Monday, December 30, 2019
Essay on The Death and Transfiguration of Poetry - 897 Words
Sagar Gohel D. Samaha English 2 Honors September 30, 2012 The Death and Transfiguration of Poetry One of the greatest poetic minds of the 20th Century once said, ââ¬Å"Poetry is not a turning loose of emotion, but an escape from emotion; it is not the expression of personality, but an escape from personality. But, of course, only those who have personality and emotions know what it means to want to escape from these things.â⬠It was Solariââ¬â¢s chief aspiration to show this to the world. ââ¬Å"The Death and Transfiguration of a Teacherâ⬠was the story of a classroom full of children that slaughtered their teacher out of the clear blue, and then, ââ¬Å"cannibalistically disposed of her remains.â⬠(Solari 198) The children are then individually questioned,â⬠¦show more contentâ⬠¦Poetry gives meaning to life and is an expression of the self, but these people of the school, did not realize it. They were not real people; they were just lifeless ââ¬Å"stuffed animalsâ⬠However, once the teacher is murdered, and poetry is removed from the lives of the children, all is not as well as one would expect. ââ¬Å"The teacher was dead; she had been cannibalistically cut up by the girls who, after killing her, cannibalistically disposed of her remains.â⬠(Solari 198) This story is one of much symbolic importance, and in one way, the teacher herself represents poetry in society. After the teacher was killed, the people finally realized how much she had meant to the school. The principal is shocked to see this teacher dead, but the parents of the children, are not so preoccupied with the death of the teacher. At an emergency PTA meeting held to decide what should be done with their predicament, fathers began to only worry about the damaging nature of stopping their daughtersââ¬â¢ studies, without a single feeling of sorrow for the loss of the teacher. After all agreeing to release the information to the police and the press, the public goes mad. This was the story of a lifetime, a news reporters dream, ââ¬Å"The whole thing was blown up in the press and newspapers sold like hotcak es,â⬠(Solari 201) but all things come to an end at some point; after some time, all hype and confusionShow MoreRelatedAnalysis Of The Poem Raffaello Sanzio Da Urbino 1334 Words à |à 6 Pagesregarded; some considered Raphael to be the incarnation of painting itself and others said he was the greatest painter of the western world. Even those who had a low opinion of Raphael gave him credit for his greatness. His final painting, The Transfiguration, demonstrates the epitome of his renowned techniques, harmonious color choices, ease of composition, and clarity of form in a wonderful piece from the Italian Renaissance. Historical Context 1450-1600 Before appreciating the quality of Raphaelââ¬â¢sRead MoreEssay on Anne Bradstreet: The Pioneer Puritan Poet1124 Words à |à 5 Pageslife. Her dedicated Puritan beliefs greatly molded her writings. Many of her poems contain references to sin, redemption, and immortality among other recurrent Puritan topics (ââ¬Å"Anne Bradstreetâ⬠). Anne Bradstreetââ¬â¢s published poetry collections were the first published works of poetry by an English-American (Eberwein 161-163). Anne Bradstreet was a groundbreaking writer as the first English-American poet of her time; her life experiences, Puritan beliefs, and family greatly influenced her writing topicsRead MoreFilm Analysis :samson ( Hwv 57 )1304 Words à |à 6 Pagesnew ideas of harmony and harmonic motion while staying true to the other German contemporaries. Die Mainacht is the second song from his opus 43 of four songs. This example of lieder is a great example of Romantic poetry dealing with nature and the human condition wit h emotion. The poetry is by poet Ludwig Heinrich Christoph Hà ¶lty. Clara Schumann paved the way for women composers and was a finer musician than many of her contemporaries. Clara Schumann was renowned in her time, for her outstandingRead MoreThe Poem Alzheimerà ´s by Kelly Cherry: The Fickle Voice of Memory644 Words à |à 3 PagesOnomatopoeia is captured quite nicely with, ââ¬Å"The peculiar screeching of stringsâ⬠(Line 21). Kelly Cherryââ¬â¢s poem ââ¬Å"Alzheimerââ¬â¢sâ⬠appears in a collection of poems published in her book Death and Transfiguration. According to a book review by Hollins Critic, this entire collection ââ¬Å"Confronts the basic questions of love and death, faith and sufferingâ⬠(ââ¬Å"Booksâ⬠). Her works tend to put words to the highs and lows of what is happening in her life. Fred Chappell may have said it best when he wrote, ââ¬Å"Cherryââ¬â¢sRead MorePoverty and Painting: Representations in 19th Century Europe864 Words à |à 4 Pageslisted in the journal article that represent poverty . These included images of poor housing, sin and charity, evictions, homelessness, bad working conditions, crime and lifestyle risks hunger, revolution and visionary societies and disease and death. The intense pictorial power of the listed 19th century artists highlighted the experiences of the poor in Europe and helped open the eyes of the public to the terrible conditions of poverty. These sides of poverty were related to health andRead MoreEssay on Magnificent Minds of the