The Effect of Exclusionary Rule and Fourth Amendment

The Effect of the Fourth Amendment is to put the courts of the United States and Federal officials, in the exercise of their own power and authority, under limitations and restraints as to the exercise of such power and authority, and to forever secure the people, their persons, houses, papers and effects against all unreasonable searches and seizures under the guise of law (Ronald 605). The Constitution does not tolerate warrantless, therefore illegal, police searches and seizures–unless there is probable cause. The rights which the Fourth Amendment states were strengthened when the Supreme Court preceded the Exclusionary Rule, and herefore, the rights of the people were strengthened as The Exclusionary Rule, first preceded in 1914, is the understanding, based on Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process, or it will not be allowed as evidence (Schmalleger 273). Even the guilty have a right to claim innocence. Hence, this right would be worthless if incriminating evidence was allowed to be obtained, distributed, and used illegally. Furthermore, according to the Supreme Court, â€Å"If letters and private documents can thus be seized and held and used in evidence gainst a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be sure against such searches and seizures is of no value, and, so for as those thus placed are concerned, might as well be stricken from the Constitution† (Ronald 605). If that â€Å"tainted violence† can be used in court, then the 4th Amendment offers no real protection to a person accused of a crime (Magruder 524). The exclusionary rule was intended to put teeth into the 4th Amendment, and it has (Magruder 524). The Court further built upon the rules concerning evidence in 1918, with the Fruit of the Poisoned Tree Doctrine-a legal principle which excludes from introduction at trial any evidence later developed as a result of an originally illegal search or seizure (Schmalleger 274). The Fruit of the Poisoned Tree Doctrine was enforced after the case of Silverthorne Lumber Co. v. United States in 1918. Frederick Silverthorne and his sons were accused of avoiding payment on federal taxes. They were asked to hand over their company's books. The Silverthornes refused, citing their Fifth Amendment privilege against self- incrimination (Schmalleger 274). Shortly thereafter, some federal agents ignored their rights and without warrant, eized the wanted books anyway. Since this was an unconstitutional act, the Silverthorne's lawyer testified and asked for the books to be returned. The prosecutor granted his request, and the books were returned. Expecting all incriminating evidence to have descended, the Silverthornes where testified in trial. Much to their surprise, however, the prosecution had made photocopies of the books they seized, and used them as evidence against the Silverthornes. Hence, they were convicted in federal court. They appealed their conviction and their appeal reached the Supreme Court. The Court uled that just as illegally seized evidence cannot be used in a trial, neither can evidence be used which derives from an illegal seizure (Schmalleger 274). The conviction of the Silverthornes was overturned and they were set free. The illegal evidence reproduced from materials obtained by an illegal seizure dismissed the whole case because the prosecutors did not follow the Fruit of the Poisoned Tree Doctrine. Think of it this way: If you have a box full of apples, and then you put a rotten one in the bunch, they will all become rotten at some point. Hence, all the evidence–fruit–obtained from an illegal mean–poisoned ree–is not admissible even if the evidence itself is good† (Gomez interview). Even if a case is developed on years of police research, it may be dejected if that research and the evidence it revealed was obtained Like the Constitution, however, the exclusionary rule is not written in stone. It can be amended and exceptions can be installed to it. In the case of United Sates v. Leon in 1984, the exclusionary rule was first modified with â€Å"the good faith exception to the exclusionary rule. † This exception states that law enforcement officers who conduct a search, or seize evidence, on the basis of ood faith (that is, where they believe they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still use, in court, evidence seized as the result of such activities (Schmalleger 277). In the Leon case, the officers involved acted upon probable cause, a legal criterion residing in a set facts and circumstances which would cause a reasonable person to believe that a particular other person has committed a specific crime (Schmalleger 