Recent orders
Professional Judgment
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Professional Judgment
Part A
As part of everyday activities, employees of an organization will be called upon to use their professional judgment in different situations. The article ‘What is Professional Judgment?’ by Deborah Cohen describes professional judgment as the ability to apply one’s experience, knowledge and skills to decide on the best course of action based on the law, as well as ethical and professional standards. According to Cohen, professional judgment is made of four building blocks which are knowledge, client input, experience and professional obligations (Cohen). Knowledge comes through training, both academic and professional. Most organizations have professional obligations that require them to ensure that they apply competence, safety and ethics in their practices which are dictated by laws and other professional standards. Experience has a lot of influence in professional judgment because a person can apply the information they have gathered over the years to decide what to do and also the possible outcomes. Client input means that feedback from clients help an individual or organization to come up with standards of professional judgment (Cohen).
Part B
Professional judgment is an integral part of organizational management. Every single day, employees and management are called upon to make decisions based on their professional judgment. A person must, therefore, have the necessary skills, knowledge and experience on which they can base their decisions. Professional judgment means they can be able to decide on the best course of action that will lead to a desired outcome. Running an organization becomes much easier when management can trust those under them to make professional judgments in line with the law, as well as ethical and professional standards. Because all organizations have a professional standard they are expected to adhere to, it is crucial that all members of the organization are well-versed in what is expected of them so that they can make the best judgments.
Works Cited
Cohen, Deborah. “What is Professional Judgment?” College of Dietitians. Retrieved from https://www.collegeofdietitians.org/resources/professional-practice/what-is-professional-judgment-(2015).aspx
The Fourth Amendment in the American constitution is considered part of the bill of rights
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1. The Fourth Amendment in the American constitution is considered part of the bill of rights and tends to ban unreasonable searches or seizures. Any warrant has judicially authorized and supported by possible cause. It all in 1963 when a man called Ernesto Miranda was arrested by the police for stealing around $8 from a bank employee and was taken to court and charged with armed robbery. Ernesto wrote a confession when he was in police custody admitting that he was guilty of robbery, kidnapping and rape of an 18 -year-old.After the robbery, his lawyers appealed after his conviction insisting that case Ernesto Miranda did understand the right to self- incrimination (Kernell and Gary,227).
2. The Miranda rights, termed as Miranda warning, are important and need to be read to an individual when arrested. Police or other law enforcement officers have to recite the warning to any person suspected to be a criminal to make sure their rights under the American constitution are protected. There is a Fifth Amendment that states that a person should not be forced to be a witness against oneself with the Sixth Amendment indicating a suspect right to having a legal counsel (Kernell and Gary 344).
3. The types of committees in the congress are Standing Committees, select committees, joint committees and conference committees. Standing committees are the most important type as they consider as well as shape many of the proposed laws. Standing committees conduct investigations involving the the Senate Banking Committee. Select Committees are provisionally formed for precise purposes, to study a certain issue and do not have draft legislation. Joint Committees have comparable purposes like select committees but constitute members of both the senate and the House. They are often established to carry out business between the two houses and help to focus public attention on main issues. Conference Committees are created especially in instances where there is a need for both the senate and the House to reconcile diverse versions of one bill (Kernell and Jacobson, 390).
4. An executive order is a directive given by the president who is considered the executive branch leader. The order is mostly used to direct specific tasks and actions to cabinet members, as well as executive officer. Other executive orders are recognized in the constitution especially when permissions is given by either the Senate and the House of Representatives. The orders arise from unstated constitutional in addition to statutory authority. When issued under a valid authority claim and printed in the Federal Register, then the executive orders might be considered constitutional (Kernell and Gary, 456).
5. The Pendleton Act, which is a federal law in America established rules as well as regulations regarding individuals to be employed and retain jobs in the federal government. The Act seemed to have shaped the public service environment. Presently majority of well educated in addition to well trained individuals have found gratifying profession in the Federal service. Presently, over 90percent of 2.8million employees employed by the federal service are al covered. The case is different from when the act came into force, which saw only 10 percent of 132,000 workers working for the government covered. The law is still in effect and has been helpful in bringing order in the Federal service (Kernell and Gary,500).
6. American Supreme hearing involves a case whereby a federal law issue falls in the federal courts jurisdiction. The types of cases heard by the Supreme Court are in a situation whereby the Lower Courts ignores the Supreme Court past decisions. In a situation where the lower court does not take into consideration a past Supreme Court verdict, then the court might decide to hear the case in order to correct the decision of the lower court, or overrule the court case without giving any judgement. On the other hand, the Supreme Court might decide to hear a case, which is considered important and of high public interest such as the Bush v. Gore, election case in 2000 (Kernell and Gary,550).
7. Public opinion is considered the aspect that tends to drive or even crush legislative efforts. Public opinion forces politicians to choose one political direction or the other and affects politics in different ways. A symbiotic rapport is evident in politics and public opinion as politicians take stands in what they believe is well-liked with their constituents (Kernell and Gary,600).
8. A political party is considered group of individuals seeking control of the government by ensuring they win elections and hold public offices. The major political parties function is to put together individuals who share similar ideologies or opinions about the government. Parties or groups often influence the government through election of its members. Madison did not acknowledge the idea of political parties and factions and he acknowledged the fact that partisan differences remained unavoidable in a free society. His fear was that the differences would lead to instability and injustice in the public councils. Madison notion on political parties was negative as diversity or competition arising from their formation would make it challenging for dangerous majorities to stay together if they decide to work together (Kernell and Gary, 570).
