumum of one social event every fourteen days. Topics you obtain from news stories are in the news since they are interesting. If everything else doesn't work out, there are lots of brainstorming techniques that are crucial in making up a top topic for your essay. Quite a huge collection of topics you're able to find here. Choose topics that are fresh and trending. Select a topic which is quite specific. When you own a topic, it's possible to now embark on the research. Based on the sort of essay, you are going to be in a position to determine the subject of the essay. During the procedure for essay writing, you must brainstorm to determine the subject of your essay. Persuasive essay topics can be quite hard to choose. The Tried and True Method for Topics for Proposal Essay in Step by Step Detail Therefore, you commit to writing a paper of mediocre quality because you believe that's the best that you can do with the time you've got at hand. When you have developed a writing strategy, take the opportunity to also have a plan regarding how you will approach your research. Imagine you are earning a proposal to a theater company to make a show about a Greek or a Roman whose life would make a great musical. Your application should demonstrate why you're special, and why what you need to say is well worth listening to. Writers don't stick to a specific side. In the majority of cases, a writer may never know about accidental plagiarism in your essay, and it can be usually pardoned. Besides, he should understand the kind of facts that one will need in an essay. Our writers would look after your essay. Only the ideal essay writers UK have the skill to finish your assignment in a brief span of time. Question the Readers A well-constructed question is just one of the most effective ways to draw the readers. If you're looking for a customized essay help in UK then Uniresearchers is here to assist you with your essay. Reading articles on a broad scope of subjects help you improve understand unique perspectives and techniques that allow you to present your own essay. You will need tons of thoughts and topics to write about should you wish to keep the content creature fed. Or you may simply keep an eye out for the bestessay writers UK that have a firm grip on the language. It's necessary to select the very best essay writers UK because they have a lot of roles for achieving distinction. The Foolproof Topics for Proposal Essay Strategy You cannot write a great essay in a rush and a half before the exam end understand that you cannot finish it. As a consequence the college essay writers have come to be the option for those students. Sometimes, a student's proof-reading might not be sufficient to deliver an ideal essay. If you're a student, it's evident that you'll be bombarded with lots of of essays during your professional career. Topics for Proposal Essay: No Longer a Mystery Evaluation is a little harder. Writing an essay may be a challenging undertaking. A comparative essay is just a composition composed of many paragraphs. A Masters thesis isn't an expert standard, it's a competency test. Thesis papers and dissertations are largely conducted by gathering large quantity of data. It's probably very problematic for students to just sit and keep on typing if they're actually seeking to develop a fantastic thesis statement or thesis proposal. The most important reason behind students seeking help writing dissertation proposal papers is it is quite challenging.

Aquaculture Fish Resources

Questions: 1 What is an "ecosystem" approach to fisheries management and where does aquaculture fit in?2 "The only way to satisfy future demands for fish and shellfish will be through increasing aquaculture production". Discuss.3 Describe the recent advances and constraints of farming a named species. What are the future production prospects for this species?4.Lack of management, sparse biological data and low conservation priority are the biggest impairments to elasmobranch conservation. Discuss this statement, supporting your arguments with examples.5 Describe the principles of MSE full-feedback simulation, and explain what kind of insights can be derived from it, if necessary illustrated by (madeup)examples.6 .we need to stop discards, because throwing away food in a hungry world destroys our image and undermines data collection. Therefore I propose to land all catches and count them against quotas from M. Damanaki, EuropeanCommissioner for Maritime Affairs and Fisheries, presentation to the European Parliament. Discuss the issues relating to discarding and whether you think that the proposed discard ban under the Common Fisheries Reform (2012) is likely tobe effective. Answers: 1. Aquaculture is the one of the sectors for commercial production of fishes contributing to more than half of the fishes produced all over the world through different ways supplying fish resources to a large bulk of global population. Maintaining sustainability in aquaculture refers to the production of fishes without harming the ecosystem and its various components in such a way that the ecological balance between different aquatic organisms is not interrupted. The criteria that should be considered in order to prepare a sustainable aquaculture system are to set up a proper objective and motive for the maintenance of sustainability during the development of the aquaculture and to ensure that important precautionary approaches are taken for the proper development of aquaculture sectors (Bush et al. 2013). Others criteria that should also be given be foremost priority are proper and correct amount of feeds requirement as more requirement increases the nutrient load and less results i n inadequate food supply. Predator and prey interactions between the various fishes and the aquatic organisms also should be properly judged. Proper monitoring should be done to avoid the vulnerable habitats and high risk areas as both the aquaculture and the environment may face loss in terms of resource management. Pollution should be controlled. Proper management should be done between the fisheries and aquaculture. Care should be provided in order to achieve high level of welfare in the aquaculture businesses. Proper policy by the authorities should be implemented without the presence of any loopholes so that discrepancies in terms of excess resource use and destruction of the ecosystem can be prevented (Lazard et al 2014). 