AN310 Cultural Anthropology Essay Example | Topics and Well Written Essays - 500 words

AN310 Cultural Anthropology - Essay Example f English-Luek, and something more of a forward looking paper on what will eventually happen with technology, rather than a reflective look on how it has and currently is affecting lives. Perhaps, as a result of this, his view seems highly optimistic: he presents many upsides to technology for the family, and a very few downsides. He rightly assumes that technology will continue to get cheaper and more accessible, and thus be more widely used as time goes on (Molitor 2003). Furthermore, he recognized that mobile technology would be of growing importance, and argues that this presents many opportunities for families to stay in closer contact with each other and so forth, noting that mobile acumen is now being developed in children â€Å"from birth† and that staying in contact â€Å"on the fly† will lead to greater integration among members of the family (Molitor 2003, p 9). English-Lueck’s analysis is based on observations of the way technology has affected the family, rather than how it could. It is a bit more double sided. Like Molitor, English Lueck noted that families felt that technology allowed them to stay in contact in ways that would not otherwise be possible – and thus gain more independence (English-Lueck 1998, p 5). However, technology also has a high degree of downsides. The largest is the intervention of work into family time – almost everyone in English-Lucke’s work complained of having work at home or sometimes even having a great deal of work at home without noticing it (English-Lueck 1998). Finally, English-Lueck noted that, while technology altered family life, it also conformed to expectations that had been built over generations before the technology existed, such as gender roles. Men would be expected to be better experts on technology than women, and more interested in â€Å"discussing it† (Enli gsh-Lueck 1998, p. 8), whereas women wanted to use it. One common thread that I found between the two readings and my own life is lack of

Personal statement Essay Example for Free

Personal statement Essay My names David, and just like my entire society of Jews, I have been neglected from the German nation. I have found no reasoning, no explanation, for why we been blamed for our countries extreme downfall. For the last two years our family has been in hiding and three months ago we were located and persecuted by the Nazis. The neighbors gather information and noticed we were Jewish, they quickly called the police. Weve received letters from our relatives stating their safe in a labor camp but I know they are probably not even alive anymore. Ive kept updated with the militaries action and they invaded Poland 39 as well. I feel an entire war begging and the help for our race is no where near. This Genocide is no where near over. We were stuffed into train crafts, over crowed without any space to sit. We had a bucket as a toilet for about 35 people. I felt the presence of evil from the begging, and even though I know were heading to Auschwitz I dont have any predictions for my future. As soon as we stepped off the train we were separated into two groups. To me the groups were workers and the other were the useless. I havent seen my mother or baby sister nor my grandmother. Me and my father escaped and are once again in hiding. We tried locating our family but we cant find anyone from the other group, but have seen bodies being disposed and the crematoria. I havent slept but Ive cried, consistently. As well as my father were torn down we understand what is going and are hopeless. I know the year, 1943. But not the day nor month. Help? I don’t expect it, not after 4 years not anytime soon especially not America who didn’t even allow the St. Louis ship to stop in the beginning. The only reason I believe this is because they have no idea what is going on. If they did they would evidently stop this epidemic and come rescue us. Me and my father have been living hopeless and have not expected anything to change but were safely hiding. Today we saw American soldiers invaded the labor camp and I have no idea what my future holds. Hopefully we can relocate to Israel which is under British control or united states. I just want for everything to go back to normal but the will never happen, especially since my family has been destroyed. The Allies soldiers are helping as much as possible and feel more sorrow then any other person, They will never fully understand what we went through. The world has come to a complete change, they understand that the isolation only brought destruction to entire world and the only way to keep peace is too come to a united world. I don’t feel the same, never will. My mentality has developed, I avoid eye contact with everyone, I hate speaking of the experiences but I most in order to let society know what has really happened.

Faulkners Condemnation of the South in Absalom, Absalom Essay

Faulkner's Condemnation of the South in Absalom, Absalom       William Faulkner came from an old, proud, and distinguished Mississippi family, which included a governor, a colonel in the Confederate army, and notable business pioneers.   Through his experiences from growing up in the old South, Faulkner has been able to express the values of the South through his characters. William Faulkner's Absalom, Absalom offers a strong condemnation of the mores and morals of the South.      Ã‚  Ã‚  Ã‚  Ã‚   Faulkner's strong condemnation of the values of the South emanates from the actual story of the Sutpen family whose history must be seen as connected to the history of the South (Bloom 74).   Quentin tells this story in response to a Northerner's question:   "What is the South like?"  Ã‚   As the novel progresses, Quentin is explaining the story of the Sutpen myth and revealing it to the reader.   Faulkner says that the duty of an author, as an artist, is to depict the human heart in conflict with itself.   This attitude is revealed in the conflicts that Henry Sutpen undergoes in Absalom, Absalom.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thomas Sutpen is the son of a poor mountain farmer who founded the Sutpen estate.   Thomas Sutpen stands for all the great and noble qualities of the South, and at the same time represents the failure of the South by rejecting the past and committing the same types of acts that his ancestors did (Connelly 34).   He rejects his own father to adopt a plantation owner as his surrogate father, who acts as a model of what a man is supposed to be.   When the plantation owner tells Sutpen to use the back door instead of the front door, Faulkner is using ... ...).    Works Cited    Aswell, Duncan. "The Puzzling Design of Absalom, Absalom!" Muhlenfeld 93-108    Bloom, Harold, ed.  Ã‚   Absalom, Absalom! Modern Critical Interpretations.   New York: Chelsea.  Ã‚  Ã‚   1987.    Connelly, Don.   "The History and Truth in Absalom, Absalom!" Northwestern University, 1991.    Faulkner, William.   Absalom, Absalom!   New York: Vintage, 1972    Levins, Lynn.   "The Four Narrative Perspectives in Absalom, Absalom!"   Austin: U of Texas,   1971.    Muhlenfeld, Elizabeth, ed. William Faulkner's Absalom, Absalom!: A Critical Casebook. New York: Garland, 1984.    Rollyson, Carl. "The Re-creation of the Past in Absalom, Absalom!"   Mississippi Quarterly 29 (1976): 361-74    Searle Leroy. "Opening the Door: Truth in Faulkner's Absalom, Absalom!" Unpublished essay. N.d.

Discuss the following Essay

A staff meeting has been called for all members of the administrative department at the hospital where you work. Due to a change in patients’ needs, the hours of operation need to be modified.   Several scheduling options are presented and a decision has to be made. Should this decision be made by a majority vote, or a consensus? Support your choice with   reasoning from the decision making section on page 98 of your GMC. I think that due to the time and hours of operation that it should be a majority vote for the reason or reasons outlined below: 1.Since there is only the matter of counting votes, decisions can be reached much more quickly with majority rule. Majority rule does not require the same level of interpersonal communication. It is a democratic process which ultimately comes down to simple mathematics. This method of decision-making, outside of registration, is often anonymous. The nature of the process, in many cases, allows individuals to maintain their privacy, as others cannot know with certainty, for whom or what a person has voted. A disadvantage of majority rule is the majority’s ability to vote against the interests and preferences of those in the minority without those groups or individuals being heard or involved in the discussion. Those in the minority may be disenfranchised and remove themselves from the decision-making process because they are aware they do not have the numbers to win or significantly impact the vote.

