Recent orders
Criminal Justice-Police search
CRIMINAL JUSTICE
Name
Institution
This case was presented in 1968 where the supreme court of the United States made a landmark decision. The court passed a judgment that the fourth amendment, which protects citizens from being searched and seized without any police warranty, is not violated whenever a police officer subjects a suspect to search in the streets. A police officer can search a person in the streets without any likely cause for arrest if the police officer has suspicion that the person might be in the process of committing a crime, is going to commit a crime or has already committed a crime. The police can also do this if he suspects that the suspect has a weapon in his possession and, therefore, dangerous to the public CITATION Ame95 l 1033 (America Civil Liberty Union, 1995). The suspicion must have a base on solid facts rather on a personal hunch. The reasonable doubt should come from solid, reasonable and specific facts. This action by the police is commonly known as ‘stop and frisk’ or ‘Terry frisk.’ The court based on the ruling that the fourth amendment law was to protect citizens from unreasonable searches and seizures with the aim of gathering evidence rather than searches for the prevention of crime CITATION Jer11 l 1033 (Byellin, 2011).
On the 31st of October, a detective named Martin McFadden noticed that two men were studying a particular window on the street suspiciously. The two men were later identified as Richard Chilton and John W. Terry. The detective was famous for apprehending pick-pockets and arresting them. He noticed that the two men alternated in checking out the building through the same window though they used different routes to do so. After each round, the two men would meet at the corner and discuss in low tones. The two men continued with this cycle for about five times. After doing the rounds, another man by the name Katz joined the duo, discussed something and then left them. McFadden went after them for a few blocks where they met again with the third man CITATION Leg92 l 1033 (Legal Information Institute, 1992).
The detective approached the men and informed them that he was a police officer and requested for their names. The men did not tell him but rather mumbled incoherent words. At this point, the detective held Terry and discovered that he had a gun in his possession. He got out the gun and ordered the three men to turn around lifting their hands back up in their air where he could see them. He also removed a gun from Chilton’s pockets. He arrested the two men and left Katz since he did not have any weapon in his possession. Richard and Terry were charged with carrying concealed weapons. CITATION Chi051 l 1033 (Chicage Kent College Of Law, 2005).
The lawyers of the suspects posited that the search was equal to violation of the fourth amendment law. The court however did not accept the prosecution’s argument that the aim of seizing the weapons was to stop a crime from happening. The court agreed that the guns were, however, reasonable evidence that the men were about to commit a crime. The court believed that the detective had the right to check their outer clothing because he had enough reason to believe that they were armed. The court differentiated between an investigatory stop and a frisk for weapons. The two men were found guilty. This decision was further upheld by the Appellate court and the supreme court of Ohio CITATION Jer11 l 1033 (Byellin, 2011).
One judge said that the fourth amendment rule was meant to protect citizens and not places he decided that Terry’s rights had been violated but only to a certain extent. This was the opinion of Chief Justice Warren. The procedure commonly known as the terry frisk has elicited different reactions from different people CITATION Jer11 l 1033 (Byellin, 2011). Officers argue that they require some level of freedom when they are patrolling the streets so that they can be able to combat crimes effectively. However, some people feel that the police are not justified since the police are likely to use the rule for their benefit or that they may end up harassing innocent citizens. The court however looked at the issue from a different viewpoint. It looked at the evidence that the police had presented to the court, and the exclusionary rule was given to the state police officers CITATION Leg92 l 1033 (Legal Information Institute, 1992).
Therefore, the question of the court was if the exceptions that the police were given were not leeway for them to harass citizens and not if the frisk was inappropriate. The judge commented that in any case which required the use of the exception rule, all the limitation should b4e carefully thought out and considered. Complaints by the minority groups, Latinos and African Americans, who are commonly harassed by the police officers, will not be controlled if evidence is not used in court. Yet if the rule is carried out without any concerns, people will end up being frustrated in the name of preventing crime. The rule is to be used sparingly to ensure that it is fair to the people and at the same time uphold morality in the society.
In order to address these concerns, the court asked if at all times it was not reasonable for a policeman to corner a person and subject them to a search unless there is a likely reason to arrest. The court first had the responsibility of determining exactly what is a search and when was a person being searched. The court did not agree that the terry frisk would constitute a search and seizure and, therefore, the fourth amendment did not fully apply to the citizen. However, it agreed that some police action that could constitute a seizure. When the police arrested Terry, he seized him and searched him. This is what the fourth amendment aims to protect against this. However, the fourth amendment only serves when the search is unreasonable. The court had a duty to decide if the seizure was unlawful CITATION Jer11 l 1033 (Byellin, 2011).