277). The suspect, Leon, was accused of trafficking drugs. He was placed nder surveillance, which showed evidence of large amounts of hidden drugs. This lead the investigators to apply for a search warrant. They believed that they were in compliance with the Fourth Amendment requirement that â€Å"no warrants shall issue but upon probable cause† (Schmalleger 277). Although Leon was convicted of drug trafficking, a later ruling in a federal district court resulted in the suppression of evidence against him on the basis that the original affidavit, or document demonstrating the probable cause, prepared by the police had not, in the opinion of the court, been sufficient to establish probable cause (Schmalleger 277). Shortly after, the government petitioned the Supreme Court to decide if the evidence gathered by the officers may still be admissible in trial. The Court decided: â€Å"When law enforcement officers have acted in objective good faith or their transgressions have been minor, the magnitude of the benefit conferred on such guilty defendants offends basic concepts of the criminal justice system† (Schmalleger 277). Due to this, Leon's It is no doubt that over the past few decades more and more justice agencies have become dependent upon computer technology for record management and other purposes (Schmalleger 282). Hence, the likelihood of omputer-generated errors will vastly grow When this trend continues. Computer-generated errors have become the base of another exception to the exclusion rule, the â€Å"computer errors exception. † It was first created in the 1995 case of Arizona v. Evans. Mr. Isaac Evans was stopped for driving the wrong way on a one-way street. With a computer check reporting an outstanding arrest warrant, he was taken into custody. Shortly after, Evans was convicted due to the police finding marijuana in his car. After his arrest, however, police learned that the arrest warrant reported to them by their computer had actually been quashed a few eeks earlier but, through the clerical oversight of a court employee, had never been removed form the computer (Schmalleger 282). The Court later decided that the officers who made the arrest cannot be held accountable for their unintentional disobedience of the exclusionary rule. They were simply acting in good faith according to the information that was provided to them at the time. Isaac The Supreme Court's articulation of the exclusionary rule came in Weeks v. United States, 1914. This was the first landmark case concerning search and seizure and it changed to Fourth Amendment forever. The defendant, Mr. Freemont Weeks, was convicted for selling lottery tickets through the US Postal Service. The evidence against him included various letters and documents that had been seized from his house during a warrantless search (Ronald 604). When Weeks moved for a return of the property due to the violation of the Fourth Amendment in the officers' part, only the non-incriminating evidence was given back. Hence, Weeks was convicted. However, shortly after, he appealed his conviction and it reached the Supreme Court. There, his lawyer reasoned that if some of his client's belongings had been illegally seized, then the emainder of them were also taken improperly (Schmalleger 273). The Supreme Court reversed: â€Å"The United States Marshal could only have invaded the house of the accused when armed with a warrant issued as required by the Constitution, upon sworn information and describing with reasonable particularity the thing for which the search was to be made. Instead, he acted without sanction of law, doubtless prompted by the desire to bring further proof to the aid of the Government, and under solor of his office undertook to make a seizure of private papers in direct violation of the constitutional prohibition against such action. Under such circumstances, without sworn information and particular description, not even an order of court would have justified such procedure, much less was it within the authority of the United States Marshal to thus invade the house and privacy of the accused† (Ronald 605). The Court held that the seizure of items from Week's residence directly violated his constitutional rights and that the government's refusal to return Week's possessions violated the Fourth Amendment (Oyez). Thus, the Supreme Court overturned Week's earlier convictions and the However, the Weeks case made the exclusionary rule pertinent to only the federal government. It was not until Mapp v. Ohio that it also became applicable to the States. Miss Mapp and her daughter by a former marriage lived on the floor of the two-family dwelling (Case 1). Police officers had been on her trail