2. An ecosystem approach to resource management in fisheries can be described as those approaches which would govern then proper production of fish resources to the present generation keeping in mind the objective that would prevent the jeopardizing of options of achieving this resource by the future generations so that they can also enjoy the benefit from a variety of ranges of goods and services obtained from the aquatic resources. This can be very well understood by an example. Fisheries without an ecosystem approach have resulted in reducing the abundance and spawning potential of the target fishes due to unplanned overfishing. Parameters like growth, maturation and many others are also found to have been affected (Jennings et al. 2014). Exploitation of the resources by altering the age, size, sex ratio, genetics and species composition of the target resources had a serious impact on the ecological stability. Poor management and lack of sustainability planning resulted in overfis hing breaking the stability of the ecosystem hampering the resources. An ecosystem approach of resource management in aquaculture includes a planned utilisation of varieties of different fishes, clams, crabs, prawns, mussels and others in a ecosystem so that a proper stable ecosystem is present in the environment with properly maintained food webs and food chains so that both the present and the future generations can enjoy the fish resources without harming the carrying capacity of the environment and harming the ecological balance by over production and exploitation of the resources. An example can be provided to describe the issues. A huge impact was found on the food web of the species of the particular region. Commercial extraction of a target species resulted in crashing down of the food cycle hampering the natural ecological balance of the particular biome (Laugen et al. 2014). Various other impacts were also recognized from this practice such as the lack of proper interactions between the different fishery resources and the environment, no prop er planning of maintaining the sustainability while various fishery resources are utilized, poor management techniques and unplanned scientific approach resulting in destruction of the carrying capacity of a particular biome. 3. Global climate change has been the leading concern for a large number of environmentalists in all areas of researches as it had propounding impacts on every organisms present on the earth and aquaculture has not been an exception from it. There is a rise of temperature for about 4 degree Celsius from the preindustrial era and such rise of temperature has affected the distribution of fishes in every water bodies on earth and has also affected the productivity of the fishes. Maintaining sustainability has become difficult and has therefore affected the communities whose living depends upon aquaculture. Rise of sea level due to global warming has affected the coastal fishing habitats with the change of rainfall pattern affecting the inland aquaculture systems (Bell et al 2013). Rising acidity in the oceans affected the production of shrimps, oysters, and corals as their shell formation gets affected due to disruption in calcification processes and loweing of Ph. Zooplanktons forming the base of marine food chain gets affected as they also possess calcite cells. Clown fishes suffer from behavioural disorders as they lose their hearing ability and judging ability to flee from predators and ornamental pisciculture also gets affected (Merino et al. 2012). Rising levels of sea water often results in floods and along the Mekong river the tonnes of bhasha fish production also gets affected due to the saltwater intrusion resulting from rising sea level and dams. 4. There are a number of differences between the lampreys and hagfishes. Lampreys dwell in both fresh and marine water and can live as both parasite and nonparasite. It may grow up to 1 metre. Hagfish is only marine and lives only as parasite. However like lampreys it also grows up to 1 metre. Lampreys body is less slimy and is stout. It has a mouth which is terminal and pair of eyes are functional. However hagfish has feeble body the skin is much slimy. The eyes are degenerative and the position of the mouth is terminal (Nelson, Grande and Wilson 2016). Lampreys teeth are larger and the tongue is not very well developed. It has a well developed brain and sexes are separate. However hagfish has well developed tongue, smaller teeth, less developed brain and the sexes are not separate that is they are hermaphrodite. Lamprey has 20 cranial nerves and also possesses gill slits which are 14 in number. Hagfishes show 16 cranial nerves and 2 gill slits. The lamprey possesses salivary glands where they secrete anticoagulant to remove the skin and flesh of their prey and suck blood. The hagfishes mainly are scavengers and eat dead fishes and do not possess any salivary glands (Hardisty 2013). The development of lamprey is indirect that is their lifecycle consists of stages of development from larva. The hagfishes develop directly without going through the larva stage. 