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Midterm Essay
Midterm Essay
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Midterm Essay
7. Considering all those who could be affected, is it an overall benefit or detriment for the rights of everyone in the country if a court is able to use a) the ‘exclusionary rule’ and the b) ‘fruits of the Poisonous Tree doctrine’ to exclude illegally obtained evidence?
Introduction
The exclusionary rule is a legal rule that bars the use of evidence that was obtained in violation of the defendant’s constitutional rights. The rule is based on the principle that the ends do not justify the means; even if the evidence obtained would be reliable and probative, it cannot be used if it was obtained in a manner that violated the defendant’s constitutional rights. On the other hand, the fruits of the poisonous tree doctrine is a legal doctrine that bars the use of evidence that was obtained as a result of evidence that was obtained in violation of the defendant’s constitutional rights. The doctrine is based on the principle that the fruit of the poisonous tree is tainted and cannot be used. In light of this, the purpose of this essay is to show that, putting in mind all those who could be affected, it is an overall benefit for the rights of everyone in the country for the court to use both the ‘exclusionary rule’ and the ‘fruits of the Poisonous Tree’ doctrine.
The Exclusionary Rule
The exclusionary rule is a legal rule that prohibits the use of evidence that was obtained in violation of a person’s constitutional rights. The rule is based on the principle that the government should not be allowed to benefit from its own illegal actions. The exclusionary rule is a vital part of the American constitutional system of justice. It ensures that the government is held accountable for its actions, and it protects the rights of individuals. Without the exclusionary rule, the government would be able to violate people’s constitutional rights with impunity.
The exclusionary rule has a number of important benefits. First, it deters the police from violating people’s constitutional rights. If the police know that the evidence they obtain will not be admissible in court, they are less likely to engage in illegal searches and seizures. Second, the exclusionary rule ensures that the government is held accountable for its actions. When the government is forced to exclude evidence that it has obtained illegally, it is less likely to engage in illegal conduct in the future. Third, the exclusionary rule protects the rights of individuals. By excluding evidence that was obtained in violation of our constitutional rights, the rule ensures that our rights are not violated with impunity.
It would be good to note that, the exclusionary rule is not without its critics. Some argue that the rule protects the rights of criminals, rather than the rights of innocent citizens. Others argue that the rule is unnecessary, because the police will not engage in illegal conduct if they know that the evidence will not be admissible in court. However, these arguments fail to take into account the important benefits of the exclusionary rule. The exclusionary rule is a vital part of our constitutional system of justice. It ensures that the government is held accountable for its actions, and it protects the rights of individuals. Without the exclusionary rule, the government would be able to violate our constitutional rights with impunity.
Should the Courts be Allowed to Use the Exclusionary Rule to Exclude Illegally Obtained Evidence?
Overall, the exclusionary rule is a legal principle that prohibits the use of evidence that has been obtained in violation of a person’s constitutional rights. The purpose of the exclusionary rule is to deter law enforcement officials from violating a person’s constitutional rights and to protect the integrity of the judicial system. The exclusionary rule is not a constitutional provision, but rather a rule of evidence that is applied by courts. There are several exceptions to the exclusionary rule, including the good faith exception and the inevitable discovery exception. The good faith exception allows evidence to be admitted even if it was obtained in violation of a person’s constitutional rights, if the law enforcement officials who obtained the evidence acted in good faith. The inevitable discovery exception allows evidence to be admitted even if it was obtained in violation of a person’s constitutional rights, if the evidence would have been discovered even if the constitutional violation had not occurred.
In light of the above, the exclusionary rule is a controversial legal principle, and there is much debate over whether or not it should be used to exclude evidence that has been obtained illegally. Some people argue that the exclusionary rule is necessary to protect the constitutional rights of defendants, and to deter law enforcement officials from violating those rights. Others argue that the exclusionary rule is an unnecessary burden on the judicial system, and that it prevents prosecutors from presenting evidence that is necessary to convict criminals. There is no easy answer to the question of whether or not the exclusionary rule should be used to exclude evidence that has been obtained illegally. However, it would be prudent to note that the rule is an important legal principle, and it should be used to protect the constitutional rights of defendants and to deter law enforcement officials from violating those rights. For this, among other reasons, courts should be allowed to the rule to exclude illegally obtained evidence.