Freedom

Freedom. We all dream about it. We all wish we could break free of the rules, laws and constraints we are all chained down by. The uniforms, taxes, laws and harsh, judgemental opinions: All these keep us in order, organized and running smoothly like a well-oiled machine. But sometimes what is best for people is not the strict guidelines and controlling regulations, but the shattering of the barrier to insanity and liberation, the spreading of wings and freedom of flight that we can only ever experience in dreams. Freedom, however, can have many different definitions.To be able to do anything they want without the fear of trouble, fines or cruel, judgemental opinions, or maybe just to be able to walk to the park alone. There are numerous levels of freedom and everybody’s opinion on where they are on those levels can depend on their upbringing, cultural background, age group and environment. Some cultures, for example, are considered to be stricter than others in certain, or all aspects of their children’s lives, even to the extent of an arranged marriage. There are many reasons for why children should be allowed some freedom, however, but still be on a loose leash.We all need to go through the childhood stage, with we need room to explore the world and take risks in a safe environment and manner. Parents just need to find a balance between the two, letting the child make some of their own decisions, but also letting them make small mistakes as to learn from them. Though some teenagers of this generation feel as if they need more freedom, most of them do not. Teenagers do not know the real meaning of freedom and have not learnt to savour it as those in the work force have. They do not know what it is like to have to fend for themselves, and have others depend on them to live as well.To have just one day where all that responsibility, and the responsibility of sticking to laws and restrictions, is lifted off their shoulders, would be the feeling of t rue freedom. Parents restrict their teenagers from doing some things and going to certain places because they want their children to be safe, but to enjoy and savour the freedom they have now before they are released into the â€Å"real world† and never to experience it again. Teenagers of this day and age have quite a bit of freedom in many aspects already compared to their parents and other older generations.Being a teenager myself, I can see why some others would like more, and feel as if they are deprived of, choice and freewill, though I understand that the restrictions placed and reinforced upon by the parents are only for our benefit. As our parents, they would have decidedly more knowledge of the world and its dangers due to experience, as they have been where us teens are today. The world, however, is changing, and with a new generation comes new experiences. There are many choices in life, and if we do not make mistakes, we would not be able to learn and grow as peo ple.Independence is a crucial lesson in life, and can only be achieved through self nourishment and exploration of both ourselves and the world around us. Though parents may think that by restricting their children from going out and contributing to certain events is to protect them, they may be actually shielding their children from the real world, feeding their children lies when the society they live in isn’t as innocent. Totally shielding that child from the events of the world would be unfair to both the parents and the child. Gradually exposing them to the world however, would be a nicer alternative.The shock of finding out how different the real world is compared to their thoughts and filtered knowledge would be extremely unfair as they would discover all the experiences they did not get to participate in, and feel as if their childhood had been wasted. This shielding of children may also have prevented them from having a social life. They may have been kept at home, q uietly reading, or studying for a test coming up in a couple of weeks, while their friends were out having fun and experiencing and contributing to the memories that they will be able to tell their children when they have grown out of their teenage years.Being kept at home, it would make sense that they would have a quieter and less outgoing personality, and that new experiences would not be as happily welcomed as they would by those who had had the chance to understand and gain knowledge about it. On the other hand, quite often teenagers who are kept at home, but who have knowledge of the outside world, become rebellious and disobedient in order to try and experience new things with friends and also to be socially accepted and to fit in.However, this creates tension and mistrust within families, and therefore harsher restrictions on their freedom, causing other, more forceful forms of rebellion. Freedom is classed on so many different levels, that sometimes, even walking home witho ut the threat of death is a dream. With countless different definitions of â€Å"freedom† each and every person would have a varied view on liberation and different levels on where they feel it. Teenagers need time to explore and experience, but on he other hand, they need to be able to do this in a fairly safe and comfortable environment. Lack of freedom hinders the growth and development of personalities and the teenager’s ever going search to find themselves, and who is going to make their mark in the world in the near future. Freedom is a part of life that shapes and moulds the clay of the future of mankind into the people who will one day run the world. And in freedom, we fly. Freedom Freedom. We all dream about it. We all wish we could break free of the rules, laws and constraints we are all chained down by. The uniforms, taxes, laws and harsh, judgemental opinions: All these keep us in order, organized and running smoothly like a well-oiled machine. But sometimes what is best for people is not the strict guidelines and controlling regulations, but the shattering of the barrier to insanity and liberation, the spreading of wings and freedom of flight that we can only ever experience in dreams. Freedom, however, can have many different definitions.To be able to do anything they want without the fear of trouble, fines or cruel, judgemental opinions, or maybe just to be able to walk to the park alone. There are numerous levels of freedom and everybody’s opinion on where they are on those levels can depend on their upbringing, cultural background, age group and environment. Some cultures, for example, are considered to be stricter than others in certain, or all aspects of their children’s lives, even to the extent of an arranged marriage. There are many reasons for why children should be allowed some freedom, however, but still be on a loose leash.We all need to go through the childhood stage, with we need room to explore the world and take risks in a safe environment and manner. Parents just need to find a balance between the two, letting the child make some of their own decisions, but also letting them make small mistakes as to learn from them. Though some teenagers of this generation feel as if they need more freedom, most of them do not. Teenagers do not know the real meaning of freedom and have not learnt to savour it as those in the work force have. They do not know what it is like to have to fend for themselves, and have others depend on them to live as well.To have just one day where all that responsibility, and the responsibility of sticking to laws and restrictions, is lifted off their shoulders, would be the feeling of t rue freedom. Parents restrict their teenagers from doing some things and going to certain places because they want their children to be safe, but to enjoy and savour the freedom they have now before they are released into the â€Å"real world† and never to experience it again. Teenagers of this day and age have quite a bit of freedom in many aspects already compared to their parents and other older generations.Being a teenager myself, I can see why some others would like more, and feel as if they are deprived of, choice and freewill, though I understand that the restrictions placed and reinforced upon by the parents are only for our benefit. As our parents, they would have decidedly more knowledge of the world and its dangers due to experience, as they have been where us teens are today. The world, however, is changing, and with a new generation comes new experiences. There are many choices in life, and if we do not make mistakes, we would not be able to learn and grow as peo ple.Independence is a crucial lesson in life, and can only be achieved through self nourishment and exploration of both ourselves and the world around us. Though parents may think that by restricting their children from going out and contributing to certain events is to protect them, they may be actually shielding their children from the real world, feeding their children lies when the society they live in isn’t as innocent. Totally shielding that child from the events of the world would be unfair to both the parents and the child. Gradually exposing them to the world however, would be a nicer alternative.The shock of finding out how different the real world is compared to their thoughts and filtered knowledge would be extremely unfair as they would discover all the experiences they did not get to participate in, and feel as if their childhood had been wasted. This shielding of children may also have prevented them from having a social life. They may have been kept at home, q uietly reading, or studying for a test coming up in a couple of weeks, while their friends were out having fun and experiencing and contributing to the memories that they will be able to tell their children when they have grown out of their teenage years.Being kept at home, it would make sense that they would have a quieter and less outgoing personality, and that new experiences would not be as happily welcomed as they would by those who had had the chance to understand and gain knowledge about it. On the other hand, quite often teenagers who are kept at home, but who have knowledge of the outside world, become rebellious and disobedient in order to try and experience new things with friends and also to be socially accepted and to fit in.However, this creates tension and mistrust within families, and therefore harsher restrictions on their freedom, causing other, more forceful forms of rebellion. Freedom is classed on so many different levels, that sometimes, even walking home witho ut the threat of death is a dream. With countless different definitions of â€Å"freedom† each and every person would have a varied view on liberation and different levels on where they feel it. Teenagers need time to explore and experience, but on he other hand, they need to be able to do this in a fairly safe and comfortable environment. Lack of freedom hinders the growth and development of personalities and the teenager’s ever going search to find themselves, and who is going to make their mark in the world in the near future. Freedom is a part of life that shapes and moulds the clay of the future of mankind into the people who will one day run the world. And in freedom, we fly.

