In this essay, those concepts will be explored with Rauch’s position on them, and what he believes. The definition of purism, in Rauch’s eyes, says that there is nothing wrong with it. He says, “Where there is genuine freedom of expression, there will be racist expression” (Rauch 392). He makes his point clear in this quote by saying that racism and freedom of expression will also be here, because without one, you don’t have the other. Rauch also states that though prejudice may be misguided belief, there is no need to choose sides and that is the beauty of intellectual pluralism.
Exclusionary Rule Evaluation Paper Brandy Alston University of Phoenix Criminal Procedure CJA/353 Professor Joseph Wade April 11, 2012 Exclusionary Rule Evaluation Paper Should the exclusionary rule be abolish this question is one not to simple to answer. Many individuals say no other say yes, and for those that do not know what the exclusionary rule is then they do not know their Forth Amendment Right. This makes answering this question harder, the Exclusionary Rule and Fourth Amendment works jointly for the United States and the citizens. The Fourth Amendment in the US Constitution limits the action of official law enforcement and helps keep the public rights from being violated for unreasonable searches or something close in that rang. This paper will define Exclusionary Rule, the rationale and purpose of the Exclusionary rule, the exceptions, cost and benefits and alternative remedies to the Exclusionary Rule and if we should keep or wipe out the Exclusionary Rule.
The two men have very similar views on the subject of just laws and unjust laws, but each goes about dealing with the problem of injustice differently. "On The Duty of Civil Disobedience" is a writing by Thoreau where he expresses his belief that the less the government does to govern, the better it is. He preferred less involvement from the government, referring to the government as a machine. He felt it was only necessary because the American people needed to feel its presence and hear its din. He believed that his first obligation was not to the government, but to do what he felt was right.
When asking yourself this question it puts the state on the honor system. If they answer this question with doubt in their voting method, then they should redo the method, or come up with one that they feel confident about. My agenda I am completely confident about if it is used correctly, due to the plethora of stages the ballots must be counted in, there is a small margin for error. There are four different steps when considering the odds of error and fairness within a voting system. The first step is to “ask what odds will your give that the presumption proves correct?” Step two is to “require each to specify what makes his answer different from the others.” Step three is to “Encourage argument, promote articulation of differences.” And the fourth step is to “review presumption accordingly.” All these questions must be asked when going through my agenda before the next step in counting the ballots is carried on.
to disobey a law that they feel is unjust. As martin luther king Jr. , wrote in his Letter from Birmingham Jail, "I submit that an individual who breaks a law that his conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law. " Civil disobedience is most justifiable when prior lawful attempts to rectify the situation have failed; and when the acts of civil disobedience are done to force the society to recognize the problem; when performed openly and publicly; and when the actor will accept the punishment. Many proponents urge that civil disobedience be used only in the most extreme cases, arguing that the Constitution provides many opportunities to voice one's grievances without breaking the law. Opponents of civil disobedience see it as a threat to democratic society and the forerunner of violence and anarchy.
My research paper will argue that the exclusionary rule needs to be changed and although it is a right, federal and certain state laws should not be included with the exclusionary rule. While I do believe the exclusionary rule act provides a basic human protection on rights that is significant in our legal system it needs to be changed. Four major cases have shown the power of the exclusionary act: Weeks v. United States in 1914, Silverthorne Lumber Company v. United States in 1920, Wolf v. Colorado in 1949, and Mapp v. Ohio in 1961 and all have added to the interpretation and decision making on evidence in court cases. Fruit of the poisons tree doctrine in 1920 and the creation of the good faith clause in 1984 has created even more interpretation for the courts on whether evidence seized is valid to use in court or not. Despite these provisions of interpretation, however, it does have flaws within it and in certain instances evidence that is protected by the exclusionary rule should be included in obtaining a conviction in criminal proceedings.
Anyone who lives inside the United States can never be considered an outsider where within its bounds.” (342). I believe that this is King’s thesis within his letter, and is a very strong passage. King explains that there are four basic steps in any nonviolent campaign, which include the collection of the facts to determine whether injustices exist, negotiation, self-purification, and direct action. This is King’s solution for solving segregation issues, and then goes on to state that they have gone through all four of these steps in Birmingham, which was one of the most segregated cities in the United States at this time. Another interesting passage states by King includes “The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation” (343).
“On Civil Disobedience” by Mohandas Gandhi, an excerpt from “Letter from Birmingham City Jail” by Martin Luther King Jr., and an excerpt from “Civil Disobedience” by Henry David Thoreau, all show how all three of them have similar views towards civil disobedience. Some people may believe that civil disobedience is not an effective way to attain change. However, they may not have realized that civil disobedience has helped many people achieve his or her goals, proving that civil disobedience is effective. For example, civil disobedience has helped African Americans gain certain rights and free them from racial injustice. In “Letter from Birmingham City Jail”, King talks about how African Americans were treated differently due to the color of their skin.
Retrieved from EBSCOhost. In this article, the author William Smith defines civil disobedience as the “public, non-violent and conscientious infringement of the law that is carried out to express the opposition to the law and policy” The author’s main aim of writing the article was to encourage the reflection of the civil disobedience by taking a prescriptive account on how the police forces can contain civil disobedience. The author expertly looks at the several key issues that are related to the civil disobedience. The author states that there are no substantial measures should be undertaken to contain the civil disobedience. In conclusion, he recommends the following; the police should the good of accommodation of the civil disobedience, and that the police should recognize their role in protecting the rights of the third parties while maintaining adequate levels of the public order.
The Constitution, until recently, did not apply to blacks; blacks feel they deserve payments from 310 years of slavery, destruction to their minds and culture. Dr. Martin Luther King's dilemma in the United States was of a different kind. He was torn between his identity as a Black man of African descent and his identity as an American. He urged Americans to judge based on the content of the character not by skin color and also believed in non-violent protests. Martin Luther King Jr’s main perspective during the fight on racism was equality.