Saturday, December 28, 2019

Ethnicity, Culture And Alcohol Analysis And Cultural...

Ethnicity, Culture and Alcohol Analysis and Cultural Competence in with Diverse Groups Introduction Attempting to treat individuals that have alcohol related issues requires a depth of knowledge and skill, specifically, when providing care to individuals of differentiating ethnic and cultural backgrounds. The National on Alcohol Abuse and Alcoholism (NIAAA) article discusses a multitude of resourceful information that is related to ethnicity, culture, and alcohol. Procuring detailed information that defines and discusses ethnicity, race, culture, cultural identification, ethnoculturally competence, and cultural competence provides a solid foundation for the beginner, intermediate, and expert clinician reading this material. This paper explores and offers an explanation of the author’s efforts to convey a clear, compelling and cogent message, the NIAAAs use of relevant sources to substantiate perspectives assumed, claims made and positions taken, and recommended strategies regarding suggested improvements to this article. The Three C’s The NIAAAs effort to convey a clear, compelling, and cogent message was received positively. Initially, the article has a lengthy informational background, complete with detail that gives a substantial overview discussing history and background information surrounding NIAAAs main objective. Practicing clinicians must have the capability to differentiate between race, ethnicity and culture, these terms will allow them the best opportunity toShow MoreRelatedA Cultural Competency Toolkit : Ten Grant Sites Share Lessons Learned ( 2001 ) Essay1264 Words   |  6 Pages Overall, the CLAS policy appears to be designed to address the needs of providing cultural competence to members of traditionally under-represented groups (e.g. African Americans, Hispanic Americans, homeless, etc.). The only recommendations that I would make would be that the policy provide clear guidelines on how to account for those who are of immigrant status for whom data may not be collected when assessing the effectiveness of the implementation of the standards. Also, thereRead MoreCreative Learning Through Cultural Competency3271 Words   |  14 Pagesfor Alcohol and Other Drug Use in a Culturally Competent Manner Background Schools of Nursing prepare their graduates to meet the needs of diverse patient populations by providing cultural competency education. An integral component in undergraduate education, cultural competency in nursing, supports patient-centered care addressing patients’ cultural differences, values, spiritual, ethnic, gender, and sexual orientation preferences. The goals of providing educational sessions on cultural diversityRead MoreThe Diversity Of The Health Care Organization1307 Words   |  6 Pagescontinuously throughout the world. People with a different race, color, ethnicity, educational status and others are everywhere around the world hence diversity in the health care is a crucial factor in terms of patient-centered care. 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Additionally, shown, is the culture of bothRead MoreThe Effects of Culture and Ethnicity on Tobacco Prevention and Cessation5317 Words   |  21 PagesCDC, 2007; CDC, 2010; Current Tobacco Use, 2011). Cultural competency - Definition Cultural competence describes the capability to have interaction successfully with individuals of various cultures, especially within the perspective of human resources, charitable not-for-profit agencies, and government departments whose staff work together with individuals from various cultural/ethnic backdrops (Martin and Vaughn, 2007). Cultural competence consists of 4 elements: (a) Understanding of ones

Thursday, December 19, 2019

Discrimination And Its Effects On Children - 1089 Words

What is discrimination? Discrimination is â€Å"unjust or prejudicial treatment of different categories of people or things.† People can be discriminated based on race, age, sex, etc. It dates back for centuries and has occurred in many different civilizations, and as the saying goes, history does repeat itself. Sadly, we can see discrimination in education towards students. Whether it is from the ethnicity or gender, students are being treated unjustly and unfairly. Effects vary from person to person but, it undoubtedly can cause damage to someone’s health. Discrimination towards students can be very detrimental to their mental and physical health. In the United States, public school systems are intended to provide free and equal education to all students. Sadly, this is rarely and sometimes not the case what so ever and the effects can vary from student to student. Many studies have been used in the calculation of the outcomes that students can go through when they are being treated unjustly in schools. There are many examples, of discrimination of genders. It is one of the most common of types of discrimination that occurs to students. My first source is from the McGraw-Hill Reader, Susan Jacoby’s When Bright Girls Decide that â€Å"Math is a Waste of Time†. Jacoby discusses the emotions of girls while they are taking harder courses and why some girls will avoid them all together. In the essay, Jacoby states that many girls feel that if they do take