Con law 1 Essay Example | Topics and Well Written Essays - 750 words

Con law 1 - Essay Example The information also stated that some illegal betting equipment might also be present in that home. Mapp refused to allow them permission to enter and search the home as the police officers did not have a search warrant as required in law. The officers forcibly entered the home and searched it, without producing a search warrant to Mapp. As it turned out the officers did not find any of the things that they had come to search for, but instead they found some pornographic materials in the house. As a result, they arrested Mapp and charged her for being in possession of pornographic material, and later sentenced. At the trial, the prosecution did not produce a search warrant as evidence (Mapp v. Ohio. 1961). The Supreme Court upheld that evidence acquired illegally is inadmissible in State courts; since the law could not be properly upheld if illegally obtained evidence was to be admitted in court. This exception seemed as the most effective means of upholding professionalism of the po lice officers in execution of their duties. Even though there was concern on the basis that this rule may result in criminals going scot-free, it was obvious that upholding police professionalism, in some great extent, outweighed this concern. This case served as one of the significant cases that played a great role in re-evaluating the role of the fourth amendment in the judiciary (Mapp v. Ohio. 1961). Exclusionary Rule The general rule of the Exclusionary Rule is that any evidence gathered in violation of the fourth amendment is inadmissible in court. This rule states that if police officers contravene a person’s constitutional rights, in their pursuit of evidence, they cannot use that evidence against the person. The exclusionary rule serves as a very important remedy against improper searches by the police officers. It can be of great use in the general protection of the citizens’ rights. This rule is a creation of the court so us to uphold the Constitutional amend ments that were made. Courts are keen in applying the rule in order to exclude illegally obtained evidence where the costs of exclusion are greater than its deterrent or remedial benefits (Tomkovicz, 2009). The Supreme Court sets up the provisions of the Bill of Rights against the state on many occasions. The question that arises is whether the court will continue supporting the same principles imposed on the federal states against the State. Most of the court decisions are in support of this idea of using the same standards for both types of states (Tomkovicz, 2009). However, there are several exceptions to the general rule. These exceptions include non-trial criminal proceedings for example, bail proceedings, and a proceeding in revoking parole as an exception. It holds that constitutionally, there may be admission of evidence obtained illegally in such non-trial criminal proceedings. Another exception is the arraignment of the defendant. This exception enables the prosecutor to p roduce evidence illegally obtained from the defendant if only the purpose is to impeach the defendant. However, such evidence may be in-admissible for the purpose of impeaching other witnesses of the defense, as it was held in James v Illinois, 493 U.S 307 (1990). â€Å"Good faith† is also an exception of the general rule. It states that evidence obtained illegally by a police officer in belief that either the search does not require

Introduction to Bussines Ethics Research Paper Example | Topics and Well Written Essays - 1000 words

Introduction to Bussines Ethics - Research Paper Example This paper illustrates how this information can be presented to the CEO and managers in a meeting and the actions recommended rectifying the situation and giving the customer notification. Presenting the situation to the executive would involve first acknowledging that the situation exists and explaining the implications that such a case may have on the organization. For instance, if the organization left the defective product to get into the market without being checked, then they may negatively affect the clients and in extreme case even cost their lives. This is very unethical. In case this happens, the customers may sue the business in a court of law where the organization gets to pay huge fines or may even be dissolved. All these are bad consequences that the organization need to avoid in order to thrive. After explaining the implications of the problem at hand, I would proceed to give the extent of the problem. Give details on which products are perceived to have potential harm on the customers, whether they have been dispatched already or are still in the stores. In order to deal with the current situation, several actions need to be implemented immediately. The first thing to check is whether there are defective products that have already reached the end users. In such a case, the organization would seek a way of reaching these customers by contacting the main distribution points in ensuring that the end users are made aware of the situation. The second step would be to stop the sale of all potentially defective products in the company stores and the main distribution points. These products should be taken back to the warehouse for the problem to be rectified. In order to ensure that such a situation does not occur in future, there is the need to ensure that there are effective quality control and assessment tools. There should also be a strict procedure that requires all products to be tested before being distributes to the suppliers. This will reduce the risk of selling potentially harmful products to our client. This will make it possible for the company to give out clients’ value for their money and ensure continued growth in the company revenues. In order to ensure that ethicality is maintained when dealing with the customer, the guiding principle should be giving the best service and products to them. This because the company needs to threat the clients as its employer without which it cannot even exist. There is also need to create a definite system that should be used in case of the repeat of such an incident in notifying the customers of such instances and a way in which they can be compensated. Compensation of the clients is important in promoting the good faith between the company and the customer. This helps in ensuring that the organization d0esn not lose its market to the rival companies. The customers need to feel that they get real value for their money. Since it has been noted that the organization does not have a definite ethical guideline, it is important o develop a strategy of developing a tradition of ethicality through organizational change. This would be an involving process which goes beyond the creation of a code of ethics to be followed by the employees. The manger first need to study the current ethical culture I the organization to recognize the limiting factors that influence in making ethical decision. It is also important to learn which factors support ethical