Renaissance1120 Words à |à 5 PagesVatican, took Raphael about 4 years to create. Each wall is decorated with scenes suggesting personifications of Theology, Philosophy, Poetry, and Justice (Microsoft Encarta n.pag.). The second Vatican chamber, the Stanza dEliodoro, contains scenes representing the triumph of the Roman Catholic church over their enemies(Microsoft Encarta n.pag.). Upon the death of Pope Julius II, Raphael was made chief architect of Saint Peters Basilica and later appointed director of all the excavations of antiquitiesRead MoreThe Scarlet Letter, By Nathaniel Hawthorne1510 Words à |à 7 PagesScarlet Letter, he also envisions a hopeful future for women in which ââ¬Å"sacred love should make [them] happyâ⬠(166). However, our present setting tells us a different story. We are presented with the problem of ââ¬Å"slut shamingâ⬠: a subtle, yet deadly transfiguration of a womanââ¬â¢s passion and ââ¬Å"sacred loveâ⬠into moral frailty and opprobrium. As a male, I do not have the same authority to speak on this topic as someone who has experienced it firsthand would. I am a part of the problem, but so is our patriarchalRead More The Beginnings of a National Litera ry Tradition Essay3802 Words à |à 16 PagesConfederation Poets, consisted of four main authors: Charles G.D. Roberts, Bliss Carman, Duncan Campbell Scott, and Archibald Lampman. The Poets ofConfederation established what can legitimately be called the first distinct school of Canadian poetry(17, Keith). The term ââ¬ËThe Poets of Confederation is a misnomer since not one of these poets/authors was more than ten years old when the Dominion of Canada was formed in 1867. However, all of these writers were aware of the lack of a distinctive
Sunday, December 22, 2019
My Experience With My Family - 892 Words
Learning about my heritage and my family has always fascinated me, and doing this cultural genogram was an awesome experience to learn more about my family. To complete this project I interview my mom who is the genealogist for both sides of my family. My nuclear family is small and predominately female, and it consists of my dad, Edward-age 65, my mom, Wendy-age 57, my older sister, Julie-age 23, and myself-age 19. Right now my parents have been married for 30 years and have entered the are empty nest stage since I dorm at college, and my sister lives in another town. More recently, in our family, my sister delivered a healthy baby boy in august with no prenatal complications; making my parents grandparents and myself an aunt. Additionally, unlike most families, my parents had switched roles while I was growing up. My dad has been disabled for about 24 years and was retired by the time both of my sister and I were born, so he became a stay home dad and took on the more domestic role s, while my mom supported the family financially. Unfortunately many families like ours were faced with economic troubles when we went into the recession a few years back. In 2010, my mom lost her job and now she just has a temporary job. On the bright side, my family recently saw both of their daughters graduated high school and complete their Girl Scout Gold Award. After high school my sister went to community college, and I choose to go Felician College. No matter what obstacle orShow MoreRelatedMy Experience With My Family861 Words à |à 4 PagesWhen I think back to my childhood I remember happy experience and how happy my family. For me that happiness lasted until about when I was in sixth grade because it was the time my parents were going through a divorce. I understood that they stuck together until sister and I were old enough to understand. At the time that they were going finalizing the divorce it affected my school work a little. Iââ¬â¢m already a reserved person a it is, but it made me lock myself inside out of the room, not speak forRead MoreMy Experience With My Family1817 Words à |à 8 PagesDisneyland where they will experience a dream of a lifetime. One moment I want to experience again is when my family took me to Disneyland especially when my father was still alive. My father died of pancreatic cancer when I was five years old, but I did not understand the concept of his death, so I did not feel any sadness or grief for him until I was eight years old where I finally understood the impact of his death which struck me to tears. I have heard mostly good things from my mother and other closeRead MoreMy Family Experience1137 Words à |à 5 PagesFamily Experience My family has been a huge influence on my life choices, as well as my career choices. The concept of helping and being there for someone in need has always been a strong characteristic for my family. No one goes through a hard ship alone, nor does anyone never have someone they canââ¬â¢t count on. I feel the strong sense of helping that was instilled me since I was young has been an important driving factor in my choice to have a career in a helping profession, such as becoming a registeredRead MoreMy Experience With My Family1002 Words à |à 5 PagesWhile working on my genogram I found it a bit difficult to put it all onto a page. I have information dating back to my great great, grandparents on both side of my parents. Although I do not have all the information pertaining to my great aunts and uncles etc. I do have most of the information from my great great, grandparents down to my parents. My great grandfather on my momââ¬â¢s side died of old age at 96 years, while his f irst wife died of breast cancer sometime in the late 40ââ¬â¢s. His second wifeRead MoreMy Experience At My Family1445 Words à |à 6 Pagesand my race doesnââ¬â¢t start till 11:30. I should get on the shower so I can wake up, but Iââ¬â¢m not ready to have my last race of my high school career. In the shower, I began to panic about how life was moving too fast, and I told myself to calm down. I got out of the shower ran to my room and began gathering my clothes that I needed. I out my clothes on and my mom yells out ââ¬Å"Marcus!! What do you want for breakfast!?