What Is a Writ of Habeas Corpus

Convicted criminals who believe they have been wrongly imprisoned, or that the conditions in which they are being held fall below legal minimum standards for humane treatment, have the to right seek the assistance of a court by filing for a â€Å"writ of habeas corpus.† What It Is A writ of habeas corpus—literally meaning to â€Å"produce the body†Ã¢â‚¬â€is an order issued by a court of law to a prison warden or law enforcement agency holding an individual in custody to deliver that prisoner to the court so a judge can decide whether that prisoner had been lawfully imprisoned and, if not, whether they should be released from custody. To be considered enforceable, the writ of habeas corpus must list evidence showing that the court that ordered the prisoner’s detention or imprisonment had made a legal or factual error in doing so. The writ of habeas corpus is the right bestowed by the U.S. Constitution to individuals to present evidence to a court showing that they have been wrongly or illegally imprisoned. Though separate from the constitutional rights of defendants in the U.S. criminal justice system, the right to the writ of habeas corpus gives Americans the power to keep the institutions that might imprison them in check. In some countries without habeas corpus rights, the government or the military often jail political prisoners  for months or even years without charging them with a specific crime, access to a lawyer, or means of challenging their imprisonment. What It Is Not Writ of habeas corpus is different from a direct appeal, and usually only is filed after a direct appeal of conviction has failed. How It Works Evidence is presented from both sides during a court hearing. If not enough evidence is found in the inmates favor, they are returned to prison or jail as before. If the inmate provides sufficient evidence for the judge to rule in their favor, they could Have charges dismissedBe offered a new plea dealBe granted a new trialHave their sentence reducedHave their prison conditions improved Origins While the right to writs of habeas corpus is protected by the Constitution, its existence as a right of Americans dates back long before the Constitutional Convention of 1787. Americans actually inherited the right of habeas corpus from English common law of the Middle Ages, which granted the power to issue writs exclusively to the British monarch. Since the original 13 American colonies were under British control, the right to writ of habeas corpus applied to the colonists as English subjects. Immediately following the American Revolution, America became an independent republic based on â€Å"popular sovereignty,† a political doctrine that the people who live in a region should determine the nature of their government themselves. As a result, every American, in the name of the people, inherited the right to initiate writs of habeas corpus. Today, the â€Å"Suspension Clause†Ã¢â‚¬â€Article I, Section 9, clause 2—of the U.S. Constitution specifically includes the habeas corpus procedure, stating, â€Å"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.† The Great Habeas Corpus Debate During the Constitutional Convention, the failure of the proposed Constitution to ban the suspension of the right to writ of habeas corpus under any circumstances, including â€Å"rebellion or invasion,† became one of the delegates’ most hotly debated issues. Maryland delegate Luther Martin passionately argued that the power to suspend the right to writs of habeas corpus could be used by the federal government to declare any opposition by any state to any federal law, â€Å"however arbitrary and unconstitutional† it might be, as an act of rebellion. However, it became apparent that a majority of the delegates believed that extreme conditions, such as war or invasion, could justify the suspension of habeas corpus rights. In the past, both presidents Abraham Lincoln and George W. Bush, among others, have suspended or attempted to suspend the right to writs of habeas corpus during times of war. President Lincoln temporarily suspended habeas corpus rights during the Civil War and Reconstruction. In 1866, after the end of the Civil War, the U.S. Supreme Court restored the right of habeas corpus. In reaction to the terrorist attacks of September 11, 2001, President George W. Bush suspended the habeas corpus rights of detainees being held by the U.S. military at Guantanamo Bay, Cuba naval base. However, the Supreme Court overturned his action in the 2008 case of Boumediene v. Bush.