Arizona V Johnson Essays

Arizona V Johnson Essays Arizona V Johnson Paper Arizona V Johnson Paper Arizona v Johnson (2009) 129 S. Ct. 781 Date of Judgment: January 26, 2009 INTRODUCTION In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was in error by denying his motion to suppress the evidence. He argued that he had been unlawfully â€Å"seized† because being a passenger in a vehicle does not automatically constitute â€Å"seizure. † He furthered argued that even if he had been â€Å"seized,† that by the time Officer Trevizo searched him he was no longer â€Å"seized† as their conversation had become consensual. Furthermore, the evidence should not be considered because the search violated his Fourth Amendment rights and because the officer had no reasonable suspicion that criminal activity was occurring as mandated by Terry v Ohio. On September 10, 2007, the Arizona Court of Appeals overturned the conviction. The court concluded that Trevizo had no right to pat Johnson down even though she believed he was armed and dangerous. The court held that Johnson, although legally detained, had evolved into consensual conversation with officer Trevizo regarding his gang affiliation. This conversation was not connected to the traffic stop of the driver; therefore, the officer may not conduct a pat-down without reasonable cause to believe that â€Å"criminal activity may be afoot. On appeal to the United States Supreme Court, the state argued that police officers should have the right to conduct a pat-down search if they believe the person may be armed and dangerous. On June 23, 2008 the United States Supreme Court granted the State’s petition for a writ of certiorari. The question presented in this case is do police officers have the authority to â€Å"stop and frisk† a passenger in a motor vehicle temporar ily detained upon police detection of a traffic infraction on the basis they believe the person may be armed and dangerous, even when there is no reasonable suspicion of criminal activity? The Supreme Court decided that yes an officer’s reasonable belief that a person is armed and dangerous is sufficient for performing a pat-down search. They established that a Terry â€Å"stop† is met when police lawfully detain a vehicle and its occupants on a traffic violation. The police do not have to believe anyone in the vehicle is involved in criminal activity. A Terry â€Å"frisk† is justified if police reasonably believe the person may be armed and dangerous. Although this case is based on conditions of a traffic stop, one has to wonder if this will open the door to intrusive searches by officers in varying situations. FACTS On April 19, 2002, Officer Maria Trevizo and Detectives Machado and Gittings, members of Arizona’s gang task force, were patrolling in the Tucson neighborhood Sugar Hill, an area associated with the Crips gang. Around 9 p. m. , they pulled over a vehicle after a license plate check revealed its registration had been suspended for mandatory insurance law. The vehicle had three occupants, the driver, a passenger in the front seat, and Lemon Montrea Johnson, respondent, in the back seat. At the time of the stop, the officers had no reason to suspect anyone in the vehicle of criminal activity. The officers walked toward the car. Machado told the occupants to keep their hands in sight. He inquired if there were any weapons in the vehicle, all three said no. Machado instructed the driver to get out of the car. Gittings talked to the front seat passenger, who remained in the vehicle throughout the duration of the traffic stop. Machado interviewed the driver regarding the insurance and registration. Trevizo dealt with Johnson. As Officer Trevizo approached the vehicle, she noticed Johnson alternately watching the officers and commenting to the front seat passenger. This alerted Officer Trevizo. When she drew closer to the vehicle, she noticed Johnson wearing a blue bandana, the chosen color of the Crips. Additionally, she observed that Johnson had a police scanner in his jacket, which she found to be unusual and cause for concern, as† most people† would not carry a scanner â€Å"unless they’re going to be involved in some kind of criminal activity or [are] going to try to evade the police by listening to the scanner. † Trevizo questioned Johnson, who did not have any identification with him but he did provide his name and date of birth. He also stated he was from Eloy, Arizona, a known home to the Crips. Johnson revealed he was a convicted felon who had served prison time for burglary. These factors led Officer Trevizo to believe Johnson may have been a gang member. Officer Trevizo wanted to gather intelligence about the gang Johnson may have been in, as gathering intelligence was one of her main missions in the task force. Officer Trevizo wished to question Johnson away from the others and asked Johnson to get out of the car. Johnson complied. Officer Trevizo was trained extensively as a gang task force officer and knew gang members generally tend to carry a gun. She was concerned for her safety, but did not have a reasonable indication that â€Å"Johnson was engaged in or about to engaged in criminal activity. † When Johnson got out of the car, Trevizo â€Å"patted him down for officer safety. † While patting Johnson down, Trevizo discovered a gun. At that time, Johnson began to struggle. Officer Trevizo hand cuffed Johnson. PROCEDURAL BACKGROUND A. Trial Court Johnson was charged with possession of a weapon by a prohibited possessor, possession of marijuana, and resisting arrest. On October 31, 2005, Johnson filed a motion to suppress evidence found on his person during the pat-down search. The motion was denied. In November, 2005, Johnson was found guilty of the weapons charge as well as possession of marijuana, but not of resisting arrest. He was sentenced to eight years and one year concurrently. B. Arizona Court of Appeals Johnson appealed. The Arizona Court of Appeals in State v Johnson reversed the conviction. The majority held that Johnson was lawfully detained at the time of the stop; however, the conversation between Trevizo and Johnson had turned into a consensual one that was unrelated to the traffic stop. Since Trevizo had no indication that criminal activity was occurring, she had no right pat Johnson down even if she believed he was armed and dangerous. The court referred to Terry v Ohio finding that a Terry stop allows officers to conduct a pat-down search in order to protect the officers, a consensual search does not as they stated in Ilono H: â€Å"Terry and its Supreme Court progeny addressed the propriety of a pat-down search exclusively in the context of a lawful investigatory stop. We do not read those cases to authorize a pat-down search as part of a mere consensual encountereven hen an officer may have grounds to believe the targets of the encounter are potentially armed and dangerous. † The court also drew upon the Supreme Court’s holding in Brendlin v California to determine if Johnson had been lawfully seized. In Brendlin v California, â€Å"a passenger is seized when the vehicle in which he or she is riding in is lawfully stopped by police. However, Johns on contended that even though he had been seized that was no longer the case because it had turned into a â€Å"consensual encounter before Trevizo patted him down. The court cited cases that stated a traffic stop may become consensual â€Å"when officers return the license or registration to a stopped driver, issue the driver a citation or warning, or tells the driver he or she is free to go† or â€Å"asks questions without further constraining the driver by an overbearing show of authority. † The court could not find any case law to establish that point with a passenger, but they reasoned that common sense suggests that at some point the passenger should be free to walk away. To decide when that point was, they applied a standard of reasonableness. The court elaborated on what was a consensual encounter. They considered a consensual encounter is if a person cooperates with the police voluntarily, answering non-coercive questioning. Additionally, if that person is free to leave at any time, he or she is not seized under the Fourth Amendment. Furthermore, the court stated that the encounter would not be consensual if the person did not feel free to leave. In Johnson’s case, the reason Officer Trevizo wished to speak with Johnson to learn more about his gang affiliation, not about the traffic stop and Trevizo testified that Johnson was free to leave at any time. The court stated that Trevizo could have ordered the passengers out of the car, but she did not. Trevizo had also stated that Johnson could have refused to get out of the car. Arizona case law agrees that a Terry stop can evolve into a consensual encounter as in State v Navarro. In Navarro’s case, a suspect in a shooting was taken into custody during a valid Terry stop, but the court determined it evolved into a consensual encounter because the suspect had not been â€Å"confront[ed] and surround[ed] at the initial detention† His handcuffs were removed and he voluntarily agreed to go (unfrisked and in the officer’s front seat) down town with the officer to talk about the shooting. In comparing the cases, the court believed Navarro was subjected to a greater level of coercion than Johnson. After examining every aspect of Johnson’s encounter with Trevizo, the court determined that Johnson’s getting out of the car to talk to Trevizo was consensual. They stated any â€Å"reasonable person in Johnson’s position and under these circumstances would have felt he could have remained in the vehicle. † They acknowledged that Trevizo had a reason to believe Johnson was armed and dangerous (clothing, scanner, hometown) but that fact alone did not give her the right to pat Johnson down in a consensual encounter. They determined that the trial court made an error when they chose not to suppress the evidence found. They reversed Johnson’s convictions and sentences and remanded the case for further proceedings. Judge Espinosa dissented. He found it unrealistic to conclude that just because Trevizo did not use coercion and Johnson volunteered to talk to her, made the encounter evolve into a consensual encounter. Consequently, Trevizo, fearing for her safety and the safety of others, could not legally conduct a pat-down search. The dissent noted that in Ilono H. the right to conduct a pat-down search should be dependent on the legality of the original Terry stop. Additionally, the dissent stated Arizona courts had many cases affirming the right of an officer to conduct a pat-down search when there is reasonable concern for his safety, as in State v Riley where a passenger was patted down during a traffic stop, in State v Valle where a passenger was patted down after he reached for his waistband when he was asked if he had a weapon, and in Adams v Williams that stated an â€Å"The purpose of this limited search is not to discover evidence of crime, but to allow the officer to pursue his investigation without fear of violence. The dissent continued that this was a legal traffic stop and since Officer Trevizo believed Johnson was armed and was a threat to her as well as the others; therefore she had the right to conduct a pat-down search of Johnson. The Arizona Supreme Court denied review. C. United States Supreme Court The State of Arizona appealed. The United States Supreme Court granted certiorari and reversed the judgment of the Arizona Cou rt of Appeals. They began by looking at Terry v Ohio. The police must have a reasonable belief that a person is engaged in criminal activity in order to stop him or her and a reasonable suspicion that the person temporarily detained is armed and dangerous in order to frisk him or her â€Å"stop and frisk. † â€Å"Because a limited search of outer clothing for weapons serves to protect both the officer and the public, a pat-down is constitutional. † With traffic stops being short in nature, similar to the detention authorized in Terry, the threat of danger to the police officer is heightened who is authorized to reduce the risk by taking â€Å"unquestioned command of the situation. To elaborate on Johnson being in a Terry situation, the court referred to Pennsylvania v Mimms which held that it does not violate the Fourth Amendment â€Å"because the governments legitimate and weighty interest in officer safety outweighs the de minimis additional   [**699]  intrusion of requiring a driver, already lawfully stopped, to e xit the vehicle. † Once outside the vehicle, Terry v Ohio states the driver can be then be patted down if there is suspicion he is armed and dangerous. The Mimms rule pertains to passengers as well as to drivers. They both have the same motivation to steer clear of being arrested for more significant crimes than traffic related offenses they have the same motivation to use violence to avoid such arrest. The safety of the officer outweighs the â€Å"minimal† intrusion of being asked to get out of the car and all the occupants of the vehicle have already been seized by nature of the car stop. The Supreme Court held that the Arizona court was in error in believing that Trevizo and Johnson’s encounter had evolved into a consensual encounter. Trevizo had not told Johnson he was free to leave nor did she inform him he did not have to cooperate with her and answer her questions. In other words, she did not give Johnson any reason to believe that her interrogation was consensual. Furthermore, a lawful roadside stop begins when the vehicle is pulled over and ends when police no longer need to control the situation at which time they inform the driver and passengers they are free to leave. A reasonable passenger would understand that as long as the car was seized, he was seized as well. The fact that Johnson was being interrogated about matters other than traffic would not change that understanding. Nothing had happened in the encounter before the frisk that would lead Johnson to believe he was free to leave without the officer’s permission. In a unanimous decision written by Justice Ruth Bader Ginsburg, the Supreme Court reversed the Arizona Court of Appeals. Arizona v Johnson was reversed and remanded. The Court held that Johnson’s encounter was not consensual and did not violate his Fourth Amendment rights. The court opined: valid traffic stops give officers the right to detain the driver and passengers for the duration of the stop; drivers and passengers may be removed from the vehicle with no additional justification; occupants may be asked for identification; if the officer reasonably believes the person may be armed and dangerous, he may conduct a pat-down search (even if he does