â⬠she said. I yell out ââ¬Å"Oatmealâ⬠and I go outside and I began to pray to all my ancestorsRead MoreMy Experience Of My Family725 Words à |à 3 PagesAs I step out of my room, it seems to be that everyone is quiet and all the members in the family members seem to be doing their own thing. The feeling of home compared to camping or school is one complete and different feeling. When I enter my house, it is silent so that we can take a personal break from school and my parents could enjoy tea or watch Asian dramaââ¬â¢s. To my perspective, my family is a kind one that takes great care and provides secondary help if needed in any sort of way. AlthoughRead MoreMy Experience With My Family1009 Words à |à 5 Pagessocioeconomic backgrounds. My mother would always share valuable life lessons with my siblings and me. One, in particular, I remember even to this day is, ââ¬Å"Life is only as challenging or motivating as you make itâ⬠. I did not quite understand what this meant as a child; but as I got older, I understood what my mother was conveying. Although life for me has been both good and bad, it seemed to be better than my childhood friends. If you knew the real story, you would see that my life is not as perfect Read MoreMy Experience In My Family796 Words à |à 4 PagesGrowing up, I lived a calm and peaceful life in Mongolia with my mother, father, older brother and sister. My family was perfect to me, there was nothing but love between the five of us. My father always had a belief that as children, we need to be able to explore and learn without any limitations. As a young child, I remember drawing on the walls of our home and learning the alphabet from my older brother before even entering kindergarten, as well as doing simple math problems. Many parents wouldRead MoreMy Experience With My Family Trips1120 Words à |à 5 Pagesââ¬Å"Look deep into nature, and then you will understand everything betterâ⬠was an outlook I found within my research for this trip (Einstein). Family trips are always an interesting experience and sometimes hard to understand. Between the arguing and stress of packing, my family finds a way to get on the road quite often. However, the next trip planned arose a new level of anxiety. Until this trip, I have never traveled to a place far from society and slept within the pure darkness of the night. TheRead MoreMy Unforgettable Experience with My Family1918 Words à |à 8 Pages Ma. Aleli M. Rustia PSC21 My Unforgettable Experience with my Family This was the moment when we were down, helpless, and totally disappointed after we tried hard to earn a name for our family. This was the moment when my mother and other members of the family tried to console my father to be calm and not to be desperate at all. We advised him also to be positive in everything he does and always believe that there is always sunshine after the rain. This was also the moment of struggling, in search
Saturday, December 14, 2019
Nonverbal Communication in an Emergency Room Free Essays
string(73) " close to someone next to you was essential for the purpose of the room\." For this project I had to decide upon and visit an environment that I would not normally be in. This environment had to be different from my normal and more comfortable surroundings, in which I thought the nonverbal communication patterns would differ from my own. I made my observations over two days. We will write a custom essay sample on Nonverbal Communication in an Emergency Room or any similar topic only for you Order Now The environment I chose to observe was an emergency room waiting area. I chose this because I figured the people that I would be observing would not necessarily be very different from me, but I figured that they would be in a different emotional state then I was. I was just an observer in the emergency room while everyone else was there because of some sort of serious medical issue. During my observations I tried to identify any emblems, adaptors, affect displays, eye gaze patterns, regulators, and illustrators and interpret why they might be occurring and what they mean. I also studied and interpreted the impact of the environment itself and what effect it might have had on the people in it. I took a seat toward the back of the room to get the largest possible view of the waiting room. The overall feeling was fairly comfortable and it was not intimidating. The first thing I noticed was that the lighting in the waiting room was dimmer than the lighting in the rest of the hospital. It seemed like