The Fruits of the Poisonous Tree Doctrine
The Fruits of the Poisonous Tree doctrine is a legal principle that holds that evidence that is obtained from an illegal or improper source is not admissible in court. The rationale behind this doctrine is that if the evidence is obtained through illegal or improper means, then it is not reliable and should not be used to convict a person of a crime. There are two types of evidence that can be affected by the Fruits of the Poisonous Tree doctrine: real evidence and testimonial evidence. Real evidence is physical evidence, such as a weapon or a piece of clothing. Testimonial evidence is evidence that is given by a witness, such as testimony given in court or a statement given to the police. The Fruits of the Poisonous Tree doctrine can apply to both direct and indirect evidence. Direct evidence is evidence that directly proves a fact, such as a witness who saw the defendant commit a crime. Indirect evidence is evidence that does not directly prove a fact, but can be used to infer a fact, such as a witness who saw the defendant with a gun shortly before the crime was committed.
The Fruits of the Poisonous Tree doctrine is not a blanket rule that automatically excludes all evidence that is obtained through illegal or improper means. Rather, it is a rule of thumb that is used by courts to determine whether or not evidence should be admitted. There are several factors that courts will consider when determining whether or not to apply the Fruits of the Poisonous Tree doctrine, including the seriousness of the illegality or impropriety, the closeness of the connection between the illegality or impropriety and the evidence, and the probative value of the evidence. In some cases, the Fruits of the Poisonous Tree doctrine may be overcome by the doctrine of inevitable discovery. The doctrine of inevitable discovery holds that evidence that would have been discovered even if the illegal or improper conduct had not occurred is admissible in court. This doctrine is based on the idea that the evidence would have been discovered eventually, even if the illegal or improper conduct had not occurred. The Fruits of the Poisonous Tree doctrine is a legal principle that is designed to protect the rights of the accused. The doctrine ensures that evidence that is obtained through illegal or improper means is not used to convict a person of a crime. The doctrine is not a blanket rule, but is a rule of thumb that is used by courts to determine whether or not evidence should be admitted. The doctrine may be overcome by the doctrine of inevitable discovery in some cases.
Should the Courts be Allowed to Use the Fruits of the Poisonous Tree Doctrine to Exclude Illegally Obtained Evidence?
Overall, the “fruits of the poisonous tree” doctrine is a legal rule that says evidence that is obtained from illegal or improper police conduct is not admissible in court. The doctrine is based on the idea that if the police obtain evidence through illegal or improper conduct, then that evidence is “tainted” and should not be used to convict a person of a crime. The doctrine is based on the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures. The Fourth Amendment requires that searches and seizures be conducted in a manner that is reasonable and that they be supported by a warrant.
If the police conduct a search or seizure in an unreasonable manner, or without a warrant, then the evidence that is obtained from that search or seizure may be “tainted” and not admissible in court. The “fruits of the poisonous tree” doctrine is an important rule that helps to protect against illegal or improper police conduct. The rule ensures that evidence that is obtained through illegal or improper police conduct is not used to convict a person of a crime. The rule is based on the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures. Bearing the above reasons in mind, then the courts should use the fruits of the poisonous tree doctrine to exclude any illegally obtained evidence.
Conclusion
This paper has argued that the exclusionary rule and the fruits of the poisonous tree doctrine are two important tools that courts should use to exclude evidence that was illegally obtained. Both of these doctrines serve to protect the rights of individuals and to ensure that the government does not abuse its power. The exclusionary rule prevents the government from using evidence that was obtained illegally. This rule is important because it deters the government from engaging in illegal activities and ensures that individuals are not convicted based on evidence that was obtained unlawfully. The fruits of the poisonous tree doctrine prevents the government from using evidence that was obtained as a result of illegal activity. This doctrine is important because it ensures that the government cannot benefit from its own illegal actions. Overall, the exclusionary rule and the fruits of the poisonous tree doctrine are beneficial for the rights of everyone in the country. These doctrines protect individuals from government abuse and ensure that the government is held accountable for its actions, and, therefore, the courts should use them accordingly.
References
Gan, Yuting, Discussion on Regulation of Illegal Evidence Exclusion, 2017 International Conference on Economics and Management, Education, Humanities and Social Sciences (EMEHSS 2017), Atlantis Press, (2nd edn, 2017), 43.
Gless, Sabine, and Laura Macula, Exclusionary Rules—Is It Time for Change? Do Exclusionary Rules Ensure a Fair Trial? (3rd edn, 2019), 349.
Gless, Sabine, Protecting human rights through exclusionary rules? Highlights on a conflict in criminal proceedings from a comparative perspective, Justice Without Borders, Brill Nijhoff, (2018), 159-179.