The court argued compared it to the activity that would normally warrant an arrest. The police officer must give out facts and reasons why a person is being prosecuted. In a situation where there is a warrant of arrest, the police officer would be required to present the facts to the judge before searching and seizing the suspect CITATION Ame95 l 1033 (America Civil Liberty Union, 1995). A policeman’s hunch is not considered a reason enough to search and seize a citizen. If the police merely acted on their instincts then the protection that the citizens are granted by the fourth amendment rule would be non-existent. The reason has to be in the best interest of the state and must be towards prevention of crimes. It was necessary for the police to realize that even though they may start out their searches with reasonable doubt, they may end up being illegal owing to the intensity and coverage. All these conclusions led to the court believing that the detective was justified in frisking Terry. CITATION Chi051 l 1033 (Chicage Kent College Of Law, 2005).
References
BIBLIOGRAPHY America Civil Liberty Union. (1995, October 31). Police Practices on the Docket. Retrieved June 13, 2014, from America Civil Liberty Union: http://www.acluohio.org/cases/terry-v-ohio
Byellin, J. (2011, June 10). Legal Research. Retrieved June 13, 2014, from Thomsons Reuters: http://blog.legalsolutions.thomsonreuters.com/legal-research/today-in-1968-terry-v-ohio-creates-the-terry-stop/
Chicage Kent College Of Law. (2005, July 2012). OYEZ. Retrieved June 13, 2014, from Chicago-Kent College of Law: http://www.oyez.org/cases/1960-1969/1967/1967_67
Legal Information Institute. (1992, January 14). Cornell University Law School. Retrieved June 13, 2014, from Legal Information Institute: http://www.law.cornell.edu/supremecourt/text/392/1
30 Million Uninsured Americans
30 Million Uninsured Americans and proposed solution
Author
Institution
Introduction
The importance of insurance and especially medical insurance cannot be gainsaid as far as safeguarding the health of the nation is concerned. Indeed, it is recognized that health insurance lowers the cost that an individual would incur in case he or she suffers from an ailment or is admitted in hospital. However, recent trends pertaining to the uptake of insurance have been worrying. Research shows that there has been a consistent increase in the number of uninsured Americans with studies showing that 16 million, 29 million, and 30 million Americans had no insurance cover in 2003, 2010, and 2012 respectively (Fitzgerald, 2013). This has been mainly attributed to the relatively high cost of insurance, which makes it impossible for individuals to afford insurance policies. This underlines the fact that any strategy that aims at increasing the uptake of insurance in the United States would have to target the affordability of insurance policies.
Proposed solutions
According to Ferrara (2010) reforming Medicaid is the preliminary step towards the reduction of the number of uninsured Americans. This is especially considering the substandard coverage that Medicaid has been providing since its inception to the more than 50 million Americans. In this regard, the United States Congress must take proactive and comprehensive measures that would enhance the uptake of coverage. This would not only involve a reduction in the cost of insurance but also policies that would require individuals to take up medical insurance. The reforms will require the congress to transform Medicaid to assist Americans who cannot afford insurance cover in private health insurance. This will be accomplished by the use of health insurance vouchers and federal assistance block grants.
Indeed, different political parties have offered different proposal aimed at increasing the uptake of insurance by Americans. Republicans have vouched for market based solutions, where Americans would go for the cheaper health insurance policies that the market provides (Karen, 2007). This means that the companies would be competing on the basis of cost, which would essentially result in healthcare insurance cost reduction. Democrats, on the other hand, have proposed that public-based programs and employer-based coverage be expanded and strengthened through reinvestment of the gains derived from enhanced efficiency resulting from synchronization between results and incentives.
Obama medical reforms involve compulsive legal measures that would pressure uninsured Americans and insurance companies. They aim at decreasing the number of uninsured Americans through putting pressure on insurance companies and managed care plans to extend their coverage to individuals with preexisting conditions (Karen, 2007).
Obama care (Affordable Care Act) seems to have followed this strategy, especially considering that the federal government is bound to subsidize premiums so as to reduce the cost of health insurance, while still requiring all people to have health insurance. Such policies have been found as extremely effective in decreasing the number of uninsured Americans (Russell & Cohn, 2012). Studies on the effectiveness of customized Affordable Care Act in varied states show that it would decrease costs. Louisiana and New Mexico are projected to have a decline in their premiums by 2016 (Russell & Cohn, 2012). As much as some states such as Texas, South Carolina, Florida, Pennsylvania and Kansas are projected to have an increase in their premium by up to 43%, the increase is bound to be offset by federal tax credits.