mood lighting to me and compared to the fluorescent lit rooms in the rest of the hospital it was more relaxing. The wall facing the outside was basically a wall of tinted windows looking into the parking lot. The windows were tinted to let in a comfortable amount of sunlight without it being too bright. I think the goal was to allow as much natural light in as possible. This would be a good idea in a waiting room because the windows can help reduce the feeling of being ââ¬Å"stuckâ⬠there. There were a couple televisions mounted on the wall. Obviously, these were put there to help waiting patients and visitors pass the time. But I would also argue that the televisions were placed there to make the waiting room more familiar and comfortable like someoneââ¬â¢s living room. The color of the wallpaper was a very dull, khaki, color. I think that color was picked because it is a neutral color that would not evoke any emotion. Another thing I took note of was how the seating arrangement was laid out. The room was a rectangle shape. The chairs lined the walls and outlined the shape of he room. Other chairs were placed in the middle of the room around a couple of coffee tables. It didnââ¬â¢t seem to make sense at first. However, the more I stared at it, the more it made sense. The chairs seemed arranged to accommodate the different types of groups that would be sitting there. Some rows were long and straight without any other rows opposite them, which I thought would be suitable for somebody waiting alone and might not want to be facing any strangers and keep to themselves. Other rows were arranged to give you the option to sit face to face with someone. There were also some rows that were arranged in a square facing each other but further apart, possibly so that if you wanted to talk to somebody you didnââ¬â¢t know, you had the option to do so, without it feeling obligated or awkward. At the end of the rectangle-shaped room, in the back left and right corners, were two additional areas. One was a ââ¬Å"family consultation roomâ⬠and the other area was the ââ¬Å"childrenââ¬â¢s play area. â⬠These two environments differed from the rest of the waiting room. The childrenââ¬â¢s play area was in the corner and was made to be a fun environment. There was a small, pink, round table with four matching chairs. The ceiling dropped down and was lower than the rest of the room as you entered the play area. I felt this made it cozier for children because the ceiling height was more in proportion to a smaller childââ¬â¢s height. The paint on the walls changed also. It had the same color wall as the rest of the waiting room but there was a big, blue, zigzag pattern that started half way up the wall and wrapped around the perimeter of the play area. It seemed appropriate because even without the label on the wall, the area was clearly a childrenââ¬â¢s play area. The pattern also set a playful mood. The emergency room can be a stressful place and having to a specific place for children to feel comfortable in was a good idea. The second area was a ââ¬Å"family consultation room. â⬠This was an additional room in the back right corner. This room is for families that have received devastating information about a patient in the emergency room. The room has a door but it was open and unoccupied at the times I was there. This room also had a different feel then the waiting room just outside. As you would imagine it had a very comforting feel. The walls were a light blue color that seemed to be painted on with a sponge. This room also had a wall of windows but it had an optional pull-down shade to cover the windows if desired. The chairs in this room were different too. There were a set of two normal chairs, a couch and a two-seat bench. The couch had room for three people and the bench had room for two. The couch and bench were different from the seats in the other rooms because these did not have any dividers between the seats. I think the idea behind that was that the room was an area to be close with friends and family. Having places to sit were you can be close to someone next to you was essential for the purpose of the room. You read "Nonverbal Communication in an Emergency Room" in category "Essay examples" After making notes about the environment I started making notes on everything I saw people doing, and taking note of the different types of people I was observing. I also intentionally put on headphones so that I would only be interpreting non verbal behaviors. Some of the emblems I saw were unique to the individual, while others were repeated among a lot of people. One that I saw a lot of people doing was to put an arm around the person sitting next to them. Along that same line, people were holding each otherââ¬â¢s hands, as well as putting a hand on somebodyââ¬â¢s leg. The triage nurse that was calling new arrivals into triage rooms used her hands and body movement to direct people to come with her and to direct them into specific rooms. She would call out someoneââ¬â¢s name and when that person acknowledged that they heard her she would invite them over with a wave of her hand. I also saw her point to one of the triage rooms without saying anything when a doctor walked into the waiting room. The doctor had come in and