because she was suspected of obscuring, in her house, a man wanted for information on a recent bombing, and for the possession of lewd books and pictures, which was unconstitutional (Supreme 1081). When the officers insisted on entering her home for investigation, she refused, asking them to get a warrant first. The officers advised their headquarters of the situation and undertook surveillance of the house (Case 1). Some three hours later, a larger amount of officers arrived at the scene. When they asked her to come out once again and she repeatedly refused, one of the doors in her house was forcibly opened and the policemen commenced their illegal search in the house. Miss Mapp's lawyer arrived shortly after but the officers, having secured their own entry and continuing their defiance of the law, would permit him neither to see Miss Mapp not to enter the house Miss Mapp continued to protest this illegal act and demanded to see the search warrant. One of the officers help up a fake one, which was snatched from his hand by her and placed in her bosom. As a result, there was a big struggle and she was handcuffed. Afterwards, she was forced upstairs where the investigators searched her closets, dressers, rooms, the rest of the second floor, the child's room, the living room, the kitchen, and a dinette. During that widespread and illegal search, the materials which she was suspected of holding were found, Prior decisions by the U. S. Supreme Court had led officers to expect that the exclusionary rule did not apply to agents of state and local law enforcement (Schmalleger 275). Nonetheless, Mapp's conviction was overturned by the precedent-setting decision that the officers were acting gainst the Fourth Amendment's guarantee that the exclusionary rule should be applicable to the States: â€Å"†¦ or shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. † (Schmalleger 275). The majority court's opinion, as Mr. Justice Black states, was that the constitutional basis of the rule announced by the Court in the present case was the Fourth Amendment ‘s ban against unreasonable searches and seizures considered together with the Fifth Amendment's ban against compelled self- ncrimination (Supreme 1081). Thus, the exclusionary rule The exclusionary rule's precedent brought forth two argumentative problems, however. One of these problems if that the present appeals system, focusing as it does upon the â€Å"rules of the game,† presents a ready-made channel for the guilty to go free (Schmalleger 273). â€Å"If you think about it, the evidence needed to prove a person guilty of a crime is, to my understanding, enough the confirm the person's culpability, and that person should be punished nonetheless. It shouldn't matter whether or not the arresting officer(s) acted unconstitutionally, in which ase, both the criminal and the officer both should be punished. A person's â€Å"guilt† can never be decreased because of the misconduct of another (Gomez interview). Weeks, Mapp, and the Silverthornes are all examples of this problem. The evidence used to incriminate them, whether obtained legally or illegally, prove that they are guilty of disobeying the law in one way or another. Even if the police knowingly violate the principles of due process, which they sometimes do, our sense of justice is compromised When the guilty go free (Schmalleger 273). As police officers, it is their duty to make sure that the guilty are punished. The exclusionary rule somewhat gets in the way of this responsibility. Of course officers should not take advantage and act recklessly, â€Å"but desperate times do call for desperate measures (Gomez Despite these problems, the exclusionary rules has obviously had some positive effects and changes on society. The Fourth Amendment is a very important and critical one in maintaining citizens' property and privacy theirs and the exclusionary rule has established real value to it. The Exclusionary Rule has been justified in part on the ground that it is essential to prevent the fourth amendment from becoming â€Å"a form of words, valueless and ndeserving of mention in a perpetual charter of inestimable human liberties† (Ronald 604). Also, the Weeks, Mapp, and Silverthorne cases are all examples of the exclusionary rules protection against police misconduct. â€Å"Just because they're the boys in blue does not mean that they can be the boys who abuse (Gomez interview). † As an American citizen, and thanks to the exclusionary rule, one has the right to object against illegal searches and seizures. The exclusionary rule In conclusion, the exclusionary rule totally revolutionized the power and rights against invasion of privacy and police misconduct.