not believe the person has been or is engaged in criminal activity); officers may inquire or converse about matters other than the traffic stop without it turning in to a consensual encounter as long as it does not â€Å"meaningfully prolong† the traffic stop. LEGAL BACKGROUND The Fourth Amendment to the Bill of Rights of the United States Constitution states: â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. † When the Fourth Amendment law was created, no one could have predicted the controversy that would follow in this era of mobility. The first time the Court had to address how the Fourth Amendment applies to searches of automobiles was in 1925, Carroll v United States. Two men were suspected of bootlegging. The police pulled them over and discovered illegal liquor in the trunk of their automobile. The defendants argued there was no warrant served allowing police to search their vehicle, therefore, the evidence should be suppressed. The Court disagreed, reasoning it was impractical to obtain a warrant due the mobility of an automobile. The Court noted difference between buildings and automobiles. Automobiles have the ability to leave the jurisdiction, taking the evidence with them, before a warrant could be obtained. The ruling in Carroll v United States enacted warrantless searches of vehicles are permissible if there was â€Å"probable cause† to believe contraband could be in the vehicle and belief that the vehicle could be moved before the officer could get a warrant. This became known as the â€Å"automobile exception. † The Court had created distinct guidelines for searching, with or without warrant. Now they needed to determine a clear definition of seizure. The benchmark case to define seizure is Terry v Ohio. The â€Å"stop and frisk† procedure was formally created in the case of Terry v Ohio. In October, 1963 a police officer observed two suspicious acting men standing on a street corner. One of the men would leave, walk down the street, look carefully in store windows, continue walking, turn around and look in the same windows again, and return to the corner to talk to the other man again. The second man did the same thing. In fact, they went back and forth six times. The police officer found this behavior highly bizarre and believed they were going to rob the store they had been observing. This led him to believe they were probably armed as well. He followed the men around the corner, where they were meeting with a third man. He approached them and asked their names. They mumbled incoherently. The officer grabbed the man in the middle (Terry) and patted down the outside of his clothing. He found a pistol in the left breast pocket of his jacket, but he could not retrieve it, so he asked them to go into the store. He removed Terry’s jacket and retrieved the pistol. The officer patted down the second man and found a pistol on him as well. The third man did not have a weapon on him. The men were taken into custody and charged with carrying a concealed weapon. Terry moved that the evidence should be suppressed as the evidence found was the result of an illegal search which violated his Fourth Amendment rights. The judge denied this motion stating that the officer’s experience granted enough cause to conduct an interrogation. The defense appealed to the Supreme Court. The main issue the Supreme Court had to deal with was whether or not Terry’s Fourth Amendment rights had been violated by unreasonable search and seizure. They held what came to be known as â€Å"stop and frisk,† which contained two parts. First, an officer may stop a person if he has â€Å"reasonable suspicion,† based on articulable facts that the person has committed or is in the process of committing a crime. The existence of reasonable suspicion depends on the overall view of the circumstances, including the† information known to the officer† and any â€Å"reasonable inferences to be drawn at the time of the stop. † This â€Å"investigative stop† does not require â€Å"probable cause† found the Fourth Amendment’s warrant clause. Probable cause in short is a reasonable belief that a person has committed a crime. † In determining what is probable cause . . . [w]e are concerned only with the question whether the affiant had reasonable grounds at the time of his affidavit . . . for the belief that the law was being violated on the premises to be searched; and if the apparent facts set out in the affidavit are such that a reasonably discreet and prudent man would be led to believe that there was a commission of the offense charged, there is probable cause justifying the issuance of a warrant. A person, within the meaning of the Fourth Amendment, is seized â€Å"whenever a police officer accosts an individual and restrains his freedom to walk away. † They also determined that patting down the outer clothing is a â€Å"search† under that Amendment. Second, to proceed from the â€Å"stop† to the â€Å"frisk† â€Å"a reasonably prudent officer must believe that he or others are in d anger, then he may make a reasonable search of the person that he believes is armed and dangerous, regardless if he is certain the person is armed or regardless of whether or not he has cause to arrest the person. They stated that police must have probable cause and when possible have a warrant to search. In on-the-spot cases, however, it is not practical to obtain a warrant. The officer in the Terry case did have reason to suspect the men were armed. Therefore, the Supreme Court affirmed Terry’s conviction. Elaborating on whether or not a person has been seized is found in United States v Mendenhall. The Court held that a person is seized â€Å"if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. On February 10, 1976, Sylvia Mendenhall flew in to the Detroit Metropolitan Airport on a flight from Los Angeles. DEA agents observed her behavior as suspicious as if she were possibly carrying illegal drugs. The agents approached her and asked for identification and her airline ticket. Her airline ticket showed her name as â€Å"Annette Ford. † When questioned, she responded she just felt like using that name. Agent Anderson asked Mendenhall to go with him to the airport DEA office. She did. He asked her if she would allow him to search her handbag, clearing stating she did not have to if she did not want to. She handed him the handbag. A female officer arrived to search her person. Before proceeding, the officer asked Mendenhall if she consented to being searched which she responded she did. When heroin was found, she was arrested. The District Court denied Mendenhall’s motion to suppress, since she had consented to the search. The question to the Supreme Court was whether or not Mendenhall was â€Å"seized† when the DEA agents first approached her and requested her identification. The Court concluded that a person has been â€Å"seized† if considering all the circumstances, a reasonable person in that situation, would believe he did not have the freedom to leave. According to Mendenhall, without â€Å"reasonable suspicion† law enforcement may make consensual contact with a person. The person does don have to answer any questions. As long as he or she is free to walk away, the encounter does not violate any liberties granted in the Fourth Amendment. In Pennsylvania v Mimms, the Court held that an officer may order a driver out of the car, provided the traffic stop was lawful. Two Philadelphia policemen were patrolling when they noticed a car with an expired license. They pulled the car over to ticket the driver for driving with expired tags. One of the officers asked the driver, Mimms, to step out of the vehicle to provide his license and registration. Upon doing so, the officer noticed a â€Å"bulge under his jacket. † The officer frisked Mimms and found a loaded 38-caliber revolver. Mimms was charged and convicted with carrying a concealed deadly weapon and unlawfully carrying a firearm without a license in the trial court. Mimms moved to suppress the evidence. The Pennsylvania Supreme Court reversed the conviction after determining that the way the gun was discovered was a violation of the Fourth Amendment. They held that the officer’s request for Mimms to get out of the car was an unlawful seizure, protected against in the Fourth Amendment. â€Å"This was so because the officer could not point to â€Å"objective observable facts to support a suspicion that criminal activity was afoot or that the occupants of the vehicle posed a threat to police safety. † They continued that the officer should have never had the opportunity to notice the bulge; therefore, the search should have never taken place. The United States Supreme Court did not agree with the Supreme Court of Pennsylvania. The Court referred to Terry v Ohio as setting the standard of whether the facts available to the officer at the moment of the seizure or the search `warrant a man of reasonable caution in the belief that the action taken was appropriate there is little doubt that the officer was justified. The Court stated â€Å"the officers safety outweighs the additional intrusion of the driver to get out of the car which was â€Å"de minimis† since he was already detained by the traffic stop. The Court reversed the decision of the Pennsylvania Supreme Court. Maryland v Wilson extended the ruling of Pennsylvania v Mimms that an officer may order the driver out of the car, to passengers as well. A Maryland state trooper pulled over a speeding car on I-95 in Baltimore County. The officer noticed the passenger, Wilson, sweating and appearing to be very nervous. The officer ordered Wilson to get out of the car . When he did, a quantity of cocaine fell on the ground. Wilson was charged with possession of cocaine with intent to deliver. The Baltimore County Circuit Court granted the motion to suppress the evidence stating that ordering Wilson to get out of the car violated his Fourth Amendment rights, constituting an unreasonable seizure. The Maryland Court of Special Appeals affirmed. The United States Supreme Court had to decide whether or not the ruling in Mimms should be extended to include passengers. The Court held that the ruling should extend to the passengers as the â€Å"additional intrusion of exiting the vehicle as â€Å"de minimis† in comparison to the officer’s safety. The Court reasoned that a passenger would have the same motivation as a driver prevent additional crimes from being discovered during the stop, thereby, bringing the threat of violence from the passenger. The Arizona Court of Appeals relied on two Arizona cases they felt set precedent in this case, State v Navarro and In re Ilono H. In Navarro, a shooting had taken place. A few hours later, police stopped a car near the sc ene of the shooting. One of the passengers met the description of the shooter. He was handcuffed then questioned by the police. After conversing ith the police, they removed the handcuffs and asked Navarro to go with an officer to the police station. Navarro agreed to go with the officer. He was allowed to sit, unrestrained, in the front seat with the officer. Navarro was not told he was free to go, nor did he express a desire to leave. At the police station, Navarro was left in the interrogation room unattended, while the officer went to buy him a drink. Navarro agreed to have his testimony taped, his photograph taken, and to be fingerprinted. Navarro signed consent forms and admitted he was aware of his Miranda rights. This led to the conviction of Navarro. Navarro argued the evidence was illegally obtained. Navarro argued the legal detention had evolved into an illegal arrest when he went with the officer to the station. The court held that Navarro was neither in custody, nor under arrest when he agreed to go to the police station because â€Å"under the circumstances, a reasonable, innocent person would have felt free to decline the officer’s request to accompany him for questioning downtown. † In Ilono H. , two policemen approached five people in a park who were known for drug activity. They were dressed in red, a color associated with gang activity. After talking with the individuals, officers conducted pat down searches of the youth because gang members often carry weapons. The pat-down revealed Ilono had a 40-ounce beer on him. He was arrested for illegal possession of alcohol. In a search incident to the arrest, cocaine was found in Ilono’s pocket. Ilono was convicted. On appeal to the Arizona Court of Appeals, the court determined that a Terry frisk is only allowed when the officer believes the person is, or will be in the near future, engaged in criminal activity. The court found that this was a consensual encounter, which an officer may initiate but it may be terminated at any point if the person so desires. The court held that the officers did not have a right to make an investigatory stop because they had no reasonable belief Ilono had committed or was committing a crime; therefore, the pat-down search was illegal in this consensual encounter. The two most recent Supreme Court cases setting important precedent in Arizona v Johnson is Knowles v Iowa and Brendlin v California. In Knowles v Iowa, Knowles was pulled over for speeding. In lieu of an arrest, the officer issued Knowles a citation. After issuing the citation, the officer searched the vehicle. He found marijuana along with a pipe and charged him with possession. The issue at hand was, considering the officer had not made an arrest, did he have the authority to conduct the search consistent with the Fourth Amendment? The Court said â€Å"no. † The issue at hand was not the subject referred to by the Court in Arizona v Johnson. The issue brought up was that the Court in that case stated â€Å"that officers who conduct ‘routine traffic stop[s]’ many ‘perform a pat-down of a driver and any passengers upon reasonable suspicion that they may be armed and dangerous. In Brendlin, the Court held that a passenger is seized, according to the Fourth Amendment, just as the driver is seized. On November 27, 2001 in Sutter County, California, Bruce Brendlin was a passenger in a vehicle pulled over for an expired registration. The officer had inquired about the registration earlier in the day while th e car was parked. He had been informed that the renewal was being processed and the temporary registration was displayed in the back window was legal. While addressing the driver, Karen Simeroth, the officer recognized Brendlin as one of the â€Å"Brendlin Brothers. † The officer was certain he was a parole violator. After verifying that indeed Brendlin was a parole violator, the officer called for backup, ordered Brendlin out of the car at gunpoint, and arrested him and the driver. In the search