looked at her with a questioning facial expression. She answered his non verbal question with a non verbal answer. She pointed to the second of two triage rooms. That was the answer the doctor was looking for because he entered the triage room without a word. Other conversational examples that were simpler were things such as a person shaking or nodding their head as a response to someone else talking to them. One woman was actually nodding and shaking her head in response to whoever she was talking to on her cell phone. There were a lot of adaptors throughout the entire room, visitors, patients and hospital staff alike. A few of them were actually common throughout the room, not always simultaneous, but at some point or another they were repeated by others. One such adaptor was bouncing a leg up and down while talking or waiting. A couple of people also kept shifting in their chairs while talking. The two most common I saw with peopleââ¬â¢s hands were drumming their fingers on the arm rest, or rubbing their hands incessantly. One that I only saw once was a girl who every few minutes had to switch the position of her feet that were propped up on a coffee table in front of her. She seemed to be doing it out of boredom or restlessness. I felt she was doing it too often for it to have been the result of her feet being uncomfortable from being in the same position for too long. Others that I noticed were small. A security guard that passed through a few times had the consistent habit of playing with his set of keys attached to his belt. I spotted one of the nurses at the information desk had a habit of tapping the end of her pen gently on her two front teeth while she was pausing to look up anything on her computer. Most of the affect displays throughout the room were revealers, and very similar to each other, without much change from when I entered to when I left. The first thing I noticed was that nobody was smiling. The only smiles I noticed were fake smiles. The person smiling was forcing the smile. This occurred a lot within groups sitting together when they werenââ¬â¢t talking. A mother ââ¬Å"smiledâ⬠at her son but her eyebrows were furrowed and pulled together, and her eyes remained unexpressive. The motherââ¬â¢s ââ¬Å"smileâ⬠was a sign of reassurance and maybe it was interpreted by her son as a real smile, but the mother was clearly worried. Most of the people in the room had blank expressions or just a slight frown. It seemed as if everyone was in deep thought and most people did not look thrilled to be there. Eye gaze patterns throughout the room varied quite a bit depending on the personââ¬â¢s situation. A group that was sitting together in the area of chairs facing each other kept the most eye contact with each other while talking and seemed very comfortable with it. There was another group that was not as good at making eye contact. The group consisted of an elderly woman in a wheelchair along with a middle aged man and woman. The man looked very agitated. He sat with his body positioned forward toward his companions, but his head was turned completely to the side so that he was looking out the windows. He had his elbow propped on the back of the chair next to him, his chin was resting in his hand and his fingers were covering his mouth. When one of the women talked to him his eyes darted to the one speaking to him but quickly went back to the windows as he answered. The women exchanged glances with each other that seemed to let the other know that they both picked up on his agitation and should probably let him be. A few peopleââ¬â¢s gazes were all over the place. Those people seemed to be the ones that had nothing to do. They were sitting there without a magazine or anything to distract them. Another person sitting alone also mainly looked at their lap or the ground, occasionally locking eyes with a stranger sitting across from them and quickly looking away. The same thing happened to me with a girl sitting opposite of me. We kept making eye contact when I was looking around the room for examples. Iââ¬â¢m pretty sure she was trying to figure out what I was doing. I do think she did figure out that I was making some sort of observations and recording them because she started to avert her eyes more quickly the next two times we made eye contact. Regulators were hard to spot because, for the most part, nobody was talking to each other, with the exception of the two groups near me. In the corner what I noticed was, while the man was listening to the woman, he sat back in his chair, body turned towards her, and nodded his head. When it was his turn to speak, he did the opposite and sat up and leaned more towards her and looked around more. The family was all fairly reserved while listening; hands in their laps, bodies turned towards the speaker, but were more animated with their hands and body shifting as they spoke. The illustrators I saw were mostly emphasizing or helping illustrate something somebody was saying. I watched one funny example play out between the two girls in front of me. I never heard what they were talking about but at one point they both put their arms out to their sides and touched the tip of their noses with their pointer fingers. They were discussing either a field sobriety