Pros and Cons of Legalizing Marijuana

Pros and Cons Of Legalizing Marijuana Marijuana is a very common street and recreational drug that comes from the marijuana plant. The plant that produces marijuana, as is well known, is the hemp plant cannabis sativa. The pharmacologically active ingredient in marijuana is tetra-hydro-cannabinol. Marijuana is used to heighten perception, affect mood and relax. It is estimated that about thirty percent of adults in the U. S. use marijuana. Many people think marijuana is harmless. It is not. Signs of marijuana use include red eyes, lethargy and uncoordinated body movements. The long-term effects may include decrease in motivation and harmful effects on the brain, heart, lung and reproductive system. People who smoke marijuana are more likely to develop cancer of the head and neck. The more often a person smokes marijuana and the longer they continue to smoke it, the greater is their chance of developing cancer in places such as the mouth, tongue, larynx or pharynx. A number of movements to legalize the use of marijuana have been gaining steam lately. There are places in California where it's already legal for medicinal purposes. Much of the American public now believes that the drug should be legalized but others are still concerned about health damage and other adverse affects. The argument whether to legalize the drug marijuana has Been going on for years. Many different pros and cons come with the drug marijuana. Legalizing marijuana is an important legal battle for several reasons. First, decriminalizing marijuana would make it readily available to individuals that need it, in safe and healthy way. Cancer patients, AIDS sufferers and many other patients must now obtain marijuana illegally in most states. The objections of the federal government to legalizing marijuana have almost nothing to do with how much harm it may or may not cause–it is a matter of pharmaceutical companies resisting legalization because it will be difficult for them to profit from the legal use of marijuana. Some of the chemical components that make up marijuana have been isolated and made into pill form through government-sponsored research, which directly contradicts the current legal view of marijuana. In fact, the former Surgeon General of the United States Jocelyn Elders asserted that overwhelming evidence exists that marijuana can relieve certain symptoms of ain, nausea and vomiting. (balanced politics. com). There are many pros for legalizing marijuana. Legalizing marijuana has many positive aspects, including increased tax revenue through the legal sale of marijuana. There is also the matter of the medical benefits of marijuana to those with illnesses that limit range of motion or induce nausea an d pain. (marijuana today. com). One of the most common arguments for legalizing marijuana is for medical benefits. Particularly health benefits for people who suffer from illnesses such as depression, cancer, glaucoma and even AIDS. Marijuana has been proven helpful for inducing appetite and combating nausea. Furthermore, marijuana has also proven beneficial for increasing the range of motion for those suffering from multiple sclerosis. As an illegal substance, many who suffer from debilitating illnesses would be arrested or imprisoned for simply seeking relief from their ailments. (marijuana today. com). The studies of the harmfulness of marijuana are inconclusive and contradictory. Most doctors would agree that it's not very harmful if used in moderation. (marijuanatoday. com). It’s only when you abuse the drug that problems start to occur. But isn't abuse of almost any bad substance a problem? If you abuse alcohol, caffeine, cigarettes, or even pizza, health problems are sure to follow. Would you want the government limiting how much coffee you can drink or how much cheesecake you take in? Some medical examples that marijuana helps is chemotherapy for cancer. Chemotherapy often causes extreme nausea and vomiting. An active ingredient of marijuana is THC which often reduces vomiting and nausea. Marijuana usually lowers pretreatment anxiety as well. Another illness marijuana helps with is AIDS. AIDS usually causes low appetite, loss of lean muscle. Marijuana improves appetite. Pain and muscle spasms associated with epilepsy and multiple sclerosis can be less occurring with the use or marijuana. Marijuana may ease incontinence of bladder and bowel and relive depression. Lastly the disease Glaucoma is a progressive form of blindness due to increased pressure inside the eyeball. When marijuana is smoked it may reduce pressure within the eye. Another positive aspect for legalizing the use of marijuana is it would significantly decrease the number of marijuana-related arrests and imprisonments in the United States. Police and court resources would be freed up for more serious crimes. More than 200,000 individuals are incarcerated each year for marijuana possession, as part of the U. S. government's War on Drugs. Decriminalizing marijuana would also eliminate much of the crime associated with the illegal sale and trafficking of marijuana. Moreover, several states allow legal use of marijuana when prescribed by a physician, yet thousands of dispensary owners and patients are arrested every year by the federal government. Legalizing marijuana could bring in more revenue for states, as well as help individuals receive care who may be unable to receive it otherwise. (marijuana today. com). If marijuana was legalized the cost on prosecuting offenders would decrease dramatically. Many consider the War on Drugs an expensive failure. Resources for DEA, FBI, and border security are only the tip of the iceberg. You must add in the cost of police officers, judges, public defenders, prosecutors, juries, court reporters, prison guards, and so on. Legalization of marijuana would free up those people