more challenging courses thenShow MoreRelatedGender Discrimination And Its Effects On Children s Behavior And Personality1508 Words   |  7 PagesMost people have either experienced or seen sexual discrimination in the learning environment. This is because schools are teaching sexism in classes through textbooks that do not give historical female figures enough credit for their accomplishments, dress codes that punish girls for their body’s at the risk of the male education, and gender stereotypes placed in schools that have a strong influence on children s behavior and personality. Some may argue against this claim by arguing that womenRead Mored1) Assess the possible effects of discrimination on the physical, intellectual, emotional and social health/wellbeing of individuals975 Words   |  4 Pagesï » ¿D1) Assess the possible effects of discrimination on the physical, intellectual, emotional and social health/wellbeing of individuals Discrimination occurs when someone is treated differently because of his socio-economic, physical, cultural and social background or his beliefs. In a social care environment this can be manifested in the form of labelling stereotyping or abusing an individual. Such practice will have negative effects on the physical, intellectual and emotional and social health/Read MoreIs It A Victim Of Persecution?1553 Words   |  7 Pagesfor information on him, which led them to find out that Nassr was gay. Nassr had two children whom the militia captured. The Mahdi militia tortured them in order to get information on Nassr. Finally they killed Nassr children. Now Nassr is living in Siria by himself and alone because of the intolerance his country had for gay people. Intolerance impacts multiple sectors of society with far-reaching effects on the gay community. Due to the amount of intolerance in society these days, the gayRead MoreEssay on The Harmful Effects Of Discrimination And Segregation534 Words   |  3 Pages Discrimination and Segregation have both had many harmful effects on society in the past and exist when individuals are treated unfairly because of their particular race, gender, age, ethnic group, physical disability, or religion. Discrimination and segregation both poison the atmosphere of trust that we need in order to live peacefully. In the video Separate but Equal;, there are many incidences to prove that racism, segregation, and discrimination all have negative effects. The three mostRead MoreIs It A Victim Of Persecution?1554 Words   |  7 Pagesfor information on him, which led them to find out that Nassr was gay. Nassr had two children whom the militia captured. The Mahdi militia tortured them in order to get information on Nassr. Finally they killed Nassr children. Now Nassr is living in Siria by himself and alone because of the intolerance his country had for gay people. Intolerance impacts multiple sectors of society with far-reaching effects on the gay community. Due to the amount of intolerance in society these days, the gayRead MoreEquality Diversity Inclusion1538 Words   |  7 Pagesdiversity, 2004). 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Prejudice and discrimination are linked, however they are different terms, prejudice comprises of preconceived negative thoughts or beliefs about individuals who belong to a particular group, whereas discrimination is bigoted behaviour or action that is motivated by unfair beliefs.   Both discrimination and prejudice can take a range of forms and can take place for a multitude of reasons and usually occursRead MoreSch 33 Equality and Inclusion in Health Essay1552 Words   |  7 Pagessuch as height, weight and skin colour, ability, personal experiences and personal attributes, such as beliefs, values and preferences Diversity contributes strength to a community but sadly it is often perceived as a problem. Is good to help children to see diversity in a positive way. And always remember that every child is Unique. Mean by Equality. Is about treating people fairly, regardless of their differences, by ensuring that they have access to the same life opportunities as everyoneRead MoreRacism And The Australian Human Rights Commission1626 Words   |  7 PagesRacism, wherever it occurs, has damaging effects. It can be defined as the belief that all members of each race possess characteristics or abilities, especially so as to distinguish it as inferior or superior to another race (Oxford dictionary). It can occur on individual, internal,or institutional levels, and it can be either subtle or obvious (Jones,2000). Research confirms that racism is still prevalent in today’s society, in 2013 the Australian Human Rights Commission received a 59 per cent increaseRead MoreEquality, Diversity and Inclusion in Work Children and Young People.773 Words   |  4 PagesTDA 2.4 Equality, diversity and inclusion in work children and young people. Unfortunately some children, at some point in their life will experience some form of discrimination. This could be anything from being called names because they wear glasses or being shunned in the playground because they aren’t wearing the latest fashion in coats or trainers. Sadly as children become young people this could also grow into discrimination due to their race, colour or even sexual preferences. Whatever

Wednesday, December 11, 2019