9. There is a close relationship between political parties and the Congress. Currently, the major parties in America, which are the Republican and Democratic parties, rule the political process. The two chief parties have control of the presidency, Congress, governorships as well as state legislatures. Every president from 1852 has either been a Republican or a Democrat, which shows the importance and relationship between political parties and the Congress (Kernell and Gary, 580)
10. Independent regulatory commissions are agencies, which are outside the main executive departments and responsible for making regulations aimed at protecting public interests. Environmental Protection Agency is one example of such agencies tasked with protecting the environment for future generations. The agency was formed in1970 with it’s objective being to control and reduce air water, noise, radiation, pesticides and toxic substances pollution (Kernell and Gary 598).
Work Cited
Kernell, Samuel, and Gary C. Jacobson. The Logic of American Politics. Washington, D.C: CQ Press, 2000. Print.
The Fourth Amendment Concepts In The Exclusionary Rule
The Fourth Amendment Concepts In The Exclusionary Rule
The fourth amendment is put in place to enforce the rights of citizens against unreasonable searches and seizures unless in the case of there being a probable cause and a warrant issued. The issues warrant is supported by oath or affirmation and it particularly describes the place to be searched and the person or things to be seized. A search is said to occur when those enforcing the law trespass on a person’s property, this can take many forms, for example when a phone is tapped, it is a trespass of privacy or even when a Global Positioning System, GPS, tracker is placed on the vehicle (Maclin, 2012).
The probable cause is a reasonable belief that an individual has, is or will commit a crime (Siegel, 2009). The belief must be based on facts and not suspicion. To determine probable cause the court must determine that a person with reasonable intelligence believes that a crime is being committed under the same circumstances (Siegel, 2009). Proving of a probable cause to a judge is the only way a law enforcement agent can get a search or arrest warrant. A warrant is a legal document that allows law enforcement authorities to search a person’s property and arrest a person (Maclin, 2012). Arrest is the act of holding a suspected criminal with the legal authority of a law enforcement officer. At the moment of arrest, the officer must read the arrestee their Miranda rights and either cite the person to appear in court or take him to jail (Maclin, 2012). If a search or arrest is made without a warrant then the officer must prove that there was a probable cause. The court in turn may suppress any form of evidence obtained without probable cause.
There are different categories of evidences that fall under probable cause. They include circumstantial evidence, which is based on an accumulation of facts that when looked at together implies that a crime has been committed (Del Carmen, 2009). Observational evidence is based on what the arresting officer is able to see, smell and hear. An officer may also use his expertise in order to gather evidence or evidence may also be obtained through information such as hearing a call on a police radio or receiving information from a confidential informant (Del Carmen, 2009). On the other hand, some sources of evidence are strong enough on their own. A police officer does not have to be absolutely certain that criminal activity is taking place to perform a search or make an arrest. Probable cause exists still when there is some doubt as to the person’s guilt. Seizure is where a person’s property is taken from them or themselves taken as evidence (Maclin, 2012). A person is said to have been seized only if physical force is used, the person’s freedom of movement is infringed, and in the circumstances surrounding the incident, a rational person would think he was not free to leave.
To establish a reasonable expectation of privacy, a person must establish two things: one is the fact that an individual has a subjective expectation of privacy and second, the subjective expectation of privacy is one that society is prepared to recognize as reasonable (Siegel, 2009). If either element is missing, no protected interest is established. A person does not have a reasonable expectation of privacy in activities conducted in a public area but when in his home it becomes applicable (Siegel, 2009). The online communications however have deterred the reasonable expectation of privacy regarding to the use of IP addresses for websites and the emails which can be accessed as they are not protected under the amendment (Del Carmen, 2009).
The stop and frisk concept occur when the police come across a suspicious person and do some limited search on their body, after asking questions so as to prevent a crime from happening (Del Carmen, 2009). The police usually asks questions and pat down the person. A stop involves a temporary interference with a person’s liberty, where if the officer uncovers further evidence during the frisking the stop may lead to an arrest, but if no further evidence is found the person is released (Maclin, 2012). Unlike a full search, a frisk is generally limited to a patting down of the outer clothing. If the police officer feels the person carries something like a dangerous weapon, then the officer becomes obliged to reach inside the person’s garments. If no such dangerous weapon is felt, the search may only be restricted to the outer clothing (Maclin, 2012). Stops and frisks were noted to be considerably less intrusive than full-blown arrests and searches. It is also observed that the interests in crime prevention and police safety require that the police have some breathing space to act before full probable cause has developed (Siegel, 2009). The Fourth Amendment’s reasonableness requirement is sufficiently flexible to permit an officer to investigate the situation. As long as an officer has reasonable suspicion, a stop and frisk is legal under the Fourth Amendment. This is to ensure the officer’s safety and those around; therefore, probable cause is not required for this.
References
Del Carmen, R. V. (2009). Criminal Procedure: Law and Practice. New York: Cengage Learning.
Maclin, T. (2012). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. London: Oxford University Press.
Siegel, L. (2009). Introduction to Criminal Justice. New York: Cengage Learning.