to concentrate on more important things like terrorism, harder drugs, rape, murder, and so on. In addition, an already overloaded civil court docket would be improved; and, the wait time for other legitimate court cases would be reduced. Border agents, TSA staff, drug-sniffing dogs, and scanners are some of the resources that are being directed to drug law enforcement. When these resources are focused on drugs, less time & energy is devoted to protecting against terrorism and the closing of our borders. For example, dogs are trained to sniff for drugs rather than bombs. (marijanatodaypros. com). Another pro of legalizing marijuana is that the government could regulate the quality and safety of drugs. Many people die or become sick because of what is added to the marijuana they purchase. Last but not least if marijuana is legalized the government would have one more thing to throw a tax on and profit from. An enormous amount of money is raised through government taxation of alcohol, and cigarettes. The legalization of marijuana would create another item that could be taxed. I'm sure the government would have no problem spending all that extra money. The federal government's argument for criminalizing marijuana appears to be based on pressure from tobacco and pharmaceutical industries who find the non-patentable nature of marijuana harmful to profit margins. marijuana today. com). Along with positive reasons for legalizing marijuana there is also many cons for the legalization of marijuana. One concern that appears if marijuana is legalized is that it would increase the chances of the drug falling into the hands of kids. Even unhealthy legal items such as cigarettes and alcohol are prohibited from being sold to kids. This is because kids generally don't exhibit the sa me reasoning, responsibility, and judgment of an adult. And their bodies aren't as equipped to handle the intake of these substances. The problem is even worse for marijuana use. Developing brains and bodies can be dealt serious blows by the use of marijuana. Any time you make something legal, you increase the accessibility to children. All too often kids and teenagers get their hands on alcohol or cigarettes. They shouldn’t let the same thing happen with marijuana. Another bad effect that may occur if marijuana is legalized is more widespread use would increase the dangers of secondhand smoke-damage to bystanders. The dangers of secondhand cigarette smoke are well-publicized. Common sense tells us that more widespread usage of marijuana increases the likelihood that other people would suffer the damage of inhaling other people's smoke. Public places like bars would expose innocent patrons. In the home siblings, roommates, kids, and spouses would all face increased exposure. A huge concern in legalizing the use of marijuana is driving while under the influence of marijuana. Which is referred to â€Å"stoned diving†. Driving and smoking is harder to detect than drinking and driving. Only because it doesn’t usually have a distinct smell unless just smoked and the only sign is usually redder eyes. Driving while being under the influence of marijuana may be more prone to cause a car accident. Marijuana causes the brain to function slower than usually, so driving abilities may be inadequate. Marijuana is often used to a stepping-stone drug leading to heroine, cocaine, or harder drugs. Studies show that marijuana use often progresses to the use of harder drugs. In other words, people experiment with what is often thought of as a harmless drug. Then, after using it for a while people want to feel a better high. This is particularly a problem since most people will not directly start abusing the harder drugs that are generally understood to be harmful. The last and most common reason marijuana hasn’t been legalized yet is the physical damaged that is done to users’ body after a period of time. Although some studies have been disputed, marijuana abuse has been tied to brain damage, cancer, lung damage, depression, amotivational syndrome, and even death. The brain damage has been shown to cause memory loss and difficulty in problem solving. It is the governments duty to protect the public from such dangerous drugs. After all, that's why the FDA was created. (marijuanatodaycons. com). Immediate effects after someone has smoked marijuana may include: loss of restlessness, excitement, hallucinations, psychotic, paranoia, psychotic episodes, impaired coordination, impaired motor ability, mood swings, increased appetite, and impaired ability. Long Term effects of marijuana may include: the loss of brain cells, lung cancer, chronic bronchitis, energy loss, slow confused thinking, apathy, and blood vessel blockage. Physical effects of marijuana may include diarrhea, cramps, weight loss or gain, and impaired sex drive. Marijuana can be a gateway drug, which means it can lead to the use of many other harmful drugs. Marijuana has been linked with teen violence, suicide, crime, and unsafe sex-HIV transmission. Smoking marijuana by adolescent user can disrupt their emotional development, delay puberty, and can delay the monthly cycle in females. Marijuana may produce a mild physical dependence that causes minor withdrawal symptoms when discontinued, including nausea, insomnia, irritability, and anxiety. marijuanatodayeffects. com) Marijuana is an addictive drug that can harm your body which is the main reason that the government would rather leave the use of it legally out of the law. Marijuana is a commonly used drug in the united states and all over the world. Many people feel differently about the legalization of marijuana. Which is clear because in some states the drug is legal, or at least lega l for medical purposes. There is many pros and cons that come with the substance of marijuana. Regardless of the law the drug is very wide spread and used.