Litrature Review On Cross Cultural Management for Business

Question: Write about theLitrature Review On Cross Cultural Management for Business. Answer: Introduction In the past decades, there have been increased social interactions that have resulted in cultural diversity. The cultural diversity in many institutions causes different behaviors of employees calling for the need of cross-cultural management to enable each person in a society to accommodate the diverse cultural practices. The cross-cultural management is essential in the global leadership as it enables effective management of diverse people with diverse cultural behavior. This paper is a literature review of an article on the development of cross-cultural management to the global leadership with emphasis on the culture and business, culture and MNCs, and culture and communication. According to the article, cross-cultural management and global leadership are interrelated and have a long history. The article denotes that cross-cultural management arose simultaneously with organizations behavior and management back in the 1900s and not as a result of the World War II. The early works of cross culture management consisted of identification of the theories that were capable of relating and making cultures relevant to others. However, these theories lacked sophisticated approaches for difference exploration of cultures. From1960 to 1980, cross-cultural management focused on the study of organizational behavior and management systems of other countries apart from the United States that had cultural settings that were perceived as foreign. (Weber 2016).After the World War II, many organizations mainly from America moved across borders in search of a market for their products. These firms sent expatriates to the overseas countries to oversee the management of those for eign investments by training the local managers; however, the management was not easy as in the mother countries as a result of the effect of local cultures, political, business, and legal system. There was a need to extend the American management techniques by expatriates who had difficulty in adapting to the local cultures and assigning of the local employees led to global leadership. This led to an organizational restructuring of most of the multinational corporations from the multi-domestic, regional and matrix organizational structures, thus required expatriate to acquire more skills that enabled them efficiently operated in those foreign countries. This led to the development of Hofstedes cultural theory used by current global leaders. Cross-Cultural Management Cross-cultural management refers to the process of accommodating and controlling differences cultural practices in an organization to allow mutual understanding among employees of the different cultures. Multinational Corporations are companies that operate in some countries with all operations done from the home country. Such group companies are always subdivided into four main categories that are: multinational, decentralized corporation with the availability of stable home country (Molwa et al. 2013, p.10). The centralized global corporation that tends to acquire cheaper resources on the availability of support that is more cheaper thus international companies that develops Parent Corporations technology, and the transnational enterprise that applies the three approaches in their operation. Cross-cultural management entailed research on leadership related issues and categorized into uni-cultural, comparative, and intercultural. The uni-cultural emphasize on the organizational management within a single country, for example, the German organizations that have provided dynamic knowledge on country-specific and culture-specific leadership. The comparative emphasize on the comparison of two or more countries for example in Mexico, based on psychological and the sociological perspectives that employee the cultural theories and frameworks to explore the perspectives Turkey and India. Previous comparatives leadership studies indicate large differences in the leadership style and followers behavior between or among many cultures. For example, the collectivist cultures people are more like to follow a leader than individualistic cultures, and leaders in the high power distance are more authoritative than leaders from the low power distance. Finally the intercultural research entailed the study among many countries and focuses on how an individual from one successfully or unsuccessfully blend with cultural differences associated with management practices. All these categories utilize culture as the basis of the operations since there is always the availability of numerous employees with a diverse background. Cultural differences tend to affect organization trade behaviors, therefore, changing the international trade practices that are much far different with the parent country, therefore require proper cultural management since they are always faced with difficulty in decision making, marketing problems and safety issues. Cross-cultural management requires applications of various theories such as Hofstede's model that entails individualism/ collectivism, masculinity/feminist/ uncertainty/avoidance, and power distance (Garriott et al. 2017, p.306). The approach