test given by a police officer or a balance test given by a doctor. Another example like this helping explain speech was a young man holding both of his closed fists together and snapping them apart while talking to a woman he was with. I determined he was explaining what had happened to his leg since he was in a wheelchair and his leg was wrapped. Those were the only specific illustrators I saw that seemed to have some type of meaning, where the most common thing was just random gesturing of peopleââ¬â¢s hands as they spoke. This did not always seem to have any direct connection to what they were speaking about. The adaptors I saw had clear and similar messages with each other. One man came off as stressed and anxious because he was rubbing and squeezing his hands together very roughly without seeming to be aware of it. Fidgeting with his hands seemed to help him take away from the stress he was feeling. Similar to the man rubbing his hands was the girl shifting the position of her propped up feet. She was releasing energy through movement of her feet. It seemed as though she didnââ¬â¢t want to be sitting and would rather be moving around. Most of the prescriptive interpretations I came up with for the behaviors observed came to me immediately as I saw them, as most of them seemed to convey a very clear message in my mind. Almost all of the emblems I saw were various people putting an arm around the personââ¬â¢s shoulder sitting next to them, holding their hand, or putting their hand on their leg. Touch is a powerful form communication. These all were ways of conveying to the other person that they were there for them, to comfort them and help them in this emotional time, and that everything would be alright. I didnââ¬â¢t have to do too much adjusting once I entered the room. I didnââ¬â¢t stick out anymore than anybody else did as far as my clothing went. Since this is an emergency clinic, I assumed that none of these people planned to be here so there really was no particular style of dress. Also, the fact that I was there alone and not talking to anybody actually helped me blend in. There were plenty of people alone and keeping to themselves. The only time I felt like I wasnââ¬â¢t blending in was when the girl in front of me noticed I was writing about the room. That happened on the first day. The second day I went into the emergency waiting room, I wore a hat to better conceal my face and what my eyes were doing. Overall I thought what I found was pretty interesting because I have been in this environment before, noticing most of these things, but the observations this time were put in a whole new perspective because I had to consciously interpret each one, instead of casually noting them. What I think was unique and interesting about this environment was the fact that, although everybody in the room could have easily been of a different ethnicity, gender, age, religion, or political affiliation than each other, they all still had a very similar communication style and seemed to convey the same general emotions. The overall communication was mostly nonverbal simply for the fact that there was very little talking. However, the non verbal communication that was happening was easily interpreted by the people I was observing. There are few places you can go where the overall internal state of mind and emotions will be so universally contained within one room and made this an excellent location. This exercise made me realize how much and how effectively we communicate as humans without even talking. How to cite Nonverbal Communication in an Emergency Room, Essay examples
Thursday, December 5, 2019
Significance of the Exclusionary Rule-Free-Samples for Students
Question: Discuss about the significance of the Exclusionary rule that has been developed to safeguard the protection guaranteed by the Fourth Amendment in the US Constitution. Answer: Introduction The exclusionary rule is considered as a legal rule that is used in the US Constitution, which states that any evidence seized by the police illegally against the defendant, such evidence shall not be submitted during the criminal trials. Evidence is permitted to be presented before the court during trials of the criminals. The evidence that are relevant are only admissible in the court, which implies that the evidence must be such that it establishes the existence of any material fact related to the case. The exclusionary rule has been sanctioned to enforce the right of the citizens to be secure in their homes against the any illegitimate governmental interference (Kerr, 2016). However, the rule has been restricting the application of this rule only to evidences that have been obtained illegally by the police. This rule has been considered a deterrent to police misconduct. The Exclusionary Rule The exclusionary rule prevents the US government from submitting any evidence in trial that has been obtained illegally in contravention of the Fourth Amendment. The Fourth Amendment ensures protection against illegal seizure and search. The doctrine of exclusionary rule used in the US courts has been sanctioned to deter police and other law enforcement agents from obtaining evidence unreasonably and illegally (Cole, 2015). This rule has been sanctioned in