Turner, Jenia Iontcheva, and Thomas Weigend, the purposes and functions of exclusionary rules: a comparative overview, Do Exclusionary Rules Ensure a Fair Trial? (2019), 255-282.
Midterm Assignment For HRM
Midterm Assignment For HRM
Student’s Name
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Midterm Assignment For HRM
Introduction
Every person requires a coach, whether a bridge player, a tennis player, an employee or even a leader, to ensure feedback. Coaching in the organization is a successful way of setting the existing employees for success; this is due to coaching primarily aimed at providing employees with the tools they require to improve their skills and increase their knowledge. Organizational coaching aims at systematic change in the company (Bozer & Jones, 2018). However, change can result in several problems where people are required to develop and achieve goals; simultaneously, they must handle issues caused by change. Coaching in an organization is crucial and can be a stepping-stone for corporate change, even at the gaping level. Hence, with coaching being an essential element in all organizations, it can shift the company’s cultural tendency for change and direction.
Question 1
As the human resource (HR) manager, I would conduct a qualitative research approach to determining how to talk to Jane concerning her coaching. A research approach refers to a procedure and a plan for research that involves the steps from a broad assumption to comprehensive methods of interpretation, analysis, and data collection. Hence, the plan to approach Jane will involve several decisions that do not necessarily need to be obtained in the manner in which they are sensible to me. The qualitative research will best suit the research concerning how to approach Jane successfully because it is an approach for understanding and exploring the meaning groups or people ascribe to a human or a social problem (de Haan, 2019). The qualitative research process involves emerging procedures and questions, data analysis practically established to general themes from particulars. The research process for determining how to talk to Jane will also include data typically gathered in the participant’s setting, that is, the executive level, as she is the organization’s vice president.
Question 2
Moreover, after conducting the qualitative research, I will approach Jane concerning her coaching; this is because it is essential to inform her about the coaching to avoid any conflict that may arise while sending staff to coach her. Also, informing Jane on the coaching, specifically at the executive (executive coaching), will be significant in preparing her for her development as an individual. It will also be essential to approach Jane on the coaching concern to explain the benefits she will acquire from being coached.
Question 3
Nevertheless, having jane coach will result in several pros and cons. The pros or benefits include increased employee engagement, where having Jane coach will make employees truly engaged. The coaching will ensure her individual development; hence she will no longer ignore problems or mismanage them or talk down to the staff (Bonneywell & Gannon 2021). Thus, with Jane valuing the opinions of the employees, there will be increased employee engagement. Also, having Jane coached will result in increased accountability. Coaching at the organization involves creating accountabilities and driving actions allowing the appropriate empowerment to ensure work completion. Hence, having Jane coached will make actions increasingly visible and drive accountability. In addition, having Jane coached will develop a spotlight through identifying weaknesses in the corporate system, such as lack of management engagement; this will assist in establishing core competencies and promote maximum benefit and productivity. However, there are several cons of having Jane coached. For example, there is a need to make coaching a priority in the company. Establishing a coaching culture at the company will need prioritization, intentionality, attention, accountability, and time which may lack in the company. Also, coaching needs considerable time and patience to ensure its success. Jane may also experience fear of change may be a distractor to having her coach.
Question 4
In introducing the coaching idea to Jane, I would start with communication to encourage her. Also, communication with her would get her to understand the importance of developing a coaching culture. Hence, I would provide her with a clear description of coaching benefits, such as increasing accountability and employee engagement; this would be essential to get her on board. I would also ensure “walking the talk” in introducing the coaching idea to Jane. I would also highlight positive coaching examples and results to provide a significant way of getting Jane to accept coaching. Also, when starting to discuss the coaching idea with Jane, I would establish what she wants to achieve; this is beyond her role in the organization- her goals. I would also pose her the reality to ensure focus on particular facts in the organization. I would then introduce the coaching option.
Question 5
In case Jane accepts coaching, I would ensure to use an external coach. An external coach refers to a certified professional coach hired and outsourced from the coachee company outside. Many leaders prefer an external coach, so it would be best for me to use an external coach for Jane as a leader (Taylor et al., 2019). The external coach has fewer drawbacks compared to an internal coach, who may be perceived as less confidential and less credible. The external coach has numerous benefits, such as higher credibility through staying updated with alterations in coaching, being transparent, and growing professionally. The external coach also has greater objectivity and experience in multiple organizations, businesses, and industries’ environments. Also, an external coach would bring a fresh perspective to the organization and have a significant confidentiality level. In addition, an external coach has considerable exposure and recency concerning best practices in coaching and other coaches. Also, coaching is their primary profession; an external coach is dependent on being effective at each coaching assignment.