Strategic Management in Computers and Internet Essay

Strategic Management in Computers and Internet - Essay Example This will be one of the main factors when considering the buyer's (consumer's) segment of Porter's Five Forces Analysis. Then it will consider the new substitutes in the market, i.e. the no frills budget airlines, such as EASYJET and RYAN AIR as opposed to traditional competitors, such as British Midland. The above diagram succinctly explains the five forces that effect the position of a company within a competitive liberal market. These forces are the competitive rivalry within the industry, i.e. whether it is a monopoly or oligarchy, i.e. how easy it is for new individuals to enter the industry. In respect to airlines the ease to enter the market is limited because there are large setup costs; as well as the strict regulations since the events surrounding September 11th 2001. However, in recent years there have been budget airlines that have been entering the market, with the financial backing of large companies or tycoons. A prime example is Easy Jet. The bargaining power of customers is increasing with the entrance of budget airlines, whereby pricing is very competitive; especially with the rising fear of terrorist attacks. In fact, in many cases the pricing is dictated by the general consumer's expectations; however this causes problems to locations which are not the destination of the mass public. In respect to substitutes to airlines, this is limited in respect to long haul trips but much more diverse in respect to national and continental travels. Therefore not only does BA have to compete with budget airlines on short haul trips, but also with road, rail and sea travel. In order to compete with these obstacles BA.COM has initiated a very old, but winning approach which is customer service; however the main difference is that one can also have the efficiency and hassle free approach of online booking. The following report will focus on how introducing the first class customer service approach will create a stronger company internally and therefore making the choice of UK air travellers. In dealing with these issues of reputation, customer, staff and shareholder retention and satisfaction some serious queries have to be considered in respect to the regulatory regime of the Terrorism and Security requirements in each of its trading countries. As a company that engages in international travel, especially air travel, it is governed by strict requirements, guidelines and laws that need to be followed. This report will investigate the problems that may occur if BA.COM did not have an effective set of organizational behaviors in respect to the treatment and protection of staff, customers and shareholders; as well as the reputation of the company. The most important factor to remember is a happy staff means improved customer service and therefore the choice of customers.2 This falls in line with new EU Regulations concerning the position of the consumer. There are three key areas where problems are easily identifiable for the organization which are; the lack of proper organization with respect to operations; customer satisfaction; and staff morale. The first question that has to be dealt with is whether the bad market name is a direct result of the new policy or lack of organization in the customer service side. It would seem that the lack of any viable customer service will have a major negative impact on the

Tourism Essay Example | Topics and Well Written Essays - 2000 words

Tourism - Essay Example However, scholars hold the view that to the profession requires specialised skills and knowledge, continuous education and be good to the society and community. According to Roberts (2007), corporate social responsibility (CSR) entails responsible business conduct causing no harm in the workplace, marketplace, the natural environment as well as the community they operate in. In the tourism sector, it would mean that it is the local, national and global community. CSR is not only vital in promoting business operations but also creates harmony and respect between the business and the community. To the business, CSR looks to ensure that the organisations keep on making profit while ensuring that her future is safe. Tourism industry’s management ought to understand that CSR, reduces general operational costs while improving the firm’s reputation. By extending services to the community, the firm’s dignity rises, resulting to not only a competitive advantage but also access to investment and funding opportunities. Notably, most NGOs prefer funding projects that improve the society’s welfare. Corporate social responsibility in the tourism industry is not a choice; it is a