Examination Of The Fourth Amendment - 2339 Words

Examination of the Fourth Amendment The fundamental purpose of the Fourth Amendment in the United States Constitution is to protect every citizen’s right from unreasonable searches and seizures. The Bill of Rights composed of the first 10 amendments states the limits of governmental authority. For instance, the First Amendment guarantees individuals’ natural rights such as freedom of speech, religion, and press. In addition, the Fourth Amendment restricts government intrusions into personal privacy and property. Both the Bill of Rights and the Fourth Amendment emerged from several English political documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights (Bill of Rights - Bill of Rights Institute). Among these documents, the Magna Carta particularly had a major influence on the establishment of the Fourth Amendment. Although the majority of the laws addressed in the document are no longer valid in today’s democratic system, the Mag na Carta was the first written document to guarantee citizens’ rights (Sen). Prior to the American Revolution, the American colonies were not protected from unreasonable infringement. For instance, the British colonists enforced tax measures by general searches, which constituted an unacceptable intrusion (Levy). Although Writs of Assistance were issued by King George to investigate evidence of smuggling by the colonists, they allowed the British agents to enter and search anyone’s property without a specificShow MoreRelatedAn Examination Of Public School Students Fourth Amendment Rights On Campus2286 Words   |  10 Pages Privacy vs. Safety An Examination of Public School Students’ Fourth Amendment Rights on Campus Kathryn Hesse Communication 385 Fall 2014 The Fourth Amendment was written to protect every American’s personal right to privacy by issuing requirement for searches and seizures of one’s person and property. This amendment protects U.S. citizens from having their privacy violated by the government for no reason. According to the Fourth Amendment, â€Å"The right of the people to be secureRead MoreForensic Investigation On The Criminal Justice System1186 Words   |  5 Pagesthere are forensic procedures used to collect and process the forensic evidence from electronic devices. The procedures have to follow the fourth and Fifth Amendment guidelines. In this paper, I will discuss the standard operating procedures for processing the computer forensic evidence as outlined in the case within the provisions of the fourth and fifth amendments. The forensic procedures for collecting evidence from the networked computers, PDAs, Cell phone, and laptops should be practiced withinRead MoreUnited States, Missouri V. Mcneely, 569 U. S1404 Words   |  6 Pages Name and Citation of Case: United States, Missouri v. Mcneely, 569 U. S. (2013) Decision: The Supreme Court attests. The Court noticed that its point of reference requests a case-by-case examination when lower courts figure out if urgent conditions advocated a warrantless pursuit. However, the State contended that exigency essentially exists in any DWI related blood test given that blood-alcohol content quickly decreases with time, the Court found no argumentation to embrace a per se ruleRead MoreEssay about The Exclusionary Rule620 Words   |  3 Pages Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegalRead MoreThe Court : The Supreme Court Exists1459 Words   |  6 PagesThe Supreme Court attests. The Court noticed that its point of reference requests a case-by-case examination when lower courts figure out if urgent conditions advocated a warrantless pursuit. In spite of the fact that the State contended that exigency essentially exists in any DWI related blood test given that blood-alcohol content quickly decreases with time, the Court found no argumentation to embrace a per se rule. The Court concurred that essentially postponing a blood test to get a warrant wouldRead MoreProtecting The Citizen For Unreasonable Search And Seizure963 Words   |  4 PagesThe 4th and 5th amendment are protecting the citizen for unreasonable search and seizure. That means, that an investigator needs a search warrant to search and seizure a private property. In some cases the investigator doesn t need a search warrant, but only when an exception to the warrant requirement applies. For instance if a police pull ove r a car because the driver drove to fast and the officer recognize the smell of marihuana out of the car, then he is allowed to search the car without a searchRead MoreWhat Violates The Fourth Amendment?1194 Words   |  5 PagesWhat Violates the Fourth Amendment? â€Å"Unreasonable search 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.† – Amendment IV The most controversial aspect of the fourth amendment is the debate over what constitutes as a legitimate search. Since the amendment’s addition to the constitution on December 15, 1791, citizens have questionedRead MoreThe Fourth Amendment : Historical Conception, Key Elements, Legalities, And Violations1221 Words   |  5 PagesAbstract The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution s framers lived. During that period, no organized police forces existed that were even remotely like those of todayRead MoreCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 PagesConstitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems. The Fourth, Fifth, and Sixth Amendment were evolutionary in an effort to protect the rights of the people of the United States. Authoring the three amendments gave way to an overhaul in theRead MoreInvestigation Of Search And Seizure1025 Words   |  5 Pagescollected for prosecution. That brings us the Fourth Amendment formed in 1971. Which states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. No Warrants shall be issued, 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. The Constitution, through the Fourth Amendment, defends people from unreasoning searches

The Act Model Is The Action Or Behavior ( Experiential...

