Criminal Procedure in Regards to Search and Seizure Essay

Criminal Procedure in Regards to Search and Seizure - Essay Example Through the study of the differences between two cases that set precedent for the decision of State v. Randolph (2002) in Tennessee, including California v. Hodari D. (1991) and United States v. Mendenhall (1980), these circumstances will be addressed. Also discussed within this paper will be how these decisions impact both law enforcement officers in trying to carry out the duties of their jobs, and how those same decisions can affect those with mental health conditions when faced with search and seizure circumstances. Response Paper Number One: Criminal Procedure in Regards to Search and Seizure Differences in the Decisions Between California v. Hodari D (1991) and United States v. Menedenhall (1980) In the case of State v. Randolph (2002), as reviewed in the Memphis Law Review by Brent A. Heilig, the main issue to be dealt with is, in broad terms, the search and seizure of citizens. Though this practice, according to Mr. Heilig, is supported by Article I, Section 7 of the Tennesse e State Constitution, as well as the Fourth Amendment of the United States Constitution, it is frequently questioned and cited throughout the case. For purposes of precedent, as with most legal cases, two previously decided cases were given for comparison, United States v. Mendenhall (1980) and California v. Hodari D. (1991). ... Mendenhall (1980), the Supreme Court concluded that if a person believed they were free to leave at any time, they were not seized. This is fairly straightforward. If a person believes that they are not free to leave an area before, during, or after being detained by law enforcement, they have been seized. If they believe that they are free to leave, they are not. However, in the case of California v. Hodari D. (1991), the Supreme Court ruled that a person was not considered â€Å"seized† unless some form of physical restraint was directed at an individual by an officer, or the individual has yielded to some form of authority shown, thus introducing a subjective element. Even the wording of the California v. Hodari D. (1991) decision is subjective; while a â€Å"form of physical restraint† can be interpreted fairly easily, as law enforcement officers have such means at their disposal, the term â€Å"show of authority† cannot. It is not defined, exactly, what a sh ow of authority is, whether it is calling for a suspect to halt, activating flashing lights on a patrol car, or simply showing some form of identification as a law enforcement officer. Regardless, the main point is that if they do not submit, they are not considered seized. The second main difference highlighted between the two decisions is that instead of moving in a broader direction as far as seizure parameters were concerned, California v. Hodari D. (1991) moves in the other direction completely. As per United States v. Mendenhall (1980), all that is required to define a seizure is the belief by a person that they are not free to go. This defines a broach scope of seizure, and sets a precedent for future cases that can easily be applied. By its very nature, the phrase â€Å"not free to leave† can

Media and communication theories Essay Example | Topics and Well Written Essays - 4000 words

Media and communication theories - Essay Example The rate of online literacy is increasing day by day. People find different ways of communication. We send SMS messages, we leave the messages on answering machine if the person is not available on phone, we use search engines for surfing, we use scanners, and we create the websites, we communicate via mails to any person. The person from one corner of the world can easily chat with another person sitting at the other corner of the world just through the medium of the computer and internet. The person can share his opinions before the huge mass through blogs, website, pictures, and emails. The new media has occupied almost all the fields. It is the traditional media who sew the seeds of democracy among the people and it is the new media who taught the audience how to become democratic in real sense. Thus the audiences have become active and participative. Here in this paper the main focus is on the role of audience in media production as well as media consumption Communicating the huge mass or creating good rapport with the people has been the major need since ancient time. In ancient time the kings use to propagate themselves through the contemporary traditional media such as sculptures or by building monuments. In ancient India for example the Emperor Ashoka’s rock edicts and pillar inscriptions are the examples of the ruler’s attempt to communicate with the large number of people. The Roman rulers used wall posting including the imperial dicta to inform the public. They were types of news bulletins and were known as Acta Diurna (Daily Acts). Some historians considered them as the first newspapers. On the onset of industrialization the invention of the printing press changed the entire scenario and the newspapers started publishing and thus they became the major source of information for the people. Theatre and other performing arts also played the role of