business obligation (Lyn 2009). To the society, CSR increases welfare as well as building a liking for the firm. Going green initiative, maintained by a firm via CSR improves he ecological conditions of the society. The result is reduced health hazards, better working conditions as well as better services and safe products. Involvement in charitable fundraising can improve the society’s education and possibly create equal opportunities. According to Lyn (2009), tourism managers who focus on short-term profits at the expense of the society and the environment are doomed to fail. For sustainability, a business ought to ensure that there is a bottom line that measures environmental, economic and social profits and losses. That goes a long way at maintaining customer

Economics Essay Example | Topics and Well Written Essays - 500 words - 9

Economics - Essay Example Therefore, wages are considered a good indicator in employing people and expanding the business. Labor regulations like the ‘minimum wage’ affects the price signals in the market by disturbing the supply and demand. The differences between the supply and demand for labor could harm many people with the use of a minimum wage. This is true in the sense that increasing the minimum wage could result to an increase in the prices of goods. High prices of goods will eventually decrease the demand for the specific goods. Thus, people would tend to look for an alternative sources of similar item in order to maximize the value of their money. The SRAS curve would shift to the left; it means a decrease in the number of goods sold as prices of goods increases. (See Figure 1 – Aggregate Supply and Demand when Minimum Wage is Increased on page 4) Increasing the minimum wage could affect the U.S. international competitiveness and labor freedom. People who support an increase in the minimum wage insist that it would help the poor and less-skilled workers. However, the government intervention on this matter has an adverse effect in the market place. The increase in the minimum wage could affect the supply and demand curve leading to a less efficient in the allocation of labor. Thus, resulting to an increase in unemployment rate. (See Figure II – Supply and Demand of Labor When an Increase in Minimum Wage is Implemented on page 4) Each time the equilibrium real wage is not equal to the market-clearing real wage, the real wage becomes too high. In this case, some businesses would be forced not to hire additional manpower. For companies that are experiencing a bad business performance combined with a bad economic situation, some of these firms may choose to implement mass lay-offs or simply declare bankruptcy or closure. It simply proves that increasing the real wage too high would result to an involuntary unemployment. Determining

Free Movement of Goods Article 34 and 36 Essay Example | Topics and Well Written Essays - 2250 words

Free Movement of Goods Article 34 and 36 - Essay Example The aspect of measures can also include the inaction of a State to stop private individuals’ acts, which prevent the free movement of goods (The College of Law 2012, p200). The ECJ described the expression of quantitative restriction as measures that amount to partial or total restraint of, based on the circumstances, exports, imports or goods in transit. There are two laws that apply in this category but in this case, the most applicable law is the outright ban enforced by a Member State (Spain) on imports from another Member State (The College of Law 2012, p201). Free Pork Ltd plans to begin selling its products in Spain have been hampered by the law that requires the sale of sausages produced from humanely reared pigs to be checked by Spanish Sausage Checkers (SSC). If the sausages are not checked by SSC, the law prohibits its sales in Spain. However, the process of verifying whether the sausages have those conditions is usually lengthy. Therefore, Free Pork can challenge t his Spanish law. There is also a law that requires the name of the company not to use words that imply health or fitness. Free Pork can also challenge this law because it restricts the importation of goods and can affect the brand image of the company. The SSC is a form of a licencing system, which according to the articles, subjects the import of merchandises to the condition of getting an import licence. Even in situations where the application for an import licence is regarded a mere formality; it is a Quantitative Restriction. This is because is simply a mechanism in which imports can be restricted. In practice, it is very rare for the Member States laws to result to quantitative restrictions. The ban on exports or imports between Member States is only found in unusual circumstances (The College of Law 2012, p201). Therefore, failure by Free Pork Ltd to meet the conditions set by the Spanish laws is an outright ban on exporting sausages to this Member State. As stated earlier, t he ban only happens in unusual circumstances, and thus, Free Pork can challenge the law because an unusual circumstance lacks, which prohibits it from exporting the goods to Spain. The directive was important in developing a brief wording of the Article 34 TFEU (Treaty on the Functioning of the European Union) and it continues to offer guidance on the measures that can constitute a breach of Article 34 TFEU prohibitions. Article 2(1) of the directive describes a class of measures (for instance, national laws) that treat imported goods and domestic goods differently. They are commonly referred to as distinctly applicable measures. Article 3 of the directive describes a class of national laws that apply equally to imported and domestic products. These laws have a restrictive impact and they are commonly referred to as indistinctly applicable (The College of Law 2012, p202). Therefore, the directive classifies both indistinctly and distinctly applicable measures as measures that have a n impact equivalent to restrictions on imports. From the statement, it can be stated that a national law can become MEQR (Measures having Equivalent effect to a Quantitative Restriction) regardless of whether it â€Å"discriminates against imported products or appears to treat them in the same way as domestic products but is in

Job and Work Analysis Research Paper Example | Topics and Well Written Essays - 1750 words

Job and Work Analysis - Research Paper Example These methods include as task inventory, technical conference, job element methods, threshold trait analysis system, competency conference, and a combination of any two or more of these methods (Hartley, D.E., 1999). Job analysis takes into account the entire process of collecting and recording job-related data i.e. knowledge and skills necessary for the effective performance of the expectations of a job, duties and responsibilities involved, educational qualifications and the general experience recommended and the physical and emotional qualifications necessary to perform a job as desired. It is usually conducted to attain the particular information regarding qualifications of individuals to ensure creation of a right fit between job and employee, to perfectly assess performance of an employee, to come up with the right determinants on the worth of any particular tasks, and give analysis of the training and development requirements of the employees who are charged with the responsib ilities of delivering their specific jobs. For instance, this task undergoes through sections, with the first one being the determination of the worth of the particular job at hand. The second step would be to analyze whether the selected person is capable of delivering as is expected or determining if he/she is perfect for the job. Collection of other crucial facts and figures about the job such as location, department/ division, job duties, compensation grade, routine tasks, MIS tasks, reporting structure, being able to effectively adapt to the given environment, individual presentations e.t.c., are also to be factored in. All these partaking are for the purposes of increasing personnel as well as enhancing the organizational productivity (Sidney, F. & Steven C., 1999). This is diagrammatically illustrated as shown in the figure below: Each of the five categories in the job analysis has specific functions to carry out. Under the performance analysis, job analysis is conducted to g ive a check on the merits of goals and objectives of any particular job with regards to the standards set. This step helps in making prompt decisions on the best and realistic performance standards, evaluation criteria and individual’s output. The overall employee performance is measured, and accordingly appraised. Recruitment and selection, as another task in job analysis, facilitates the determination of the kind of individuals recommended for the performance of any particular job. Selection and recruitment points out on the educational merits, levels of experience and technical, emotional and personal skills necessary to conduct a job as per the standards required; with the main objective of ensuring the right person at the right position. Training and development needs assessment of all employees is a factor that each organization should undertaken, and the difference between actual output and the set targets determined. This technique helps in making proper decisions reg arding the necessary training contents, and the best tools and equipments to be used during the training exercise.