provides various reasons of cultural behavior of employees from a different background, for example, in power distance cultures; individuals are always in love for power and always feel very bad when giving orders by other people. An employee from countries such as Malaysia tends to show great deference to those that are on the higher ranks of authority, unlike that individual from the low culture embrace discussion across all levels of participation. The individualistic cultures such as from the United Kingdom, express independence of employees in completing tasks while the collectivist cultures such as China embraces a lot of group work. With all these, it is evidential that every multinational corporation requires varied ways of management to succeed and this can only be possible when the company strikes a balance in honoring all the cultures. The reasonable way of honoring all the cultures in a multinational corporation is to create a community culture across all the offices, various lines of communication and a social media group that will link all employees from different cultures into a common mission. Culture and Communication Globalization of leaders forces the introduction of cross-cultural communication. According to the article, cross culture communication is the effective way of an individual executes communication behaviors that negotiate with cultural identity in a cultural environment. Culture determines the type of language being spoken and therefore influences the communication ability and style of the people in particular countries. Culture shapes peoples ways of thinking, seeing interpreting, and hearing (Oili Dong 2016, p.408). The difference in languages of different people in the same organization makes communication to be challenging as each culture offers a different set of rules and codes. Global leadership intercultural communication requires the acquisition of various skills such as mindfulness, behavioral flexibility, cognitive flexibility, tolerance of ambiguity and cross-cultural empathy. Mindfulness refers to the thinking process that enables one to process new information, new categories, and multiple perspectives. It helps one to be mindful of the subjective assumptions, emotions, and cognition. Cognitive flexibility enables one to compare multiple perspectives and consider a variety of frameworks. Behavioral flexibility refers to the individual skill of executing behaviors while tolerance ambiguity is the affinity to recognize ambiguous circumstance as desirable. Intercultural communication is divided into various contexts such as high-context versus low context, sequential versus synchronic, and affective versus neutral. In High context cultures such as Arabs, Asians tend to live a lot of unspecified messages, and therefore, nonverbal cues are essential in between the lines of communication (Lewis 2017, p.298). On the other hand, the low context cultures such as Britain have explicit and specific messages .Sequential cultures such as the United States tend to think of the time and embrace time as a linear commodity that requires proper management. These cultures are always business people and tend to pay full attention to specific agendas before moving into another one. While others such as Europe and Asia, tend to view time synchronically, as a steady supply that needs to be experienced in a moment and as a force that needs to restriction. These cultures view the time flow as the cycle with the constant relation of the past, present, and the future thereby influence how people and organizations of such cultures approach investment, deadlines and strategic thinking. Every international business, have specific practices and emotions, that majorly depend on the affective or neutral aspects. The individuals from the affective culture such as the U.S tend to readily show emotions while individual from the neutral cultures such as Japan tends to keep of restrain their feelings. These create differences in communication in a mixture of such culture; as most of the time, people expect confirmation n feelings and cues during the discussion. For example, if the communication approach is highly emotional, then direct emotional responses such as I feel the same way is best while when the communication approach is highly neutral, then indirect responses such as I concur with your ideas are more appropriate. Cross-Cultural Management Theories Several theories have been developed to explain the cross culture and the management of cross-cultural organizations. Among those theories, include Fons Trompennars and Charles Hampden Turner. Both Fons Trompenaars and Charles Hampden Turner identified about seven value orientation and classified culture as a mix of conduct and value design. Among the seven values identified include neutral versus emotional universalism versus particularism, individualism versus communitarians, achievements versus ascription, diffuse versus specific cultures, human versus relationship and human-nature relationship. The monochromic and polychromic cultural theory insist that culture have different insights of time, and time is the essential base on which all religions repose and around and which all events rotate. The monochromic culture insists on doing one thing at a time while the polychromic