5. Discarding in fishing can be defined as the process that is used to release those species which are caught during the fishing practices which are unintentional and are therefore discarded in the water itself. Often this discard might contain other important commercial species beside the target species that results in additional benefit to the fisher man. The by catches which are not important are discarded back mainly due to the presence of restricted quota and is influenced by the choice of gear or due to fishermans behaviour (Bellman and Heery 2013). Quantification of discarded is a highly difficult tasks and results always seem to vary. Assessment is done by the observer present at the site and time of the discards and has to take certain assumptions in mind for correct calculation. A linear relationship between the total landings and the discards has to be primarily assumed. From the discard rates that is studied from the the total landings of the fisheries, total quantity of the discards is then calculated. Under many circumstances it is found that, discard rates of many countries are considered negligible such as in artisanal and subsistence fisheries whereas in measuring discards during tuna fishing requires data from international tuna management. However, quantification purposes require more development especially including physical accounting and valuation of the ecological impacts in a broader spectrum. Equal probability and probability proportional are also conducted t quantify fishes discards. Discards can be reduced by technical, administrative as well as economic means. Technical means comprises of improving the selectivity of fishes and taking out ways to reduce non-target species or make it profitable process to keep them. Devices and gear modification can help. Administrative measure contains limiting the number of vehicle to inhibit huge discards and to limit the timings and seasons for fishing so that discard amount can be restricted. Regulatory quotas also prevent excessive discarding by limiting the amount of fishes to be caught and others (Catchpole et al. 2014). Economic measures would include taxes, subsidies and quotas to restrict excessive discards because application of penalty makes fisherman concerned and careful 6. The one on the left is the Beverton-Holt-Model and the other on the right is the Von Bertalanfy model. The graph on the left has spawning potential on x axis and number of recruits on y axis. The graph on the right has time(years) as x axis and length (cm)as y axis The graph o the left hand size give information that Recruitment is constant but it can never be specified. When there is no stock there is no recruitment (Bohner and Streipert 2016). Recruitment and selection are knife edge. This graph shows an exploited phase that portrays scramble competition. The fishing and natural mortality are considered to be a constant phenomena from the time they enter into the exploiters phase. A complete mixing occurs that lead to scramble competition for a particular resource. The graph on the right hand size shows that the length of a fish increases with time and after a certain time the rate of growth declines with increase in size (Lin et al. 2012). References: Bell, J.D., Ganachaud, A., Gehrke, P.C., Griffiths, S.P., Hobday, A.J., Hoegh-Guldberg, O., Johnson, J.E., Le Borgne, R., Lehodey, P., Lough, J.M. and Matear, R.J., 2013. Mixed responses of tropical Pacific fisheries and aquaculture to climate change.Nature Climate Change,3(6), pp.591-599. Bellman, M.A. and Heery, E., 2013. Discarding and fishing mortality trends in the US west coast groundfish demersal trawl fishery.Fisheries Research,147, pp.115-126. Bohner, M. and Streipert, S., 2016. Optimal Harvesting Policy For The BevertonHolt Model.Mathematical biosciences and engineering: MBE,13(4), p.673. Bush, S.R., Belton, B., Hall, D., Vandergeest, P., Murray, F.J., Ponte, S., Oosterveer, P., Islam, M.S., Mol, A.P., Hatanaka, M. and Kruijssen, F., 2013. Certify sustainable aquaculture?.Science,341(6150), pp.1067-1068. Catchpole, T.L., Feekings, J.P., Madsen, N., Palialexis, A., Vassilopoulou, V., Valeiras, J., Garcia, T., Nikolic, N. and Rochet, M.J., 2014. Using inferred drivers of discarding behaviour to evaluate discard mitigation measures.ICES Journal of Marine Science: Journal du Conseil,71(5), pp.1277-1285. Hardisty, M.W., 2013.Biology of the Cyclostomes. Springer. Jennings, S., Smith, A.D., Fulton, E.A. and Smith, D.C., 2014. The ecosystem approach to fisheries: management at the dynamic interface between biodiversity conservation and sustainable use.Annals of the New York Academy of Sciences,1322(1), pp.48-60. Laugen, A.T., Engelhard, G.H., Whitlock, R., Arlinghaus, R., Dankel, D.J., Dunlop, E.S., Eikeset, A.M., Enberg, K., Jrgensen, C., Matsumura, S. and Nussl, S., 2014. Evolutionary impact assessment: accounting for evolutionary consequences of fishing in an ecosystem approach to fisheries management.Fish and Fisheries,15(1), pp.65-96. Lazard, J., Rey-Valette, H., Aubin, J., Math, S., Chia, E., Caruso, D., Mikolasek, O., Blancheton, J.P., Legendre, M., Ren, F. and Levang, P., 2014. Assessing aquaculture sustainability: a comparative methodology.International Journal of Sustainable Development World Ecology,21(6), pp.503-511. Lin, Y.J., Su, N.J., Jessop, B.M., Chiang, W.C. and Sun, C.L., 2012. Errors in coefficient or expected value? Effects of different methods on simulated values for a linear model and the nonlinear von Bertalanffy growth model.J. Fish. Soc. Taiwan,39(1), pp.23-34. Merino, G., Barange, M., Blanchard, J.L., Harle, J., Holmes, R., Allen, I., Allison, E.H., Badjeck, M.C., Dulvy, N.K., Holt, J. and Jennings, S., 2012. Can marine fisheries and aquaculture meet fish demand from a growing human population in a changing climate?.Global Environmental Change,22(4), pp.795-806. Nelson, J.S., Grande, T.C. and Wilson, M.V., 2016.Fishes of the World. John Wiley Sons.