personal security Essay - 1574 Words

Personal Security MEASURES TAKEN TO PROTECT OURSELVEs Security is an ever changing and expanding tool that will need to be utilized until we have nothing to fear. There are no assurances of individual well-being in any setting. Terrorism is in our own backyards because last I checked rape, theft, assault, home invasions and carjacking are all forms of terrorism. Most people believe security is someone else’s responsibility but there are far too many people in the world for law enforcement agencies to possibly protect all at once. So that’s why many look into personal safety measures and discovering ways to protect themselves. I feel it is incumbent upon each individual to safeguard themselves against becoming the victim of a†¦show more content†¦However none of those skills will work or be any good to you if you are not aware of your settings. Cognizance of your situation consist of being heedful of where you are and where you are travelling, but also being aware about the state of your surroundings. The per fect mark for any would be aggressor is a timid, absentminded, preoccupied individual ignorant of their environment. And who seriously wants to be that vulnerable or that easy of a target. Ways that things such as that can be prevented is by taking the following precautions: 1. Walk with a friend whenever possible 2. Be alert and aware of your surroundings whether it be day or night. 3. Use well-lit routes 4. Trust your instincts. These are all suggestions of crime prevention and personal safety offered by Caltech. (Caltech Security, 2013) Knowing the crime trends or statistics of an area can be extremely helpful as well. Using the following websites one can find out about the crime in the United States because they make available the most inclusive breakdown of violent and property crime in the nation. They pull together the bulk of and frequency of crime offenses for the nation, states, cities and counties and goes back as far as 1960s. The sites are www.fbi.gov/stats-s ervices/crimerates and www.crimetrends.com but honestly if all else fails just google it. But if you are like me and want toShow MoreRelatedPersonal Information And Network Security2054 Words   |  9 Pages Personal information and network security is vital in today’s online environment. There are my people that are out there to get someone’s personal information in order to either to seal the personal information for financial gain or in some cases personal harassment. Ensuring that your equipment and settings are kept to a degree that works well for your usage can minimize these types of attacks. Settings can be found at multiple layers of a home network that includes the computer right from theRead MoreImportance of Security of Personal Belongingsg642 Words   |  3 PagesPFC Racheau Lipscomb Importance of Security of Personal Belongings Accountability without security is definitely not the right answer to a successful business or working environment, take for example; your NCO or boss leaves you in charge of a simple task of moving one piece of equipment to another location without help. While your undergoing this process you leave your previous location where it is unsafe meaning anyone has access to it. Anything could happen within that span of time thatRead MoreVast Security Threats to Personal Computers Essay831 Words   |  4 PagesThere are a vast amount of security threats to a personal computer. These security threats are harmful because if successfully activated an attacker can access personal information and use it for potential harm to you or your computer. These attacks can also potentially slow down your personal computer and may even cause it to crash. When a computer crashes and the information is not backed up somewhere else you won’t be able to retrieve your data. There are techniques that attackers use to accessRead MoreAustralian Personal Property Securities Laws Essay3186 Words   |  13 PagesQuestion 1 (a) Australian laws relating to personal property securities (â€Å"PPS†) have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century. This causes a need to incorporatefor flexible and modern laws which encourageRead MoreWhy Personal Information Is Risky On The Internet And The Situation Of Information Security1422 Words   |  6 Pagesstrategy of the government and enterprises, but also threaten citizens’ personal information security. There are significant issues increases rapidly due to this environment such as transfer , reproduction and abuse of personal information. Therefore, it provides convenience to criminal who wants to steal personal information of other people for benefit reason or other reasons. This essay aims to introduce the risks to personal information on the internet and find some solutions to relieve even solveRead MoreFull Body Scans: a Matter of National Security vs. Personal Indignities1304 Words   |  6 PagesMatter of National Security vs. Personal Indignities Safety and security is important and a high priority for anyone. As a result of several events, such as the 9/11 terrorist attacks and the now infamous Christmas day â€Å"Underwear Bomber† transportation security has been revamped and reinvented to protect innocent people from religious/political extremists and crazies alike. In some cases, measures of heightened security have been praised such as the hiring of more security guards or the additionRead MoreExamples Of Personal Property Securities754 Words   |  4 PagesPersonal property securities legislation – overview of the legal framework The Personal Property Securities Act 2009 (Cth) creates a comprehensive national regime for personal property securities (PPS). Subject only