culture embraces the method of doing things at the same time. The Schwarz model developed by Hosted accounts seven basis cultural values that are: conversion hierarchy, intellectual autonomy, harmony, competency, and egalitarian. Implementation of Cross-Cultural Management According to Etowa and Debs-Ivall (2017) the transfer of cross-cultural knowledge, the creation of collaborative atmosphere, intercultural learning, interactive translation, cross-cultural networking, and development of competence are the major task that needs focus on cross-cultural management. Employees cultural awareness can be improved through effective cross-cultural training offered by the organization.The training focuses on the foreign cultures to enable each employee embraces different cultures that are available in the organization hence help the employees to have a mutual understanding. Additionally, training reduces the time required for the employees to understand different cultures (Alexxander, Havercomea Mujtaba 2015, p.16). Effective cross-cultural management requires the recruitment team to be ken during the employee selection to minimize future organizational grievance that might arise from the employees. Strengths and Weakness of the Main Article The main article has numerous strengths such clear explanation origin of global leader, and impacts of cross-cultural communications impacts to the effectiveness of the expatriates, like the Thurnau conference in Germany 1998. However, the article is still not definite with the definition of global. The term still does not comprise together all the cultural differences that affect the management of the international business. Strengths and Weakness of Cross-Cultural Management in Global Leadership The major strength of cross-cultural management in global leadership is the capability to foster innovation. Team members from different background share ideas that are combined to come up with a betters strategy, product, or service (Etowa Debs 2017, p.280) .Additionally, cross-cultural management help leaders to improve on their cultural awareness that eventually makes them to effectively manage people from diverse backgrounds. However, there is no identification of weakness of cross-cultural management on the global leadership. Literature Review Conclusion According to the above discussion, culture has different definitions across the world with primary references to the common belief and behaviors of a particular group of people that make them distinctive. Globalization exposes leaders to different business to acquire different cultural practices that at times cross one another; because of diversified values and communication styles. Therefore, the difference calls the need for the cross-cultural management. Multinational corporations depend on the cultures to shape the methods and channels of communications, which is the core of the daily operations of such business. Different models and theories such as Hofstede's theories among others have been developed to help such multinational corporations in managing cultures. The theories help the managers to understand the basis of the cultural differences and how the to tackle any busbies constraint brought about by cultural diversity. The main article has several strengths regarding the cross-cultural management in global leaders such as it provides the framework and development of global leadership. However, it does not define the term global concerning the culture. The cross-cultural management enables global leaders to have insights on how to effectively manage people from diverse backgrounds. List of References Alexander, V, Havercome, C, Mujtaba, B 2015, 'Effectively Managing Employees to Get Results in a Diverse Workplace such as American Express',Journal Of Business Studies Quarterly, 7, 1, pp. 13-26, Academic Search Premier, EBSCOhost, viewed 29 April 2018. Etowa, J, Debs-Ivall, S 2017, 'Leadership and Organizational Commitment to Ethno-Cultural Diversity in Healthcare',Journal Of Ethnographic Qualitative Research, 11, 4, pp. 277-292, Academic Search Premier, EBSCOhost, viewed 29 April 2018. Garriott, P, Faris, E, Frazier, J, Nisle, S, Galluzzo, J 2017, 'Multicultural and International Research in Four Career Development Journals: An 11-Year Content Analysis',Career Development Quarterly, 65, 4, pp. 302-314, Academic Search Premier, EBSCOhost, viewed 29 April 2018. Lewis, GR 2017, 'General Revelation Makes Cross- Cultural Communication Possible',Evangelical Review Of Theology, 41, 4, pp. 292-307, Academic Search Premier, EBSCOhost, viewed 29 April 2018 Mowla, M, Hoque, N, Mamun, A, Rahim-ud-Din, M 2013, 'Dynamics of Cross Cultural Management: A Critical Review',Abasyn University Journal Of Social Sciences, 6, 2, pp. 1-15, Academic Search Premier, EBSCOhost, viewed 28 April 2018. Qili, L, Dong, C 2016, 'The Difficulties and Possibilities of Cross-Cultural Communication: A Case Study of the Global Development of the Confucius Institutes',Chinese Education Society, 49, 6, pp. 402-410, Academic Search Premier, EBSCOhost, viewed 29 April 2018. Weber, O, Sulstarova, B, Singy, P 2016, 'Cross-Cultural Communication in Oncology: Challenges and Training Interests',Oncology Nursing Forum, 43, 1, pp. E24-E33, Academic Search Premier, EBSCOhost, viewed 29 April 2018.