On the same note, this strategy is projected to result in an increase in the number of insured Americans in the small group market. Scholars project that the small group coverage would increase by 5% in the entire United States, with research carried out on seven states including Ohio, New Mexico, South Carolina, Louisiana, South Carolina, Minnesota, Kansas, Texas and North Dakota showing a projected increase by about 7% (Russell & Cohn, 2012).
References
Ferrara, P. (2010, February 15). A real solution for covering the uninsured. Fox News Network LLC. Retrieved September 11, 2013 HYPERLINK “http://www.foxnews.com/opinion/2010/02/15/peter-ferrara-obama-health-care-reform-medicare/” http://www.foxnews.com/opinion/2010/02/15/peter-ferrara-obama-health-care-reform-medicare/
Fitzgerald, K. (2013, May 9). Millions of Americans still without adequate insurance survey shows. Bexhill-on-Sea: MediLexicon International Limited. Retrieved September 11, 2013 from HYPERLINK “http://www.medicalnewstoday.com/articles/259748.php” http://www.medicalnewstoday.com/articles/259748.php
Karen, D. (2007, February 16). Uninsured in America: Problems and possible solutions. The Commonwealth Fund. Retrieved September 11, 2013, from HYPERLINK “http://www.commonwealthfund.org/Publications/In-the-Literature/2007/Feb/Uninsured-in-America–Problems-and-Possible-Solutions.aspx” http://www.commonwealthfund.org/Publications/In-the-Literature/2007/Feb/Uninsured-in-America–Problems-and-Possible-Solutions.aspx
Russell, J & Cohn, R (2012). Patient protection and affordable care act. S.l.: Book On Demand Ltd.
Developed Technology For Ambulance To Communicate To Hospitals
Developed Technology For Ambulance To Communicate To Hospitals
Student’s Name:
Institutional Affiliation
DEVELOPED TECHNOLOGY FOR AMBULANCE TO COMMUNICATE TO HOSPITALS
Introduction
In Emergency Medical Services communications (EMS) has been compared aptly with the higher organisms nervous system. Messages of varying complexity are transmitted through the communications systems of the EMS Systems such as ambulance or rescue services, and departments that deal with emergencies, to affect their response in situations of emergency. During periods of emergency, the response may be altered or augmented in accordance with the kind of new information received through the systems of communication. The EMS response efficiency is largely dependent on the EMS network communication among its various components. A well integrated and efficiently planned communication system, with landline or direct radio access to all its main components will provide result in minimal response times and most rapid transmittal of messages among components. For an EMS system communications is very important from both a legal and medical standpoint. Acceptable, controls and medical practices emergency department care and pre-hospitals, through the medical profession get essentially developed.
Proposed Massachusetts EMS Communications Plan
The proposed technological plan that would allow the ambulances in the New Havenregion to communicate with hospitals effectively would be one modeled after the pattern adopted by the Massachusetts EMS Communications Plan, for improving the communication systems. Through this plan of a more statewide standardized statewide medical emergency network it will help improving EMS communications. It will provide common use, direction and system design perimeter for the systems implementation. It is not intended on dictating or restricting local EMS implementation and development. EMTs with the right solutions could be used to transmit (EKG) electrocardiogram results from the hospital to the ambulance in order to adequately arrange for the catheterization group in the hospital for an incoming patient. It also in other ways could via a HD videoconferencing or a secure voice-over-IP consult with a neurologist to administer rapid interventions and help assess possible stroke symptoms. Ambulances in some cases are also in the best position could provide other emergency teams with key information. For example, geo-tagged video feeds or data locations of the ambulance can be used by fire personnel, police and other respondent emergencies as they approach another crisis or accident
(Gonzalez, Cummings, Phelan, Mulekar & Rodning, 2009).
Estimated capital for implementation
The estimated capital cost of the plans implementation would be estimated to range from 60 -120 million dollars. Since the communication telecommunication systems development form the agency lead of the health institutions. With the plans completion, the financial plans development for the agencies conversion over trunking, will be a participating organizations priority. The systems cost has 3 main aspects namely the, subscriber units, Backbone, and fixed equipment. The components of the backbone include; systems interconnect equipment, antenna systems, the network management system and new transmitter sites. Subscriber units include; portable field radios and mobiles that all agencies participating use. Fixed equipment includes; control stations and dispatch consoles (Erkut, Ingolfsson, & Erdoğan, 2008).
Challenges in the plan implementation
Failures in the EMS Communications plan implementation are like the plan not being integrated effectively in the current work policy. Despite the governments continual initiatives, such as strategic framework for public services in the information age or the new e-government strategy, the proposed model success rate would still be low. Improving and implementation of changes to the NHS, EMS proposed model success rate by managing and better understanding the risks involved in the implementation. The model projects under-management is also another challenge that considering the IT size, history and expenditure of disappointed expectations is considered. This implementation is vital to the NHS in general since its entire proposed model has continued to face this specific documented failure.