protection of the right of the people to be secured in their homes and to be protected against illegal search and seizures. If an evidence is banned or forbidden from being submitted to the court, it implies that the evidence collected against the defendant cannot be used against him during his trial, provided such evidence has been collected illegally. Background of the Exclusionary Doctrine At Common law, the legitimacy of the method to collect evidence had no relevance with the admissibility of such evidence that is, the court was not concerned whether the evidence submitted was obtained legally or illegally neither it formed any issue with respect to the determination of the question. However, in 1886, the Supreme Court paved the way for the establishment of the exclusionary rule in Boyd v United States [1886] 116 US 616. In this case, the court held it is important to ensure that a liberal approach should be applied while interpreting the constitutional provisions pertaining to security of person and property (Cole, 2015). The liberal construction principle led to the way establishment of the exclusionary rule that was ultimately brought up in the landmark case of Weeks v United States [1914] 232 US 383. In this landmark case, a US Marshall seized evidence from the home of the defendant without any arrest or search warrant against Mr. Weeks. Moreover, such evidence was seized without the consent of Mr. Weeks, the defendant. The court held that if evidence is seized in this manner and used against the defendant, it should amount to a contravention of the protection guaranteed in the Fourth Amendment; therefore, such evidence shall have no value. The court further reasoned that the Fourth amendment subjects the Federal and US officials to restrictions with respect to the exercise of their authority and power. Hence, the Court established that the evidence obtained by the Federal agents in a manner that contravenes the Fourth Amendment rights should not be included in the criminal prosecution against the defendant. Further, in Mapp v Ohio [1961] 367 US 643, the Supreme Court held that the exclusionary rule is applicable to the states. Furthermore, the decision in Miranda v Arizona [1966] 384 U.S. 436 established that the exclusionary rule is applicable to self-incriminatory statements that have been obtained improperly, resulting in contravention of the Fifth Amendment. The Fourth Amendment and the Exclusion rule The Fourth Amendment under the US Constitution was enforced with the objective of ensuring security of every person in his or her respective homes. The underlying principle of this amendment is that each mans castle is his home and every man is safeguarded from arbitrary and illegal police arrests (Kerr, 2016). The Fourth Amendment ensures that no person is subjected to unreasonable seizures and searches of their respective properties by the US government. This Constitutional amendment is based on the law regarding stop-and-frisk, search warrants and any other forms of safety inspections, wiretaps etc. the Fourth Amendment is fundamental to privacy law and other aspects of criminal law. This legal provision stipulated under the Fourth Amendment aims at safeguarding the privacy right of the people by deterring unnecessary and illegal intrusion from the US Government. In other words, the Fourth Amendment does not ensure safety for search and seizures that the governmental officials carry out legally and on a valid legal ground. Therefore, in order to claim contravention of the Fourth Amendment, the court shall determine whether such intrusion has violated any of the rights of the claimant, where the claimant expected privacy and such intrusion has violated the privacy right. Significance of the Exclusionary rule The introduction of the exclusionary rule in the Fourth Amendment has been made to deter police misconduct and enables the courts to exclude admissibility of any incriminating evidence during trial provided the defendant establishes that the evidence was obtained in violation of a constitutional provision (Kerr, 2016). This doctrine permits the defendants to challenge the evidence obtained illegally by initiating a pre-trial motion in order to suppress the evidence. However, if the court permits the evidence to be submitted during trial and the jury votes in favor of conviction, the defendant is entitled to prefer an appeal to challenge the correctness of the decision taken by the court regarding denial of the motion to suppress. Although the Supreme Court had established in Lockhart v Nelson [1988] 488 USS 33 that the defendant is not barred from the retrial, however, if the defendant is convicted in the second trial and the evidence suppressed by the applying the exclusionary rule is crucial to the prosecution. The doctrine of Fruit of the Poisonous Tree This legal doctrine Fruit of the Poisonous tree states that an evidence obtained through illegal search, seizure, interrogation or arrest is not admissible before the court as the evidence is tainted due to the illegal method in which it has been obtained. In other words, this doctrine is considered as a companion to the exclusionary rule, as this doctrine not only excludes evidence from trial that has been obtained in contravention