incident to arrest, the officer found a syringe cap on Brendlin, syringes and marijuana on Simeroth, and methamphetamine along with equipment used to manufacture the drug in the vehicle. Brendlin argued to suppress the evidence stating that he was unlawfully seized by the traffic stop because the officer did not have probable cause to make the stop. Brendlin was denied by the trial court as they stated Brendlin was not seized until the officer ordered him out of the car and therefore did not have the right to challenge the legality of the stop. The California Court of Appeals reversed the decision made by the trial court. This court found that Brendlin was seized by the traffic stop; however, they determined the traffic stop was illegal. The United States Supreme Court had to decide whether or not a passenger is seized, according to the Fourth Amendment, in a traffic stop. The Court used the analogy of â€Å"whether a reasonable person in Brendlin’s position when the car was stopped would have believed himself free to ‘terminate the encounter’ between the police and himself. † The Court held â€Å"We think that in these circumstances any reasonable passenger would have understood the police officers to be exercising control to the point that no one in the car was free to depart without police permission. The Court explained that a traffic stop limits the actions of the passenger just as it does the driver and that the officer initiating the traffic stop â€Å"acts with an implicit claim of right based on fault of some sort, and a sensible person would not expect a police officer to allow people to come and go freely. † Therefore, the Court concluded that the Brendlin was seized by t he traffic stop â€Å"despite the fact that he was merely a passenger and not the target of the stop itself,† consequently he did have the right to challenge if his Fourth Amendment rights had been violated. COURT’S RATIONALE Before Johnson, according to Terry v Ohio, law enforcement was allowed to detain a person briefly if they believed he is was in the process of committing a crime or had committed a crime. Additionally, if the officer believed the detainee was armed and dangerous, the officer was allowed to conduct a pat-down of the detainee’s outer clothing to ensure he had no weapons on him. The Arizona Court of Appeals interpreted the Terry ruling did not apply to a person involved in a consensual encounter if the officer did not believe criminal activity was occurring, even if they believed he was armed and dangerous. The question this court asked was Johnson â€Å"seized† when he was frisked or had the encounter turned into a consensual conversation? They did refer to the United States Supreme Court’s ruling in Brendlin v California that a passenger is â€Å"seized† during a traffic stop, however, they noted that the Court did not designate when the seizure ended. They reasoned that â€Å"common sense† would allow that there must be a point in time where the passengers in the vehicle are free to leave and that â€Å"their fate is not entirely tied to that of the driver. They further compared this case to In re Ilono H. and reasoned that since Johnson was engaging in conversation unrelated to the traffic stop with Officer Trevizo, it had evolved into a separate consensual encounter. The court emphasized that Officer Trevizo believed Johnson was free to terminate the encounter at any time. The court also compared Johnson to Navarro. They determined Navarro had been subj ect to a greater level of coercion that Johnson had been and that the reasonable person in Johnson’s position would have believed he was free to stay in the vehicle. Furthermore, since Officer Trevizo had no suspicion that Johnson was involved in criminal activity, she had no right to frisk him, even if she believed he was armed and dangerous. Since the court had determined the encounter was consensual, they held that the evidence found should be suppressed. Judge Philip Espinosa dissented stating that the majority had placed police in greater danger. Judge Espinosa pointed out the language of Ilono H. stated a pat-down search should rely on the legality of the original stop and that in this case the original stop was legal. He also pointed out that Arizona courts had long acknowledged the right of an Arizona officer to conduct pat-down searches when he has a â€Å"reasonable concern for his safety. † Since Officer Trevizo did have a concern for her safety and the stop was legal, the dissent concluded the search was lawful and the evidence should not be suppressed. In a unanimous opinion written by Justice Ginsburg, the Court established that an officer may pat-down a passenger in a vehicle during the course of a traffic stop if the officer has an articulable suspicion to believe that person is armed and dangerous. ANALYSIS The Fourth Amendment is critical when it comes to protecting the rights of individuals from unreasonable seizures and searches. Johnson’s case required the Court to set a balance between these rights and the safety of law enforcement. The Supreme Court had already made exceptions to warrantless searches in Terry v Ohio. This Johnson decision expanded the Terry rule of †stop and frisk† to traffic stops. The Court reasoned that traffic stops indicate to a reasonable passenger that he is â€Å"seized† along with the passenger for the duration of the stop. Additionally, the Court noted that traffic stops are â€Å"fraught with danger to police officers. Unlike Terry, however, no longer do police need to believe the detainee is engaged in or has been engaged in criminal activity, they just need to â€Å"reasonably suspect† the person subjected to the pat-down is armed and dangerous. Conclusion The significance of this holding is that it increased officer safety by allowing them to pat-down a person, â€Å"seized† by a traffic stop (be it driver or passenger), provided the stop is legal and the officer has a reasonable suspicion that the person may be armed and dangerous. The Supreme Court has always faced the challenging job: balancing individual liberties with need for law and order. Fourth street advocates state this is another nail in the coffin of our Fourth Amendment rights. As with any expansion of police authority, there is always the chance of abuse of power. It is possible some police will abuse this power, using pat-downs during routine traffic stops in the hopes of turning a speeding ticket into something more interesting. Could Johnson eventually apply to any person the police may confront and/or detain? Pat-down searches are intrusive, humiliating, and embarrassing. Does this give law enforcement to pat-down anyone, anywhere under the disguise of officer safety? Will this lead to targeting and profiling? Will police be able to ignore the plastic baggie found while searching for weapons? Furthermore, will this prevent individuals from voluntarily interacting with police, knowing they may be frisked? Time will tell. On the other hand, officer safety is paramount. Not allowing officers to search occupants, within the context of a traffic stop, for weapons when there may be a threat to their safety would cripple their ability to perform their job effectively. Johnson was fresh out of prison, wearing gang colors, and carrying a police scanner. Even to an untrained civilian, it would seem common sense to frisk Johnson. In this case, highly trained Officer Trevizo took the chance that the evidence may have been suppressed, but that chance may have saved her life as well as the other officers. If Johnson had been allowed to leave the scene with the weapon, other lives were in jeopardy. The fact that the everyday law abiding citizen may face an intrusive pat-down seems a small price to pay for protecting the law enforcement that are sworn to protect and serve. The bottom line is the Supreme Court unanimously decided that officer safety comes first. It is what it is. 1 ]. State v Johnson, 170 3d 667, 668,674 (Ariz. Ct. App, 2007). [ 2 ]. Id. [ 3 ]. Id. at 669. [ 4 ]. Id. [ 5 ]. Id. at 668. [ 6 ]. Id. at 671. [ 7 ]. Id. [ 8 ]. Bill of Rights Amendment IV, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particul arly describing the place to be searched, and the persons or things to be seized. [ 9 ]. Terry v Ohio, 392 U. S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). The court held that an officer is justified in conducting a limited search of persons whom he suspects may be armed and dangerous in order to discover any weapons which might be used to assault him or others nearby, even if they have no suspicion that the passenger has committed any crime. [ 10 ]. Id. at 667. [ 11 ]. Johnson, 170 P. 3d at 669. [ 12 ]. Id. [ 13 ]. Johnson, 170 P. 3d at 667 (quoting Terry v Ohio, 392 U. S. 1, 30 (1968)). [ 14 ]. Arizona v Johnson, 128 S. Ct. 339, 172 L. Ed. 2d 14 (2008). [ 15 ]. Id. [ 16 ]. Id. [ 17 ]. Id. [ 18 ]. Johnson, 170 P. 3d at 668. [ 19 ]. Id. [ 20 ]. Id. [ 21 ]. Joint Appendix at 29, Johnson, 128 S. Ct. 2961 (No. 07-1122). [ 22 ]. Joint Appendix at 14. [ 23 ]. Id. at 15. [ 24 ]. Id. at 31. [ 25 ]. Id. at 42-43. [ 26 ]. Id. [ 27 ]. Id. at 12. [ 28 ]. Id. at 17. [ 29 ]. Id. at 16. [ 30 ]. Johnson, 170 P. 3d at 667, 669. [ 31 ]. Id. [ 32 ]. Joint Appendix at 19, Johnson, 128 S. Ct. 2961 (No. 07-1122). [ 33 ]. Id. [ 34 ]. Johnson, 170 P. 3d at 669. [ 35 ]. Joint Appendix at 10, Johnson, 128 S. Ct. 2961 (No. 07-1122). [ 36 ]. Id. at 29. [ 37 ]. Id. at 20. [ 38 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 669-670. [ 39 ]. Id. [ 40 ]. Id. at 669-670. [ 41 ]. Id. [ 42 ]. Id. at 668. [ 43 ]. Id. [ 44 ]. Id. at 671. [ 45 ]. Id. at 673. 46 ]. Id. [ 47 ]. Terry v Ohio, 392 U. S. 1 (1968). [ 48 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 671. [ 49 ]. Ilono H. , 210 Ariz. 473, P2, 113 P. 3d at 697. [ 50 ]. Id. at P12. [ 51 ]. Brendlin v California, U. S. 127 S. Ct. 2400, 2410, 168 L. Ed. 2d 132 (2007). [ 52 ]. Id. [ 53 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 671. [ 54 ]. United States v Hernandez, 93 F. 3d 1493, 1498 (10th Cir. 1996). [ 55 ]. United States v Werking, 915 F. 2d 1404, 1408-09 (10th Cir. 1990). [ 56 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 671. [ 57 ]. Id. [ 58 ]. Hernandez, 93 F. 3d at 1498. [ 59 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 672. [ 60 ]. Id. 61 ]. Id. [ 62 ]. State v Navarro, 201 Ariz. 272, 34 P. 3d 971 (App. 2001). [ 63 ]. Id. [ 64 ]. Id. [ 65 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 672. [ 66 ]. Id. [ 67 ]. Johnson, 217 Ariz. 60, 170 P. 3d at 672. [ 68 ]. Id. [ 69 ]. Ilono H. , 210 Ariz. 473, P2, 113 P. 3d at 697. This was a consensual encounter, not a traffic stop between a juvenile and an officer. [ 70 ]. State v Riley, 196 Ariz. 40, P16, 992 P. 2d 1135, 1140 (App. 1999). [ 71 ]. State v Valle, 196 Ariz. 324, P9, 996 P. 2d 125, 128 (App. 2000). [ 72 ]. Adams v Williams, 407 U. S. 143, 146, 92 S. Ct. 1921, 1923, 32 L. Ed. 2d 612 (1972). [ 73 ]. Johnson, 217 Ariz. 0, 170 P. 3d at 672. [ 74 ]. State v Johnson, 2007 Ariz. LEXIS 154 (Ariz. Nov. 29, 2007). [ 75 ] . Arizona v Johnson, 128 S. Ct. 2961, 171 L. Ed. 2d 884, 2008 U. S. LEXIS 5208, 76 U. S. L. W. 3673 (U. S. 2008). [ 76 ]. Arizona v Johnson, 129 S. Ct. 781, 172 L. Ed. 2d 694, 2009 U. S. LEXIS 868, 21 Fla. L. Weekly Fed. S 620 (U. s. 2009). [ 77 ]. Terry v Ohio, 392 U. S. 1 (1968). [ 78 ]. Id. at 24. [ 79 ]. Id. at 23-24, 27, 30-31. [ 80 ]. Berkemer v McCarty, 468, U. S. 420, 439, n. 29, 104 S. Ct. 3138, 82 L. Ed 2d 317 [ 81 ]. Michigan v Long, 463 U. S. 1032, 1047, 103 S. Ct. 3469, 77 L. Ed 2d 1204. [ 82 ]. Maryland v Wilson, 519 U. S. 408, 414, 117 S. Ct. 882, 137 L. Ed 2d 41. [ 83 ]. Pennsylvania v Mimms, 434 U. S. 106, 98 S. Ct. 330, 54 L. Ed. 2d, 331. [ 84 ]. Id. at 111. [ 85 ]. Id. at 110-111. [ 86 ]. Terry v Ohio, 434 U. S. , at 112. [ 87 ]. Pennsylvania v Mimms, 434 U. S. 106 [ 88 ]. Johnson 129 S. Ct. 781, at 698. [ 89 ]. Id. [ 90 ]. Brendlin, 551 U. S. , at 257. [ 91 ]. Johnson 129 S. Ct. 781, at 698. [ 92 ]. U. S. Constitution – Amendment 4. [ 93 ]. Carroll v United States, 267 U. S. 132 (1925). [ 94 ]. Id. at 160. [ 95 ]. Id. at 132. [ 96 ]. Id. at 158. [ 97 ]. Id. at 150-53. [ 98 ]. Id. at 153. [ 99 ]. Id. [ 100 ]. Terry, 392 U. S. at 16. 101 ]. Id. at 4-7. [ 102 ]. Terry, 392 U. S. at 2. [ 103 ]. Id. at 16-20. [ 104 ]. Id. at 24. [ 105 ]. U. S. Constitution – Fourth Amendment. [ 106 ]. lectlaw. com. [ 107 ]. Dumbra v. United States, 268 U. S. 435, 439 , 441 (1925). [ 108 ]. Id. at 16. [ 109 ]. Id. [ 110 ]. Id. at 20-27. [ 111 ]. Id. at 20. [ 112 ]. Id. [ 113 ]. United States v Mendenh all, 446 U. S. 544, 545 (1980). [ 114 ]. Id. at 554. [ 115 ]. Id. at 547-49. [ 116 ]. Id. [ 117 ]. Id. at 555. [ 118 ]. Id. [ 119 ]. Id. at 544. [ 120 ]. Id. at 554. [ 121 ]. Pennsylvania v Mimms, 434 U. S. at 106, 98 S. Ct. 330, 54 L. Ed. 2d 331 (1977). [ 122 ]. Id. [ 123 ]. Id. [ 124 ]. Id. [ 125 ]. Id. [ 126 ]. Id. [ 127 ]. Id. [ 128 ]. Id. [ 129 ]. Id at 106, 108. [ 130 ]. Id. [ 131 ]. Id. [ 132 ]. Id. [ 133 ]. Id. [ 134 ]. Id. at 106, 112 (quoting Terry, 392 U. S. , at 21-22). [ 135 ]. Mimms 434, U. S. 106, at 112. [ 136 ]. Id. at 111. [ 137 ]. Id. [ 138 ]. Maryland v Wilson, 519 U. S. 408 (1997). [ 139 ]. Id. [ 140 ]. Id. [ 141 ]. Id. [ 142 ]. Id. [ 143 ]. Id. [ 144 ]. Maryland v Wilson, 519 U. S. , 408 (1997). [ 145 ]. Id. at 414. [ 146 ]. State v Navarro, 34 P. 3d 971 (Ariz. Ct. App. 2001). [ 147 ]. In re Ilono H. , 113 P. 3d 696 (Ariz Ct. App. 2005). [ 148 ]. Navarro, 34 P. d at 971, 973. [ 149 ]. Id. [ 150 ]. Id. [ 151 ]. Id. [ 152 ]. Id. [ 153 ]. Id. [ 154 ]. Id. at 973-974. [ 155 ]. Id. at 972. [ 156 ]. Id. at 974. [ 157 ]. Id. at 974-975. [ 158 ]. Id. [ 159 ]. Id. [ 160 ]. Ilono H. , 113 P. 3d at 697. [ 161 ]. Id. [ 162 ]. Id. [ 163 ]. Id. [ 164 ]. Id. [ 165 ]. Id. [ 166 ]. Id. [ 167 ]. Id. at 700-701. [ 168 ]. Knowles v Iowa, 52 5 U. S. 113, 117–18 (1998). [ 169 ]. Brendlin v. California, 127 S. Ct. 2400, 2410 (2007). [ 170 ]. Knowles v Iowa, 525 U. S. at 114. [ 171 ]. Idat 113. [ 172 ]. Id. at 118. [ 173 ]. Brendlin, 127 S. Ct. at 2403. [ 174 ]. Id. at 2404. [ 175 ]. Id. [ 176 ]. Id. 177 ]. Id. [ 178 ]. Id. [ 179 ]. Id. [ 180 ]. Id. [ 181 ]. Id. at 2404-05. [ 182 ]. Id. at 2405-06 (quoting Florida v Bostick, 501 U. S. 429, 435-36 (1991)). [ 183 ]. Id. at 2406-07. [ 184 ]. Id. at 2407. [ 185 ]. Id. at 2410. [ 186 ]. Terry, 392 U. S. at 2. [ 187 ]. Johnson, 170 P. 3d at 671. [ 188 ]. Brendlin, 551 U. S. at 262. [ 189 ]. Johnson, 170 P. 3d at 671. [ 190 ]. Id. [ 191 ]. Id. at 672. [ 192 ]. Id. [ 193 ]. Id. at 673. [ 194 ]. Id. [ 195 ]. Id. at 674. [ 196 ]. Id. at 674 (Espinosa, J. , dissenting). [ 197 ]. Id. [ 198 ]. Id. (quoting State v Riley, 992 P. 2d 1135, 1140 (Ariz. Ct. App. 1999)). [ 199 ]. Id.