to limited exceptions, security interests over personal property are primarily governed by the PPS Act. These securities range from fixed and floating charges over corporate assets, to share mortgages, to security interests over vehicles and aircraft, and to finance leases of plant andRead MorePersonal Statement : Privacy And Security1232 Words   |  5 PagesData collection generally can provide and opportunity for abuse, misuse and identity theft in some cases (there have been several reported cases of major data breached from companies like Target and Apple). Privacy and security are one of the biggest issues, my client will be justifiably concerned not only about what my company will do with the data we will collect, but also how it will be protected from third parties. Transparency about the use and protection of consumers’ data wil l reinforce trustRead MorePersonal Privacy or National Security2424 Words   |  10 PagesPersonal Privacy or National Security William Shelton ENG122: English Composition Prof. Lisa Clark August 7, 2012 Defining National Security VS Personal Privacy is a matter of looking at the basic nature of each. From research collected there is a consensus that we need balance. Too much of one hurts the other and vise versa. There are a couple of articles that range from Civil Liberties to the birth of public right to know that support the overall claim. Talks about the effects of censorshipRead MoreLanguage, Language And Personal Security2538 Words   |  11 PagesProverbs chapter ten talks about quite a few topics, to list the moral categories mentioned throughout the proverb there is diligence, laziness, language and personal security. This proverb comes from Solomon and starts off with the difference between the foolish son and a wise son. The wise son gives joy to the to the parent whereas the foolish one brings sorrow. In the same sort of comparison continuing on with the foolish like the lazy and the wise like the diligent, the proverb continues on in

The role of intuitive judgement in strategic decision-making Free Essays

Introduction This research will examine The Role of Intuitive Judgement in Strategic Decision-Making by studying the measures used within the organisations and means of a Literature Review. Literature Review will look at the, use of intuitive skills which will be discussed. Research questions, the circumstances under which intuitive judgement is employed and the conditions under which it is effective and strategic decision-making are considered. We will write a custom essay sample on The role of intuitive judgement in strategic decision-making or any similar topic only for you Order Now Finally, the Literature Review will explore the role played by intuition in TMT decision-making. Using MBTI (Myers Briggs Type Indicator), the study will analyse the decision making style of managers. Those are two perceiving functions, sensing and intuition (irrational) the two judging functions, thinking and feeling (rational). Myers et al., 1998 has identified four cognitive styles (ST, SF, NT and NF). Sufficient support has received for using the method of MBTI (Myers Briggs Type Indicator) as a measure of Jungian Personality dimensions. (e.g. Rosenak Shontz 1988;Gardner Martinko, 1996; Myers et al, 1998). (Cited in Gallen, T. 2006). Thus this study will fill the gap between Hambrick and Mason’s (1984) ‘upper echelons’ model of organizations, in the field of strategic decision-making which mainly examined the demographic factors influencing top management team’s (TMT’s) decision-making and firm performance not intuition’s role and team interaction mechanisms affect in the process of decision making and firm performance. The research question is: How do team interaction mechanisms affect intuitive judgement of the Leader (Decision Maker)? Approach and Outline(Theory Being Tested) The conceptual model shows that Team effectiveness – displayed as an input-throughput-output model – is a multilevel phenomenon. As Hambrick and Mason (1984) argue, corporate performance is a reflection of the decision makers in the upper echelons of the corporation, thus director-level variables are linked to firm-level variables. However, as argued above, this type of reasoning ignores Agor (1986) study which indicates that intuition is especially important in situations characterised by high levels of uncertainty, where facts are limited, where there are few precedents and when time is limited. In order to promote change in an organization’s strategy, (Gallen, T. 2006) it might be necessary to consider a successor’s personality too: sometimes a sensing (S) manager may be replaced by an intuitive (N) manager. (Gallen, T. 2006) In line with Clares (1999) suggests that those who can think intuitively may have a valuable contribution to make to the management process, thus Director Characteristics include Extraversion (E)/Introversion (I) Sensing (S)/Intuition (N) and Thinking (T)/Feeling (F). Next, these input variables lead to outcomes, first at the team level. The team role performance block is to be interpreted as the issue to what extent the team monitors top management and to what extent the team provides resources to the firm. Team-level outcomes contribute to firm performance, where one has to take into account that good corporate performance is defined differently by various stakeholders (Wood and Jones, 1995). The behavioural propositions will be tested on a dataset that will be gathered for this research. This data will consist of answers to a wide variety of statements on team working style and the company’s environment. Several hundred replies will be collected from UK and Indian SMEs and MLEs, CEOs. The studies in