of the Constitution but it also excludes any other evidence that has been obtained through the illegal search or seizure (Kerr, 2016). For instance, police put a wiretap on a drug-dealers phone without obtaining any warrant for the same. Now, the suspect discloses that he has drugs hidden under a dumpster and the buyer picks it from the dumpster. The police finds the place and seize the drugs and such illegal phone calls shall not be admissible to the court which is signified as the poisonous tree and the drugs seized as the outcome of the illegal phone call shall not be admissible either as it is signified as the fruit of the poisonous tree. Exceptions to the Exclusionary Rule Although the rationale behind the establishment of the exclusionary rule is to deter the law enforcement officers from conducting illegal searches and seizures contravention of the Fourth amendment, thus, providing remedies to the defendants whose rights have been infringed. However, since this doctrine is a court made rule unlike an independent constitutional right, hence, courts have provided with exceptions to the application of this rule. The exceptions are enumerated as below: Good faith- if a police officer relies on search warrant and collect evidence but such search warrant turns out to be invalid, under such circumstances, the evidence shall not be excluded from being admissible (Kerr, 2016). This exception as established in the landmark case United States v Leon [1983] 104 S Ct. 3405 and in Arizona v Evans [1995] 514 US1. Further, in the case Illinois v Krull [1987], the court held that evidence is admissible if the officers rely on nay statute that has been later repealed. Furthermore, in Herring v US [2009], the Court found that the good faith exception should be applicable against the exclusionary rule when the police employees mistakenly failed to maintain warrant database records. Doctrine of Independent source- any evidence that has been excluded initially for being obtained illegally may be later admissible provided the same evidence has been obtained after lawful seizure or search. This exception was established in the case of Nix v Williams [1984] for the first time and then this rule has been interpreted in Murray v US [1988]. Doctrine of Attenuation under circumstances where the challenged evidence and the unconstitutional conduct is not directly related and attenuated, the evidence shall become admissible as was established in Utah v Strieff [2016] and Brown v Illinois [1975]. The court shall determine three essential factors to apply this exception: presence of interference, temporal proximity and purpose of official misconduct. Doctrine of Inevitable Discovery in Nix v Williams it was established that any evidence discovered illegally shall be admissible if it is clear that such evidence would otherwise have been discovered even if the investigations were carried out lawfully. Evidence admissible for Impeachment- In Harris v New York [1971], the Supreme Court established that this exception shall be used as truth-detecting factor to avert perjury but such evidence shall be admissible only for impeachment and not to establish guilt. Conclusion From the above discussion, it can be inferred that the exclusionary rule that has been developed to allow the defendant to suppress certain evidences that are admitted against them on the ground that such evidence has been collected through illegal means and violates their rights guaranteed under the Fourth Amendment. A motion to suppress evidence is a request that is made by the defendant before the court to exclude such evidences from the trial proceedings for the illegal manner it has been obtained by the law enforcement officials (Kerr, 2016). The exclusionary rule has been subjected to limited applications as this rule merely deters the police officers from using illegal means to collect evidence and use it against the defendant, violating the legal provision of the Fourth Amendment and the rights of such defendants. If any police officers or law enforcement officers do not have a search or seizure warrant against any person, the rule prohibits such officers to search or seize any property of such person rendering such search or seizure as well as the evidence obtained through such illegal procedures as invalid and unlawful. The rule though safeguards the rights guaranteed to the people by the Fourth amendment but not the extent that justice cannot be administered. Reference list Arizona v Evans [1995] 514 US1 Boyd v United States [1886] 116 US 616 Brown v Illinois. [1975] 422 U.S. 590 Cole, S. C. (2015). De-Clawing Katz: Emerging Technology and the Exclusionary Rule.SMU Sci. Tech. L. Rev.,18, 47. Harris v New York [1971]. 401 U.S. 222 Herring v US (2009) 555 U.S. 135 Illinois v Krull (1987) 480 U.S. 340, Kerr, O. S. (2016). The Effect of Legislation on Fourth Amendment Protection.Mich. L. Rev.,115, 1117. Lockhart v Nelson [1988] 488 USS 33 Mapp v Ohio 367 US 643 Miranda v Arizona [1966] 384 U.S. 436 Murray v US (1988) 487 U.S. 533 Nix v Williams (1984),467 U.S. 431 United States v Leon [1983] 104 S Ct. 3405 Utah v Strieff (2016) 579 U.S. ___, 136 S. Ct. 2056 Weeks v United States [1914] 232 US 383
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