Simile, Metaphor, Personification, Hyperbole with Examples Essays

Simile, Metaphor, Personification, Hyperbole with Examples Essays Simile, Metaphor, Personification, Hyperbole with Examples Paper Simile, Metaphor, Personification, Hyperbole with Examples Paper Essay Topic: Poetry Simile a comparison using like or as Personification giving human qualities to animals or objects Metaphor Time is money. Hyperbole extreme exaggeration Metaphor comparison not using the word like or as Personification The sun played hide and seek with the clouds. Simile She is as sweet as pie. Personification The stars in the sky blinked and winked. Metaphor She froze with fear. Hyperbole Im starving. Metaphor She has a bubbly personality. Hyperbole Hes driving me crazy. Simile The street felt as hot as the surface of the sun. Simile This pudding is as smooth as silk. Personification The leaves on the ground danced in the wind. Hyperbole Ill just die if I dont go to the party. Simile It flew as high as a kite. Metaphor The internet is the information super highway. Personification The teapot sang as the water boiled. Hyperbole You snore louder than a freight train.

The Classical Definition of a Tyrant

The Classical Definition of a Tyrant A tyrant- also known as a basileus or king- in ancient Greece meant something different from our modern concept of a  tyrant as simply a cruel and oppressive despot. A tyrant was little more than an autocrat or leader who had overturned an existing regime of a Greek polis and was, therefore, an illegitimate ruler, a usurper. They even had some measure of popular support, according to Aristotle. Before Turannoi Were Tyrants: Rethinking a Chapter of Early Greek History, by Greg Anderson, suggests that because of this confusion with modern tyranny, the perfectly good Greek word should be removed from scholarship on early Greece. Peisistratus (Pisistratus) was one of the most famous of the Athenian tyrants. It was after the fall of the sons of Peisistratus that Cleisthenes and democracy came to Athens. Aristotle and Tyrants In his article, The First Tyrants in Greece, Robert Drews paraphrases Aristotle as saying that the tyrant was a degenerate type of monarch who came to power because of how insufferable the aristocracy was. The people of the demos, fed up, found a tyrant to champion them. Drews adds that the tyrant himself had to be ambitious, possessing the Greek concept of philotimia, which he describes as ​the  desire for power and prestige. This quality is also common to the modern version of the self-serving tyrant. Tyrants were sometimes preferred to aristocrats and kings. The article, ÃŽ ¤Ã Ã ÃŽ ±ÃŽ ½ÃŽ ½ÃŽ ¿Ãâ€š. The Semantics of a Political Concept from Archilochus to Aristotle, by Victor Parker says the first use of the term tyrant comes from the mid-seventh century B.C., and the first negative use of the term, about a half-century later or perhaps as late as the second quarter of the sixth. Kings vs. Tyrants A tyrant could also be a leader who ruled without having inherited the throne; thus, Oedipus marries Jocasta to become tyrant of Thebes, but in reality, he is the legitimate heir to the throne: the king (basileus). Parker says the use of tyrannos is common to a  tragedy in preference to basileus, generally synonymously, but sometimes negatively. Sophocles writes that hubris begets a tyrant or tyranny begets hubris. Parker adds that for Herodotus, the term tyrant and basileus are applied to the same individuals, although Thucydides (and Xenophon, on the whole) distinguishes them along the same lines of legitimacy as we do. Greg Anderson argues that before the 6th century there was no difference between the tyrannos or tyrant and the legitimate oligarchic ruler, both aiming to dominate but not subvert the existing government. He says that the construct of the age of tyrant was a figment of the late archaic imagination. Sources Before Turannoi Were Tyrants: Rethinking a Chapter of Early Greek History, by Greg Anderson; Classical Antiquity, (2005), pp. 173-222. The First Tyrants in Greece, by Robert Drews; Historia: Zeitschrift fà ¼r Alte Geschichte, Bd. 21, H. 2 (2nd Qtr., 1972), pp. 129-14 ÃŽ ¤Ã Ã ÃŽ ±ÃŽ ½ÃŽ ½ÃŽ ¿Ãâ€š. The Semantics of a Political Concept from Archilochus to Aristotle, by Victor Parker; Hermes, 126. Bd., H. 2 (1998), pp. 145-172.

Lack of Health Care for the Working Class Research Paper

Lack of Health Care for the Working Class - Research Paper Example However, despite dramatic increases in expenditures, inequities exist within the Medicaid system that limit distribution of health care resources and affect health outcomes. Employer-sponsored, private health insurance coverage has declined gradually since the late 1970s (Jacobson and Buchmueller, 2007). In 2010, the number of uninsured Americans approached 49.9 million (U.S. Census Bureau, 2010a). Two major trends are driving the decline: First, changes in the labor market, including the decline in manufacturing jobs, the increase in service-jobs, and the growth in temporary and part-time employment have produced more "benefit-poor" occupations. Second, declining real wages, combined with employer moves to shift rising health care costs onto employees via increased premiums, deductibles and copayments, has reduced the numbers of employees who can afford health care coverage and the extent of that coverage (Swartz, 2009). Working class and women are especially vulnerable to lack of access to employer-sponsored coverage, given the structure of private health care insurance. In the United States, individuals generally qualify for employer-sponsored health insurance plans in one of two ways; as workers in occupations where health insurance benefits are offered to employees, or as dependents or spouses of covered workers (Kim & Muntaner, 2011; Buchmeuller and Valletta 1999). Direct coverage, as workers, is now and has been limited for working class and women due to their historic and continuing concentration in the secondary sector of the labor market. That is, lower working class and women are more likely than others to be employed in the kinds of occupations that are becoming more prevalent and that are less likely to offer coverage; i.e. service jobs, non-unionized jobs, and part-time and temporary work. Indirect, or spousal coverage, though limited to women legally wed to men whose employers offer th e benefit, provides

Quotes about education Assignment Example | Topics and Well Written Essays - 250 words

Quotes about education - Assignment Example A higher education blesses a person with techniques and tactics that can be effectively utilized to deal with the daily life agenda in a much efficient way, even if it involves stealing. The minor act of stealing from a freight car without education can be improvised into obtaining a legal hold on the entire railroad with education in addition to acquiring a stronghold in foreign policy. So the importance of education cannot be better emphasized than this quote. The author was a lawyer and a politician by profession and therefore was in a better position to understand the significance of formal education. The author, Ralph Waldo Emerson, lies due importance on the self-esteem of the pupil; this self-esteem plays a pivotal role for a student’s power of grasping the essence of education. Respecting the student provides him/ her with a self-confidence and motivation which drives them towards better accomplishment of study goals and objectives. A person who is drowning in self-pity and underestimation can never reach the aptitude required for a bright career. The author specialized in Western

Internship paper in Tadwul stcks exchamge market Research

Internship in Tadwul stcks exchamge market - Research Paper Example hat life is really like within the stock exchange, and the possible career options that are available should one choose to continue on their current path. Typically, students are paired with other working professionals within the organisation that help mentor and guide, as well as teach some of the inner-workings of the exchange itself. It is certainly designed to be an enriching part of the student career, and one which serves to further encapsulate the theoretical knowledge that has already been covered in a classroom setting. Currently, the Tadawul Stock Exchange is the only stock exchange operating in the Kingdom of Saudi Arabia. The Capital Market Authority of the country is responsibility for supervising all trading and investment activities associated with the Stock Exchange itself. The highest points achieved by the Tadawul All-Share Index was 20,634.86 reached back in February in 2006. As of the current moment, the Tadawul exchange publicly trades 156 companies from 11am to 3:30pm according the Islamic work week of Sunday to Thursday. The public trading of companies on the Saudi Stock Exchange actually began in the early 1980s, but Tadawul officially began trading on January 26, 1994 and has grown at a fairly steady rate during that entire time. The exchange itself was previously regulated by a Committee of Ministers within the country that was made up of the Ministry of Finance and National Economy, the Ministry of Commerce and Industry, and the Saudi Arabian Monetary Agency (SAMA). The Saudi Arab ian Monetary Agency was actually the group within the government that was tasked with the responsibility of regulating and monitoring various market activities associated with the public trading of companies until the actual CMA was formally created and implemented back in July 2003 (Almahmoud 2014). This was made possible under the prevailing Capital Market Law at that time, and it was also during this period that the CMA officially became the

Position Paper Essay Example | Topics and Well Written Essays - 750 words - 2

Position Paper - Essay Example FedEx is currently amongst the top courier service providers of the world and is growing in terms of revenue generation, market share and penetration in new markets. However there are possible chances of slowing the success path of FedEx. As FedEx is too much dependent upon US market so therefore chances of slowing down is possible moreover the current situation of the world is one another reason to add in this regard. Similarly besides these issues the company has very much scope in terms of generating more income by expanding and reaching new markets. One possible opportunity is in the Asian market. As currently many Asian countries are growing. So they rely too much on imports and exports therefore FedEx has a great opportunity in reaching and capturing those markets by using experience and brand name. Another important development in terms of revenue generation is online shopping. If FedEx is likely to hold its growth online shopping should be dealt with utter care. New plans should be formulated, techniques should be devised as online shopping is likely to change shopping trends in most of the developing countries. Different schemes should be launched so that masses can be attracted. Furthermore the role of competitors new and old will always be a threat for FedEx. In most cases new companies have nothing to lose so they usually lower their price in order to gain market share. Therefore FedEx should try to offer competing prices in order to wipe out these companies from challenging FedEx. This can be done with ease as FedEx has enough revenue to hold market and to lower prices as well. The future of FedEx is split between opportunities and threats. Therefore the role of management will be crucial because proper planning can give FedEx billions and one wrong step can lead them towards catastrophic

Development of Morality Essay Example | Topics and Well Written Essays - 250 words

Development of Morality - Essay Example The principles in turn direct thoughts and actions, and facilitate individuals to make decisions about what is worthwhile and valuable. Some of the values shared by most individuals and societies, and are the pointing factors towards well developed moralities, include self respect and respect for others, honesty, fairness, an appreciation of the company of others and concern for the common good (Turiel, 1983). Researchers emphasize the role of guilt, an agitation based emotion, in suppressing immoral drives. They have shown that encouraging and rewarding socially accepted behavior motivates individuals to participate in moral acts. Behavioral theorists assert that moral judgment can be narrowed down to immediate, instinctive, emotional responses presented by moral dilemmas (Freud, 1962). Children’s interaction with adults influences their development of moral understanding and behavior. Adults may help promote moral development in children by consistently drawing the children’s attention towards the effects of their wrong doing on others (Turiel, 1983). They can also give children reminders about rules guiding their conducts in different environments, and most importantly, teaching through example by being role models (Turiel,

Paper on Microbiological Issue Essay Example | Topics and Well Written Essays - 500 words

Paper on Microbiological Issue - Essay Example If any product is found unsafe for consumption, it has to be identified before it causes any damage. The exporters of that particular product must be identified and an appropriate action must be taken in order to ensure the safety of the consumers. This whole task becomes very difficult as there is a lack of communication between the authorities testing the food and he exporters of such food materials. "By proactively sharing information on contaminant and disease outbreak incidents, authorities may allow other countries to detect and respond to issues quicker and more effectively. The International Food Safety Authorities Network (INFOSAN) and Food Safety Emergency Network is a recent initiative of the World Health Organization that will facilitate information exchange and may enhance the control of international food safety incidents. "(Background, 13 March 2009). Most of these authorities are conservative and allow no scope for breach of their laws, it is extremely important in or der to ensure the satisfaction and good health of the consumers. When this topic is being discussed simultaneously in many countries, it becomes a boon in more ways than one. The regulatory authorities can establish standard norms when it comes to food safety and every country involved in this can chip in with their contribution.