The plan benefits
The implementations benefits, include facts like ease of resource allocation, information sharing, collaboration among emergency medical services (EMS), communication, and emergency departments (EDs) of ensures that the emergency department is aware of the patient’s pending arrival and hospitals provides physician access. In coordinating, EMS response to Mass Casualty, patient distribution and mass casualty incidents from the scene to the hospital. To the coordination of communications between hospitals, ambulance and ultimately contributes to optimal patient care CMED is very crucial in the processes. This type of model and technical design provide communications over a varied and wide geographical region while minimizing radio frequency congestion. A standard antenna and ambulance radio that operates on the UHF medical channels can access the system with adequate communications quality and the entire region with adequate communications quality (Hill, Merchant, & Ungar, 2013).
Possible alternatives to the plan
Other forms of alternative communications that would be used incase the proposed EMS Communications plan fails either due to topographic or geographic considerations include the evaluation of the proposed communication system as used for endorsing specific methods of communication and medical control as specified by REMAC. The forms of alternate forms of communication include; cellular telephones which may be either recommended for replacement or redundancy of current conventional systems whenever appropriate. Whenever the REMAC initiatives are present the actual communications reflect protocols capabilities in actual communication; it has been demonstrated that the conventional systems provide for medical control in the event of communications failure or inadequate coverage. Where hand held devices are used for an EMS service or provide communications the devices should be connected to a system antenna fixed at the back of the vehicle, and on the other hand the device should be able to be used through the electrical power system included in the vehicle. Such devices may work as back up for alternative forms of communication systems. It should be noted that all hand held communications devices in all cases, should be kept at least 3 feet away from implant patients that use pacemakers, or any medical device while in use (Newgard, Schmicker, Hedges, Trickett, Davis, Bulger, and Nichol, 2010).
Possible implementation to the plan
Best practices currently using the communication model being advocated for include the central medical emergency direction (CMED) from Worcester that depends mainly on strategically located network of radio towers located throughout (EMS Region II) of Central Massachusetts. CMED via portable/mobile radio and ambulance personnel contact through these requests and towers form a connection in the communications that enable them to effectively provide to the emergency department patient information. Through the entry information notification the staff in the hospital can adequately prepare for the forthcoming patients. In addition through the CMED the EMTs can communicate when a physician needs argent emergency medical control orders. The role of the CMED in communication coordinating for (MCI) mass casualty incidents is effective and instrumental in incident management. The adequately coordinated distributions of patients to area hospitals limit any possible confusion on the effects and scene of a patients surge in the hospital. For the appropriate coordination of communications between hospitals, ambulances and ultimate contributors the CMED is critical for the implementation since it contributes directly to patient care improvement (Morton & Wiedenbeck, 2010).
Conclusion
Through the above analysis improvement and understanding of the EMS system can be achieved. This includes research into EMS responder standards, EMS equipments and EMS communication protocols with each EMS system components. Current EMS traffic preemption, EMS dispatch process and ambulance warning systems are also adequately researched. Information of EMS system and data of emergency call volumes in EMS and other countries associated with solutions and associated accidents.
This proposed framework for solutions serves to improve the response and response time. The results of the simulation are given to produces a physically accurate prediction and show how the model quantifies the delay factor mentioned above accurate prediction of an average ambulance response time.
Reference
Erkut, E., Ingolfsson, A., & Erdoğan, G. (2008). Ambulance location for maximum survival.
Naval Research Logistics (NRL), 55(1), 42-58.
Gonzalez, R. P., Cummings, G. R., Phelan, H. A., Mulekar, M. S., & Rodning, C. B. (2009).
Does increased emergency medical services prehospital time affect patient mortality in rural motor vehicle crashes? A statewide analysis. The American Journal of Surgery, 197(1), 30-34.
Hill, S., Merchant, R., & Ungar, L. (2013). Lessons Learned About Public Health from Online
Crowd Surveillance. Big Data, 1(3), 160-167.
Morton, M. E., & Wiedenbeck, S. (2010). EHR acceptance factors in ambulatory care: a survey
of physician perceptions. Perspectives in health information management/AHIMA, American Health Information Management Association, 7(Winter).
Newgard, C. D., Schmicker, R. H., Hedges, J. R., Trickett, J. P., Davis, D. P., Bulger, E. M., … &
Nichol, G. (2010). Emergency medical services intervals and survival in trauma: assessment of the “golden hour” in a North American prospective cohort. Annals of emergency medicine, 55(3), 235-246.