Wednesday, December 4, 2019

Motion to Suppress Evidence

Introduction In common law judicial system adopted by the United States of America (USA), the move to suppress evidence is a common practice among legal practitioners. The move takes a number of courses. In most cases, the motion entails the use of a written request before a judge in whose court the case is under trial.Advertising We will write a custom essay sample on Motion to Suppress Evidence specifically for you for only $16.05 $11/page Learn More The motion petitions the judge to restrain the prosecution from using specified pieces of evidence in proving their case. The basis for the exclusion of the evidence is provided for in the US Constitution (Samaha, 10). For the motions to succeed, the attorney representing the defendant must do various things. For example, the attorney must prove beyond any reasonable doubt that the process used in acquiring the evidence failed to comply with the laid down rules and procedures. The procedures used to collec t evidence must adhere to the rules of evidence as indicated in the country’s constitution (Ingram, 37). It is, however, important to understand that there must be a law supporting the issue that the defense team has raised in order to suppress the evidence. Motion to Suppress Evidence First and foremost, the defense team would like to express its dissatisfaction with the manner in which the defendant was arrested. It is a fact that the police may have had reasons to believe that the defendant committed a felony following Jean’s statement. However, the court should note that when Molly was brought in for questioning, it was made known to her that she was not under arrest. As a result of this assurance by the police, the defendant voluntarily accepted the officers to question her without the benefit of her lawyer’s presence (Scheb Scheb, 7). Following her statement to the police, the officers declared that Molly was under arrest and she was immediately taken to a cell. The police officers looking into the case arrested the defendant on baseless claims. Such claims are contrary to the guidelines put in place by the US constitution, which require the arresting officer to conduct a brief investigation prior to the arrest (Ingram, 37).Advertising Looking for essay on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In this case, it is a fact that no investigations were done prior to the arrest of the defendant. She was unlawfully tricked into giving incriminating information despite her prior request to have a lawyer present during the questioning. Having stated that the defendant was subjected to unlawful arrest, the defense would like to add that the interrogation conducted by the police was equally unlawful. The law states clearly that in the event an individual is seized under circumstances that violate their rights, any confession resulting from that arrest is inadmissible in a court of law. The arresting officer should be aware of this provision in the constitution. When the rights of a person are violated during their arrest, the confession emanating from their interrogation is regarded by the law as the ‘fruit of a poisonous tree’ (Kyllo v. United States, 2001). Other statements made by the defendant during such form of questioning should be considered as inadmissible in court. It is noted that the law states information that is illegally obtained from a suspect, but which was voluntarily given, may be admissible in court. However, there is no evidence given by the prosecution to prove that the confession and the statements made by the defendant in this case were indeed given voluntarily and not through coercion. As a result of the unlawful arrest, the court should rule that Molly’s confession to check larceny charges is inadmissible before the law. Secondly, the defense team concurs with the defendant on her innocence. It is clear that the b ulk of evidence and charges leveled against her is, to say the least, unlawful. The defense will begin by stating that the manner in which the evidence was obtained from the defendant is unlawful in itself. After the defendant was declared as under arrest by the police, officers approached her asking questions about the writing of bad checks. With regard to the confession made by the defendant, the prosecution, in their list of evidence, indicates that Molly agreed she had prior knowledge about the bank robbery. She was aware of the fact that there were parties planning to commit the felony.Advertising We will write a custom essay sample on Motion to Suppress Evidence specifically for you for only $16.05 $11/page Learn More According to the evidence tabled by the prosecution team before the court, it is noted that the defendant also confessed that she did commit check crimes. It is also on record that the defendant did not express the need for a lawyer during the second interrogation. However, this notwithstanding, the arresting officers should not have gone ahead with the interrogation before providing the defendant with an attorney (Ingram, 23). In this case, it is the police officers who approached the defendant for further questioning. The law is quite clear on the issue, stating that the police should not initiate further contact with a suspect until he or she is provided with an attorney. An exception to this rule is when the suspect expresses the wish to initiate contact with the police in the absence of a lawyer. It is important to note that the Supreme Court states the police may initiate contact with the suspect. However, with regard to the current case, the court should note that the defendant did not confess to anything when she was arrested and put in police custody. It was opportunistic for the police officers to approach the defendant for further questioning before the arrival of her lawyer (Samaha, 32). In this cas e, it is very difficult for the court to establish whether the confession made by the defendant was voluntary or forced. As a result, the evidence obtained is viewed as a result of unlawful sourcing of information and the court should regard it as inadmissible before the law (Ingram, 37). The prosecution team may argue that the policemen were acting in good faith during the questioning. However, the officers should have restrained themselves and