Development of Morality Essay Example | Topics and Well Written Essays - 250 words

Development of Morality - Essay Example The principles in turn direct thoughts and actions, and facilitate individuals to make decisions about what is worthwhile and valuable. Some of the values shared by most individuals and societies, and are the pointing factors towards well developed moralities, include self respect and respect for others, honesty, fairness, an appreciation of the company of others and concern for the common good (Turiel, 1983). Researchers emphasize the role of guilt, an agitation based emotion, in suppressing immoral drives. They have shown that encouraging and rewarding socially accepted behavior motivates individuals to participate in moral acts. Behavioral theorists assert that moral judgment can be narrowed down to immediate, instinctive, emotional responses presented by moral dilemmas (Freud, 1962). Children’s interaction with adults influences their development of moral understanding and behavior. Adults may help promote moral development in children by consistently drawing the children’s attention towards the effects of their wrong doing on others (Turiel, 1983). They can also give children reminders about rules guiding their conducts in different environments, and most importantly, teaching through example by being role models (Turiel,

Medical report Case Study Example | Topics and Well Written Essays - 1500 words

Medical report - Case Study Example Medical report These resolved with courses of ciprofloxacin. Patient also reports chronic knee pain previously diagnosed as osteoarthritis. He uses acetaminophen for mild pain and ibuprofen with more significant pain and stiffness. He reports frequent symptoms of heartburn for which he uses Omeprazole intermittently. He has problems with insomnia since the death of this wife and uses Zolpidem occasionally (1-2 times per week).   Surgical History: Appendectomy at age 35   Family History: RJ is a widower who lives alone in a house that he owns. His wife died 3 years ago from lung cancer attributed to a 40 pack-year smoking history. One sister (age 63) is alive and has diabetes. Both parents are deceased. Father died in an automobile accident at age 68; mother died of breast cancer at age 54.   Social History: RJ has a 60 pack-year smoking history. He has smoked 1.5 to 2 packs per day for 35 years. He reports that he currently smokes 1 to 1.5 packs per day. Patient indicates that he has thought about stopping smoking but feels that there is too much stress right now for him to attempt it. He reports moderate alcohol use (glass of wine 3-4 times a week). He has one adult son (age 30) who is in good health and lives 2 hours away. Results of Pertinent Laboratory Tests, Serum Drug Concentrations, and Diagnostic Tests: Note lab numbers in parentheses are listed to highlight that a lab value may be represented in different units. Numbers in parentheses should correspond with the adjacent number for a lab value. For example, please note normal BUN is 10aâ‚ ¬Ã¢â‚¬Å"20 milligrams per deciliter (mg/dL) or 3.6-7.1 millimoles per liter (mmol/L)   Na (sodium)135   K (potassium) 4   Cl (chloride)104   HCO3 23   Glucose 6.6 (119) BUN 4.6 (13)   Cr (Creatinine)123.8 (1.4) Hct (Hematocrit)0.42 (42) Hgb 136 (Hemoglobin)(13.6) Liver Function Panel:   AST 1.0 (60)   ALT 1.1 (64)   Alk Phos 2.5 (150)   GGT 70 (70)   LDH 3.2 (190)   T Bili 13.7 (0.8)   Spirometry: FEV1 2.5 L, Predicted 3.5 L   FVC 4 L, Predicted 4.2 L   Post Bronchodilator: FEV1 2.7 L   FVC 4.1 L   ABG: pH 7.36, pO2 8.6 (65), pCO2 6.0 (45), Bicarbonate 22, O2 sat 93%   Chest radiograph: consistent with COPD; mildly increased A/P diameter, flattening of diaphragms, diffuse scarring noted bilaterally; no evidenc e of acute infectious or malignant process   Drug/Non-Drug Plan for INSOMNIA related to depression: This patient has many other medical conditions that have much greater importance regarding his well being but

Tobacco Targeting Children Essay Example for Free

Tobacco Targeting Children Essay Tobacco is one of the main products that affect our children today. Companies that distribute these products do not think about who is getting affected by their product, but think about the profit they will make from selling their product. Big companies like Philip Morris who sell Marlboro, Basic, Virginia Slim and many other types of tobacco target young adults. Gene Emery quoted the amount spent on tobacco advertising is targeting youngsters. Some points Gene Emery presents are quiet different than what I believe. From working at my previous store that I owned in Sacramento, during these eight years, I didnt recognize some of the points Gene Emery brings out. Gene Emery suggests that they found the amount spent to advertise three brands popular with young people- Camel, Marlboro and Newport- in youth-oriented magazines increased immediately. The first point I would like to point out is that Gene Emery targets young people and also said that brands for adult-oriented products like Basic, Winston or Virginia Slims spend less money on advertising because they target only adults. He says that certain products are for young people while some are for adults. The way he presented his idea was false because from my past experience, I have realized that Newport cigarettes targets African Americans, Marlboro targets originally Asians, Camel cigarettes targets construction workers, Virginia Slim targets women and Basic targets the less fortunate who cant buy Marlboro. Dont get me wrong that I am defend the tobacco companies, I am actually against this. Philip Morris spend more money on ads for Marlboro than Basic because Marlboro is more popular and brings in more profit than Basic does. When we deal with children, we have to be cautious about everything we do. Some adults who smoke, do not realize that their children are getting affected by them. Gene Emery believes that the advertising is to blame. I am agreeing with him, but we should not also forget the family actions in front of their children. In order to prevent our children to smoke, we should start at home. The parents have a great responsibility to act right in front of their kids like put out the cigarette they see their child coming through the door or to try to even stop smoking. I was raised with a family that does not smoke. We are eight girls and one boy and still none of us smoke till now because my family knew how to act and set the perfect role model for us. I am trying to do the same thing for my two boys. I tell them that smoking is awful and it makes you sick and die and whenever they see somebody smoking they say that this person is stupid because he is hurting himself. The laws in this country protects our children; in order for oneself to buy any tobacco, they have to be 18 years of age or older. There is also an agreement to stop promoting cigarettes to children. This agreement was passed in 1998. Attached to this paper is the lawsuit to control tobacco companies. Also, attached to this paper is an article that differs the US laws with other country like Australia and Britain. In my country, the government supports tobacco companies. Ads are placed everywhere about tobaccos, places like TVs, radios, in the street, magazine covers and they also made candys for kids that looks like cigarettes. I believe that the American children are lucky to have such great laws to protect them and that anybody can sue them if something went wrong. Difficult as it may be for tobacco control advocates to demand accountability, tobacco control programs will not survive if the nongovernmental organizations that care about the program will not protect it. The preservation of the intent and spirit of these programs will not occur simply because an initiative is approved by the voters. This approval is a powerful force, but it must be used effectively by those who accept the responsibility for defending the public interest. Exercising oversight over the elected and appointed officials who had authority over the tobacco control program was even more challenging for the public health groups than getting the program enacted. In the years immediately following an election or legislative action to create a tobacco control program, the effort to keep the will of the voters before the Legislature is not difficult, since both the press and the public are likely to be paying attention. But voter approval is likely to become less obvious and thus less powerful over time, and tobacco control advocates need to seek ways to keep the public informed and involved on the tobacco issue. If advocates instead retreat to playing only the insider political game, they will probably fail. They must be willing to withstand and embrace the controversy that the tobacco industry and its allies will generate. Appendix B Important California Tobacco Control Events April 1977 Berkeley passes an indoor air ordinance. November 1978 Proposition 5 (statewide initiative covering clean indoor air and Research Accounts until 1996, passes. SB 493 sought to issues) is defeated. November 1980 Proposition 10 (statewide initiative covering clean indoor air issues) is defeated. December 1980 Californians for Nonsmokers Rights forms to pass local clean indoor air ordinances. November 1983 Proposition P (San Francisco referendum) is defeated; smoke-free workplace law remains on the books. November 1988 Proposition 99 (statewide initiative) passes.