Question 6
I would utilize Jane as an advocate for assisting in leading a coaching culture in the organization after her coaching success. Using Jane to spearhead coaching as a champion would give the entire organizational team opportunities to excel even outside their organization and become the best. It would also give the organization’s employees opportunities to develop themselves professionally and personally. Also, Jane is spearheading a coaching culture that would not only contribute to professional development. Still, it would also establish strong communication skills with the staff who directly report to her and increase their confidence. Using Jane as a coach to lead the coaching culture in the organization would make her focus on assisting her team in gaining both long-term and long-term wins (Dennison, 2021). In addition, Jane as a coach, would help with employee retention. When staff view the executive as a team that recognizes their doings and is considering investing in their workers and staff, similarly as staff are investing in organizational values and goals, this will lead to employee retention.
Question 7
However, if I do not coach Jane, I would ensure several alternative means of assisting her in becoming effective in the organization. These include empowering Jane to make decisions to avoid her failing in different ways. Many things can become problematic when a leader such as Jane fails to make decisions, such as failing to manage problems. Hence, empowering Jane to make informed decisions would make her effective in the organization. Also, I would communicate with Jane. Organizational communication is essential, especially in achieving an organizational initiative or strategy (Ocasio et al., 2018). Hence, communicating with Jane would help her become more effective by providing insights on business strategy and over-arching goals to ensure the successful execution of the strategy; this would make Jane effective in the organization. I would also establish a closer look at skills that Jane requires to be successful in the organization, such as being a leader and engaging her staff. I would then offer the development of these skills to her to ensure she becomes successful.
In conclusion, coaching is essential in an organization to ensure professional development and a culture change. As a result, it increases accountability and employee retention and develops a spotlight. It also promotes individual development, especially executive coaching. Qualitative research would be essential in determining how to approach Jane concerning her coaching. I would also use an external coach to coach her. In introducing the coaching idea to Jane, I would start with communication to encourage her and be an example. I would also use Jane to spearhead coaching as a champion would give the entire organizational team opportunities to excel even outside their organization and become the best. In addition, other alternatives apart from coaching include communicating with Jane and empowering her to make decisions. However, coaching has become prevalent in many organizations. Therefore, coaching should be utilized in all organizations as it can alter the direction of the organization and shift the organization’s cultural tendency for change.
References
Bonneywell, S., & Gannon, J. (2021). Maximising female leader development through simultaneous individual and group coaching. Coaching: An International Journal of Theory, Research and Practice, 1-17.
Bozer, G., & Jones, R. J. (2018). Understanding the factors that determine workplace coaching effectiveness: A systematic literature review. European Journal of Work and Organizational Psychology, 27(3), 342-361.
de Haan, E. (2019). A systematic review of qualitative studies in workplace and executive coaching: The emergence of a body of research. Consulting Psychology Journal: Practice and Research, 71(4), 227.
Dennison, K. (2021). Why Leaders Should Consider Shifting To A Coaching Leadership Style Now More Than Ever. Retrieved September 4, 2022, from Forbes website: https://www.forbes.com/sites/karadennison/2021/09/20/why-leaders-should-consider-shifting-to-a-coaching-leadership-style-now-more-than-ever/?sh=5ed0fa742f81
Ocasio, W., Laamanen, T., & Vaara, E. (2018). Communication and attention dynamics: An attention‐based view of strategic change. Strategic Management Journal, 39(1), 155-167.
Taylor, S. N., Passarelli, A. M., & Van Oosten, E. B. (2019). Leadership coach effectiveness as fostering self-determined, sustained change. The Leadership Quarterly, 30(6), 101313.
Management at WorldCom
Management at WorldCom
Introduction:
World com is one of the world leading public relations management companies. It’s an independent partnership of firms that seek to manage the aspects of public relations for their clients that constitutes both national and international companies. WorldCom was established in 1988 and has been able to succeed in its pursuits to offer quality services in the area of public relations management and counseling by developing networks for assisting companies to venture into global businesses without any challenges. On the basis of the above information, this paper will address the following questions with regards to WorldCom case.
Evaluate the planning function of management.