wait for the arrival of the defendant’s lawyer. For this reason and many others mentioned above, the court should treat the confession made by the defendant to check larceny charges as inadmissible in court. The court should also consider the evidence surrounding the recovery of the stolen money in a storage shed as inadmissible under the law. The defendant claims that she had rented the storage shed in a neighboring town for the purposes of stashing away the money.Advertising Looking for essay on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The police infringed on the rights of the defendant by conducting an unwarranted search in the storage shed. The USA federal constitution states that the police must obtain a search warrant before entering and searching a person’s home, car, or any other personal property (State v. Frazier, 2001). Failure to comply with these guidelines renders the evidence gathered inadmissible before a court of law. That is why this court should review the evidence tabled by the prosecution team in a bid to secure a conviction. The prosecution is trying to convince the court that the unwarranted search conducted on the defendant’s property was in good faith and that the police felt they had the authority to conduct a search on private property. However, this does not negate the fact that the act infringes on the rights of the defendant as provided for under the constitution (State v. Carter, 1988). It is a fact not lost to the defense and to the prosecution that the law allows the po lice to conduct searches on private property without warrants in a number of cases. However, it is important to note that the situation at hand does not meet the threshold for such exemptions (Scheb Scheb, 34). The only exemption allowed for under the law with regard to conducting a search without a warrant involves cases where the police officers strongly believe that a crime has taken place. The police officers are also allowed to conduct a search without a warrant in cases where they strongly believe a crime is in progress or when the safety of officers and civilians is at risk. Under such circumstances, the law recognizes that the police should take immediate action to arrest the situation. However, these exemptions do not apply in this case because the suspect was already in custody when the search was conducted. Under such circumstances, the defendant was not posing any threat to police officers or to other members of the society. The other provision by the law that allows po lice to conduct a search on private property without a warrant is when there is a strong possibility that failure to take immediate action may lead to the destruction of evidence crucial to the case (State v. Frazier, 2001). By the time the police conducted the unwarranted search on the defendant’s storage shed, she was already in police custody. Considering that she was in police custody, it is illogical to argue that she was in a position to destroy the evidence. The defendant was a suspect in a series of other larceny by check crimes, which the police was investigating. Given such a background, it is logical to argue that the police would have obtained a search warrant very easily (Scheb Scheb, 34). What this means is that the police had no plans to apply for a search warrant. To further support this application to suppress evidence, the defense team points out that the police had already acquired information on plans to rob a bank. The information was acquired from the c onfession made by the defendant, who, apparently, admitted that she had part of the money from the robbery in her storage shed. With this information, the police would have easily acquired a search warrant from any court. Instead of applying for the warrant, the police went ahead and trespassed on the defendant’s property, infringing on her rights in the process. The court should purge the handwriting sample provided by the prosecution, and which was acquired from the defendant, from the list of evidence against her. In this case, the court should treat the information provided by the defendant’s roommate as inadmissible. It is a fact that Jean has lived with the defendant for some time. As such, she is aware of some of Molly’s qualities (Kyllo v. United States, 2001). A strained relationship between the two roommates is a possible reason why Jean falsely testified against the defendant. It is likely that a form of trust develops between people living in close q uarters. Such trust makes roommates share even the most of personal information with each other. Such a scenario likely explains how Jean got to know of Molly’s problem with the spelling of certain words. As a result of this, the court should not rule out the possibility that Jean gave false information to the police, knowing very well the chaotic situation that will arise as a result of her actions. With this in mind, the court should regard the handwriting sample as inadmissible before the law. Conclusion The move to suppress evidence is a common practice in USA judicial systems (Kyllo v. United States, 2001). The motion is often moved before the court by the defendant’s lawyer. In such cases, the defense petitions the court to treat some or all of the evidence prepared by the prosecution as inadmissible. As a result, the defense successfully avoids some of the charges previously leveled against the suspect (Scheb Scheb, 34). The current information that the prosecu tion has against Molly is enough to put up a very strong case against her. However, with a successful motion challenging the admissibility of the evidence, the case is significantly weakened and Molly can even have all the charges against her thrown out by the court. References Ingram, J. L. (2009). Criminal evidence (10th ed.). Burlington: Elsevier Science. Kyllo v. United States, 533 U.S.A. 27 (2001). Samaha, J. (2011). Criminal procedure. New York: Wadsworth Publishing. Scheb, J. M., Scheb, J. M. (2011). Criminal law and procedure (7th ed.). Belmont, CA: Wadsworth Cengage Learning. State v. Carter, 322 N.C. 709, 370 S.E.2d 553 (1988). State v. Frazier, 142 N.C. App. 361, 542 S.E.2d 682 (2001); This essay on Motion to Suppress Evidence was written and submitted by user Francisco Talley to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.