However, it is the action or behavior (experiential avoidance) that leads to the problem. Furthermore, according to the ACT model, when clients try and control these unwanted thoughts and emotions they actually only increase their difficulty (sadness about feeing unwanted or worthless). The ACT model suggests that the very effort to control ones’ emotions and thoughts increases the likelihood of failure and consequently increasing their avoidance. Therefore, according to this model therapist help the client to refocus their efforts. Rather than focusing on escaping their unwanted thoughts and feelings to work towards acceptance. This acceptance could change the clients perpetuating cycle of ruminating on their painful depressive thoughts that they have become fused to. This disruption in their ruminative thought pattern has the potential to allow the client to begin to orient their thoughts through observation and awareness. Moreover, the ACT model then aims to orient the client back to their values and help clients to allow more adaptive responses and thoughts in and reduce their stress and depressive thoughts (Walser, et al., 2015; Walser, Chartier, Sears, 2011). According to the ACT model for depression therapists begin by gathering background information and to understand how the client orients them self, meaning language that they use about themselves and about their suffering. During the beginning phase of treatment clients could be asked to complete a BDI-II. NextShow MoreRelatedAvoidance Of Experiences That May Create Negative Internal Reactions1507 Words   |  7 PagesAvoidance of experiences that may create negative internal reactions is generalized to avoidance of many other activities, restricting the individual’s engagement in valued action and increasing distress. For these reasons, ABBT aims to help individuals modify their relationship with internal experiences, decrease experiential avoidance and increase engagement in valued action. To achieve these objectives, ABBT incorporates mindfulness strategies, cognitive behavioral interventions, ACT and DialecticalRead MoreChild Abuse Prevention and Treatment Act Essay1076 Words   |  5 Pages According to our textbook, Public Law 93-247 which is the Child Abuse Prevention and Treatment Act (CAPTA), came into effect on January 31, 1974. This law is regards to childhood maltreatment. The law implemented the National Center on Child Abuse and Neglect. Central agencies needed to be created in each individual state. The central agencies had to have legal authority to investigate and be able to prosecute cases that involved abuse and neglect. The States also had to develop their own definitionsRead MoreEmotion Focused Therapy ( Eft ) Essay1715 Words   |  7 PagesEmotion-Focused Therapy (EFT) in relation to psychological trauma. After an overview of its history and foundations, we will present its assessment of nature of health, psychological disturbance, and therapeutic change. Furthermore, the treatment model and an evaluation of EFT will be provided. Emotion-Focused Therapy: history and foundations Emotion-Focused Therapy was developed in the early 1980s by Sue Johnson and Leslie Greenberg to provide a clear framework for working with emotion in coupleRead MoreChild Abuse And Its Effects On Children1747 Words   |  7 Pagesless. Family violence was less common and so was substance abuse and both were frequently associated with stepfathers.† The common mental illnesses were psychotic illnesses (paranoid schizophrenia), bipolar disorder, depression, it did not include behaviors like anger or anxiousness. Many people may believe that people are lying about mental illnesses to get out of being in trouble, or people looking down on them. It is the easy way out of getting in trouble by saying that the person was depressedRead MoreIs Relational Frame Theory?1730 Words   |  7 Pagestheories on how we should live our lives, battle disorders of all kinds, and how to fix or solve those disorders. The specific theory that we will be taking a look on is Acceptance and Commitment Therapy or more commonly known in the psychology world as ACT. Like most other theories that take from other theories in its format, this one is no different. Steven C. Hayes is considered and recognized by the psychological community to be the founder of Acceptance and Commitment Therapy. Steven Hayes is knownRead MoreMy Current Therapy Practicum At Hartgrove Hospital3718 Words   |  15 Pagesexposed to Acceptance and Commitment Therapy (ACT) briefly in the past during my classes and during a didactic at practicu m, but I have not done an in-depth examination of how it differs from CBT and what its theoretical and philosophical bases are. I wanted to take this paper as an opportunity to learn more about a therapy that may fit better with how I work with clients and how I view my role as a therapist. An Overview of ACT In the early development of ACT, Hayes and his first doctoral student, ZettleRead More1.Provide A Brief Overview Of Cognitive-Behavioral Therapy1462 Words   |  6 Pagesindividual’s feelings and behavior, while BT is focusing on the external environment that can cause the behaviors, such as a stimulus (Early Grady, 2016). The use of the two therapies together allows the therapist to teach the client how to monitor their negative thoughts (cognitive), while also seeing what may cause them to have these thoughts in the first place (behavioral). CBT benefits the client by assisting in the elimination of maladaptive thoughts and behaviors, which leads to an improvementRead MoreCompare and contrast Acceptance and Commitment Therapy and Solution Focused Brief Therapy3258 Words   |  14 PagesAcceptance and Commitment Therapy While Acceptance and Commitment Therapy (ACT) has been in development since the 1980’s, it has only recently risen to prominence and is sometimes described as a ‘new wave’ therapeutic technique. ACT is a modern behaviour therapy that uses acceptance and mindfulness interventions alongside commitment and behaviour change strategies to enhance psychological flexibility (Sonja, 2011). ACT differs from many modern therapies, in particular its approach to dealing withRead MoreCulturally Adapted Acceptance And Commitment Therapy For Treating Depression Among Latino Adults9015 Words   |  37 PagesDepression 15 Electroconvulsive Therapy 15 Antidepressant Treatment 17 Cognitive Therapy and Cognitive Behavioral Therapy (CBT) 20 Interpersonal Psychotherapy (IPT) 22 Acceptance-Based Behavioral Therapies (ABBT) 23 Dialectical Behavior Therapy (DBT) 25 Acceptance and Commitment Therapy 26 Cultural Considerations in Treatment 29 Cultural Considerations in Treating African Americans 30 Cultural Considerations in Treating Asian Americans 31 Page Cultural ConsiderationsRead MorePersonal Application Assignment3819 Words   |  16 PagesTHE PERSONAL APPLICATION ASSIGNMENT (PAA) A variety of texts and articles over the past few years have argued for the use of an alternative approach to teaching organizational behavior, one that emphasizes experiential learning. This approach emphasizes an existential, emergent view for learning organizational behavior (McMullen, 1979), where the role of the instructor is that of learning facilitator, responsible for designing experiences for students to base learning upon, rather than as teacher

All About Personal Essay Student Samples

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