Planning is one of the critical functions that the management of any firm is expected to undertake. This is due to the fact that organizations exist for a specific purpose and hence the people responsible for realization of such purposes must put up structures to achieve. Planning basically entails providing details of the future course of action within an organization so that set objectives can be achieved. Planning therefore describes how all the available resources in the organization will be combined to achieve specific goals. In the planning process the managers also consider all factors that may affect the realization of the organization goals and crafts corrective measures. WorldCom is one of the major providers of intelligence information to enable organizations come up with accurate plans and assess the situations that may affect the business operations. Planning may follow the following processes: The organization will first set the objectives and the key issues to be achieved. The second step will be gathering the information and all resources that will be required in the achievements of the set goals. The third stage normally involves the identification of different objectives that matches the current resources with a view of formulating alternative courses of action. The last stage in planning is the creation of derivative plans that are used in the achievement of the objectives. WorldCom as a company will be vital in the information gathering and setting of the alternatives. This is due to the huge network that enables it to gather valuable information for any organization. It also has experts who are able to assist businesses make the right choices in business strategies.
Influence that legal issues, ethics and corporate social responsibility have had on the company.
Legal, ethical and social responsibility is issues that any company has to contend with in its operations. Legal issues relates to factors that affect the company and the internal and external stakeholders as well as the structure of the business in operations. As mentioned earlier, WorldCom is a partnership kind of business and hence all the members that make up the business have to establish rules and regulations affect their relationships. These laws must be constituted according to partnership laws. One of the key issues that could affect world com is the issue of sharing profits and liabilities. This could be a major challenge for the business especially as more and more member firms joins the partnership’s accounting procedures and processes to record the financial operations of the company can be a major challenge since World com draws its membership from different countries with different accounting policies and procedures. This makes it difficult to consolidate the financial accounting and may lead to legal problems within the company.
Ethical issues in business relates to the ability of all stakeholders to operate within the acceptable standards and remain honest in its dealings with other stakeholders. Ethical issues may include relationship with competitiors, the general public shareholders and the government. Businesses are under obligation to honor and accurately report accurate issues to the above stakeholders. WorldCom was affected by the issues of corporate governance and violation of the rules governing business and poor implementation of accounting policies that led to huge losses of the company. The firm also suffered from managers who lacked integrity and could steal from the shareholders through unjustified loans. All these are ethical issues that can bring down a company. Social responsibility is also another key component of connecting with the community where the company operates and hence businesses are compelled to participate in community activities and also assist in solving community problems. The social responsibility activities must however be done within the management capability and each activity must be properly accounted for. In the case of WorldCom, the management concentrated too much on social responsibility to acquire the sympathy of the public despite the concerns by the accounting department on the impact of such expenditures. This clearly demonstrates that organization must clearly balance social responsibility with their economic strategies in the planning process.(Moberg,2010).
Factors that influence the company’s strategic, tactical, operational and contingency planning.
Planning in organizations may take different forms like strategic or long term plans, tactical plans, operational and contingency plans. Strategic plans are long term organizational plans that seeks to achieve great benefits to the organisatiion.Tactical plans are strategic plans that have been broken down to achieve specific areas within the wider strategy. Operational plans are short term plans by middle level managers to achieve daily objectives of the business and contingency plans are alternative plans that can be adopted in case of adverse results of other plans. Although these plans differ the factors that influence them are similar. The following factors will influence all these types of plans within an organization.
Budget/available financial resources:
The execution of any plans will mostly depend on the organizations financial capability hence its important to consider the available funds. This will allow organizations to fully implement plans derive the maximum benefits from such plans. Strategic plans may lead to heavy losses if the organization lacks the necessary funds to complete them. Operational plans will normally require constant cash flows within an organization.
Ethical issues:
All plans within the organization must be guided by acceptable ethical practices. Its however worth noting that managers decisions will always make part of the plans and hence they need to exhibit high levels of ethics so that they make correct decisions.unthical decisions by the management leads to poor planning and could put organizations into problems with stakeholders. WorldCom management decided to award themselves unjustified loans which really affected the financial position of the company and led to heavy losses (Olsen,2006)
Role of management:
The other factor that affects these plans is the role and responsibility that is put of the management of the company. Managers are essentially the responsibility of creating value for the shareholders and other stakeholders of the business and hence all the plans must be aligned towards the achievement of their responsibilities as indicated in the company mission and vision (Olsen,2006)
References:
Moberg,D. (2010). “WorldCom” scu.edu.Retrieved May 23,2011.From
HYPERLINK “http://www.scu.edu/ethics/dialogue/candc/cases/worldcom.html” http://www.scu.edu/ethics/dialogue/candc/cases/worldcom.html
Olsen, E. (2006). Strategic Planning for Dummies. Hoboken, NJ. : Wiley.