Recommendations for Healthcare Worker Health and Safety

Recommendations for Healthcare Worker Health and Safety Liz Rushe Comprehensive plan and aims Outline the aims of the assignment and background details of the setting My name is Elizabeth Rushe, I am currently doing a healthcare QQI awards course, as part of my course work and assignments, and I have to do some work experience, in a nursing home setting, for sixty hours. I applied in Riada House in Tullamore Before I started my work experience, I had to apply in writing, for the work experience and sent in my cv along with my guards clearance and my insurance letter, two references, when I had all the paper work in order I had to set up a meeting with the manger, to meet with them and see, when I could start doing my work experience. I met with the manager her name was Geraldine, she was very nice and made me feel very welcome, and she asked me all about the course and asked did I like it. Geraldine said that they do have a lot of students doing work experience in the setting, we talked about when I would start and what I needed to wear, which was a black trouser and polo shirt. I asked her about the setting, she told me that there were 35 bedded units, consisting of 6 respite care and 29 long term care beds. The care team at Riada House aim to provide high quality, person centred care within a supportive, homely and welcoming environment. The care team aim to promote independence and residents choices. The rights and dignity of each resident will be respected at all times. I thanked Geraldine for her taking the time for meeting me and that I look forward, to starting my work experience there and that I would see her on the date that I was starting on, as I walked up the hall to the main door, any staff members that I met, they all smile and said hello, as I met them, which tell me that this is a nice place. Liz Rushe Occupational Health and Safety in the workplace Noise and sound HAZARDS As a healthcare assistant, working with noise and loud can cause stress for both patients and the healthcare assistant, especially on a long shift. Patients are not able to get a full night sleep, as they may have waked up shortly are falling asleep and too tried to get up the next day. As someone has the radio or television up a bit too high, or a staff member letting something fall in the middle of the night that might have made a loud noise. RISK Loud and distracting sounds and noises can interfere with the healthcare assistant duties, as this can distract them and not concentrate on the patient that they are attending, which puts the patient at risk. CONTROL MEASURES Make sure that all televisions and radio are turn off or turn down low after 8pm in the evening and that all the ward doors are closed to help aid a good night sleep.   That all staff are wearing low and comfortable footwear, (cushions souls). Liz Rushe Stress HAZARDS If the healthcare assistant is under or feeling stress in the workplace, this can cause physical and mental health problems and up set to them,   this can cause them to be distracted in their work and not having their minds fully on their job, this could result in putting the patient, other members of staff and them selves at risk. This   may lead to the healthcare assistant been absence for work, this can lead to more problems for the healthcare assistant, as they are out of work, they are not getting their full wages. RISKS The healthcare assistant can start to have problems, such as high blood pressure, skin problems (eczema, rash), the healthcare assistant can have disturbed sleep, which will affect them carry out their daily duties and this can affect their confidence in their work. The healthcare assistant can take to drugs, alcohol, or even develop an ulcer from worrying, which can also lead to hair loss or going grey. If the healthcare assistant is on any medical, or coming into work after taking drugs or alcohol, this could affect them in their work environment CONTROL MEASURES Taking up daily exercise, as getting out in the fresh air can help your mood; also as you are walking, they might find it can tell them to talk to another person about what is going on in their lives. Going to their manger and having a talk with them, might the only thing that they have to do to fit the problem, that they are having and if not it might be the first steps that they take to putting it right. Liz Rushe Diet, exercise and lifestyle HAZARDS Having a good lifestyle, might not always be a good thing, if we do not take any exercise at all, this could affect the healthcare assistant, in their daily work. Taking daily exercise is one of the key in fighting and preventing heart disease, depression and anxiety.   Going for a walk can help change your mood, after a bad day at work or just help clear your head, if anything was worry you, if they are getting it hard to focus on their job, which can lead to bad judgment. A well balance diet can help too, this can start feeling good on the inside, and this diet must contain, protein, carbohydrate, vitamins, mineral, salts and fibre, plus some fat. RISKS If something is wrong at work, this can affect the healthcare worker, judgement and choices that they made about each patient. If they are not concentrating on what they are doing, they can easily mix up mediation. By not taking exercise can be the cause of back pain, other injury, high blood pressure or high cholesterol, or type two diabetes, depression. CONTROL MEASURES Regular physical exercise is great; taking 20 30 minutes, three times a week will help improve our physical and mental health.   Reducing the risk of heart disease, high blood pressure, etc. having a well balance diet, can help us feel good, this also helps   our bladder and bowl keep in working order, penalty of roughage dose help. A few drink free nights together and giving up smoking will improve the healthcare worker chance of living long and fitter as well. Liz Rushe Dangerous chemicals, fumes and dust HAZARDS The healthcare assistant should always read the labels on all chemicals, before use, and never mix any chemicals together. All chemicals are dangerous and need to be treated with care, as the can catch fire or cause some long term health problems for the healthcare worker. If chemicals get on the skin, this may cause skin irritation, chest problems, as the fumes can be dangerous. RISKS The healthcare assistant could be out of work for a long time, due to inhaling fumes that have cause chest problems, or skin irritation. If not stored properly, some chemicals can catch fire, which could lead to someone getting buried. CONTROL MEASURES All chemicals must be labelled clearing, that everyone knows what the are and how to use them, store away in a locked and safe area or cupboard. Good housekeeping is always top of the list, as damp dusting, will help keep down dust that can lead to health problems. All ways wear PPE, gloves, mask, and apron when dealing with any chemicals. Never put any chemicals into minerals bottles at ant time. Liz Rushe Occupational related illness HAZARDS People and patients coughing or sneezing on you, passing their germs to you. It is important that healthcare assistants always follow policy and procedures, by wearing PPE, gloves, aprons etc. The healthcare worker should report anything that they see, that could cause a hazard, such as wet floor, this could cause someone to fall or slip, which could result in the person been injury. RISKS Bad house keeping can cause a risk, such as air borne bugs (dust), spills that occur, if not clean up straight away, can result in slipping or falling, which lead to that person been out of work (back injury). Steps could be highlighted for safety if in a dark area, also keep all hall ways clear of any equipment or boxes. CONTROL MEASURES If the   healthcare assistant is not trained in the right control measures, they should look to be trained, and it is important that the healthcare worker, maintain a good standard of house keeping, spraying door handles, hand rails, good hand washing, and report any defects that they see, on equipment, or in the wards. Liz Rushe Manual handing HAZARDS If the healthcare assistant is not trained probably in moving, or lifting patients in a hoist, this could result, in the healthcare assistant or patient getting hurt. Always use the slip sheet, instead of pulling the patient up the bed by hand. Not wearing the right footwear, can be a hazard, wearing non slip soles and comfortable can help been on your feet all day and reduce back injury. RISKS If the task needs two people, the healthcare assistant must not attempt, to do this by themselves, as this could result in the patient or the healthcare assistant getting hurt. Never lift by them as this could lead to the healthcare assistant been out of work, due to back injury, always using a hoist. CONTROL MEASURES The healthcare assistant must make sure before using any equipment, that it is in good working order and report it if needs attention and always be in the correct standing position before moving anyone. Make sure that before moving or changing the patient, that you have everything that is needed; it is too late half way through. The healthcare assistant must give themselves penalty of room in moving a patient and not wearing clothes that could restrict their movement. Liz Rushe Select one occupational related illness and give a detailed description of CAUSES Back injury is the most common injury in the healthcare sector, along with contacts with germs, falls, trips, and slips on wet floors. As the healthcare assistant goes about their daily duties, it is important for them to follow policy and procedures, to reduce the risk of injury to themselves or patients. By not using a hoist when lifting a patient into or out of a bed, chair or if need be into the toilet, there will be a pulling on the back. The healthcare assistant who does not take care, when picking up, putting down any such items as boxes, etc. Not using the slip sheet, when moving a patient up in the bed and pulling them up using their own arms. When making or changing a bed, the healthcare assistant must always raise the bed up to hip level, before starting this task, as this can reduce the risk of back injury. When showering a patient do not lift them, with another assistant, use a hoist to lift them into the shower bed or onto a chair to wheel them into the bathroom. When feeding a patient sit down beside them at their level and do not stand, bend down over them. When changing a patient in the bed, bending over the patient, can lead to back discomfort and after doing this for a length of time, will cause back injury. Liz Rushe Symptoms As the healthcare assistant goes about their daily duties, they may find that not using their manual handing properly   and lifting patients, with their arms   and pulling them up in the beds and chairs that now they are suffering with back pain and discomfort. They may feel tried and not able to do much around the house. This may start to affect the ability to do their normal work duties and affect their home life as well and if this is not look after, might lead to been out of work, for a long time. The healthcare assistant must watch out for things left out in hall ways, as they can fall over them and hurt their backs and walking into rooms, after been cleaned, as the floors might be still wet and they can slip and fall. As the healthcare assistant finds that the simple thing of rolling a patient over in the bed, can hurt them, as this could be the result of wear and tear over a period of time. This can also lead to the healthcare assistant to start getting pains in their, legs, arms and neck as the injury gets worst. The healthcare assistant may have to, leave work and go to the doctor, which could lead to been out of work for long periods of time. Liz Rushe Impact on the worker The impact on the healthcare assistant was out of work, due to wear and tear, or a fall, can have big effect on their lives. If they are out of work, they might not be able to do anything at home, such as hover, wash a floor or other basic things and this could start them feeling down in them selves. As they sit at home the healthcare assistant, could start to eat to much as that all they can do or turn away from food, as they get more and more depressed. Their sleep might be affect, which could lead to been up during the night and asleep all day, which could lead to the person been moody. Along with this, their wages might be affect, which will bring other problems with it, such as doctor bills, any medication that they might have to get, plus if they have to see a physiotherapy, this can start to add up and not been on full wages , can become expensive. This may cause the healthcare assistant to become stress and depress, as financial problems may start to arise.   As the healthcare assistant is at home, they might not see anyone until their family comes home, which this can be lonely on the person. They should try and get out for a walk every day even if they can not go very far, as they will meet someone along the way to talk to them. Liz Rushe Preventative measures It is the healthcare assistant responsibility to be trained fully in manual handing and if not go to the staff nurse or manger to request that this is done.   The healthcare assistant must always follow what they have been shown, through manual handing, as this dose prevent a lot of injury. The healthcare assistant must report any faults in the setting or any equipment that needs to be repaired. Suitable footwear can help, as been on your feet all day can affect your back. Put manual handing into use, by bending your knees when bending and lifting any boxes and always use correct stand, when moving a patient, use your legs to take some of the pressure. Regular exercise can help prevent, some back injury and getting patients who are able to move, to get them to do most of the moving themselves, where possible. Always use the hoist, when lifting or moving a patient to a chair, toilet, shower or bed and never lift anyone by yourself, always have someone with you to assess. When moving a patient up in the bed, always use a slip sheet and never pull a patient up with your arms. Bring the bed up to hip high, when changing the bed or a patient, as the healthcare assistant will not have to bend over, and there for reduce the pull to the assistant back area. When feeding a patient, sit down beside them at their level, so you do not have to bend over them or reach to them. Liz Rushe Recommendations One of my recommendations would be that all healthcare staff, trained in manual handing, before the start the job, and any up date training to be done, for all staff in the setting.   As lifting without a hoist can be dangerous, also that all staff that have anything to do with changing, feeding or looking after the patients. Follow policy and procedures correctly, as this can stop injury to the patient and healthcare assistant. I also recommendations that all staff and students shown how to steer, and walk slowly with a wheelchair, especially around corners. I recommend that all staff wear appropriate foot wear (cushion souls), as I think that this dose helps with back problems. All healthcare staff should their PPE personal protective equipment, gloves, aprons, masks, when dealing with any patients that soiled or any body fluids. For all staff to use the hand gel, as many times as they can during the day, as this is better than hand washing, in killing more germs. All nurses, healthcare assistants, cleaning staff to report anything that they find in the wards, hallways or other parts of the setting that is in need of repair, as this can cause an accident or maybe become a risk for someone. As good communication between staff and manger, is especially to keep everything running smoothly. Liz Rushe Assignment evaluation As part of my assignment, I had to go work experience, in a nursing home setting, as I started this course and doing my work experience, I have learned so much about policies and procedures, health and safety, that following them is very important. I have learned how much care and attention the patients need on a daily basic and this is given to them, by all the staff with kindness and respect. Staff must follow the health and safety policy and procedures, to ensure that everyone is working in safe environment. I have learned that all staff must do everything they can   to prevent the spread of infection and that staff that are dealing with patient of high risk are taking appropriate measures, such as hand washing, hand gel and wearing PPE at all times. When changing a bed, to have the laundry trolley beside the bed and not to bring the dirty sheets to the trolley, in another room.