this set focus on UK and Indian corporations. A first study will identify team processes such as effort, conflict, cooperation and use of knowledge and hypothesis upon the relationships among these concepts and between these concepts and team role performance. An intriguing issue in this research is that the major team roles that have been identified are theoretically non-complementary (monitoring requires distance, whereas strategy and service demands proximity) and practically unidentified because various activities are performed that could be considered part of both roles. A second study will test hypotheses on team capital and team performance, confronting the views of CEOs and chairmen on team relations. For both studies, case studies and small sample quantitative research needed to be identified the variables of interest and standard instruments to measure these concepts have been developed but it remains to be shown that the results generalise to larger populations and which contextual forces are important. The second set of studies concerns the team’s role in satisfying claims of stakeholder groups other than shareholders only. Specifically, it will be analysed whether some demographic configuration of the team is preferred to other team structures if it comes to making stakeholder relationships profitable. Thus, in terms of Figure 1, the middle column is held constant and a detailed analysis of director characteristics on various performance measures will be undertaken. A longitudinal study will be undertaken to investigate the dynamics of the alleged relationship between team interaction mechanisms and intuitive judgment. This study thus assesses whether team interaction mechanism is a serious issue. A cross-sectional study will be conducted to pinpoint at network theoretical and team demographic variables that are key to this relationship, seeking an optimal team structure from various team management’s views. The third and final set of studies takes a specific aspect of the intuitive role of directors and a theory of intuitive judgment in strategic decision making will be developed and answers will be sought to the How do team interaction mechanisms affect intuitive judgment of the Leader (Decision Maker)?, question that have been left unanswered to date. This field is theoretically highly undeveloped and thus it is not yet clear where to fit the set of studies in Figure 1. It is likely, however, that the development will be parallel to the first set in which director and team characteristics will be considered as drivers of firm strategy. The empirical setting is United Kingdom and India, for which a set on compliance with the corporate governance code and director profiles and networks will be composed. The studies are cross-sectional in nature and cover the majority of UK and Indian listed corporations. Qualitative data will be used in this connection and analysis of data will be interpreted using SPSS. List of References Agor, W.H. (1986), The Logic of Intuitive Decision Making: A Research-based Approach for Top Management, Quorum Books, New York, NY. Clares, M.-T. (1999), â€Å"Women, men and management styles†, International Labour Review, 138 (4), pp. 41-6. Daily, C.M., Dalton, D.R., and Cannella, A.A. jr. 2003. Corporate governance: decades of dialogue and data. Academy of Management Review 28: pp. 371-382 Forbes, D.P., and Milliken, F.J. 1999. Cognition and corporate governance: Understanding boards of directors as strategic decision-making groups. Academy of Management Review 24: pp.489-505 Gallen, T. 2006 Managers and strategic decisions: does the cognitive style matterJournal of Management Development. 25 (2) pp. 118-133. Gabrielsson, J., and Huse, M. 2004. Context, behavior, and evolution: Challenges in research on boards and governance. International Studies of Management and Organization 34: pp.11-36. Gardner, W.L., Martinko, M.J. (1996), â€Å"Using the Myers-Briggs type indicator to study managers: a literature review and research agenda†, Journal of Management, 22 (1), pp.45-83. Hambrick, D.C., Mason, P.A. (1984), â€Å"Upper echelons: the organization as a reflection of its top managers†, Academy of Management Review, 9 (2), pp.193-206. Henderson, J.C., Nutt, P.C. (1980), â€Å"The influence of decision style on decision-making behavior†, Management Science, 26(4), pp.371-86. Hermalin, B.E., and Weisbach, M.S. 1998. Endogenously chosen boards of directors and their monitoring of the CEO. American Economic Review 88: pp.96-118 Hillman, A.J., and Dalziel, T. 2003. Boards of directors and firm performance: Integrating agency and resource dependence perspectives. Academy of Management Review 28: pp.383-396 Huse, M. 1993. Relational norms as a supplement to neo-classical understanding of directorates: An empirical study of boards of directors. Journal of Socio-economics 22: pp.219-240 John Hayes, Christopher W. Allinson, Steven J. Armstrong, (2004) â€Å"Intuition, women managers and gendered stereotypes†, Personnel Review, Vol. 33 Iss: 4, pp.403 – 417 Ibarra, H., Kilduff, M., and Tsai, W. 2005. Zooming in and out: Connecting individuals and collectivities at the frontiers of organizational network research. Organization Science 16: pp.359-371. Isenberg, D.J. (1984), â€Å"How senior managers think†, Harvard Business Review, November-December, pp. 81-90. McNulty, T., and Pettigrew, A. 1999. Strategists on the board. Organization Studies 20: pp.47-74 Myers, I.B., McCaulley, M.H., Quenk, N.L., Hammer, A.L. (1998), A Guide to the Development and Use of the Myers-Briggs Type Indicator, 3rd ed., Consulting Psychologist Press, Palo Alto, CA, . Parikh, J., Neubauer, F. and Lank, A.G. (1994), Intuition: The New Frontier of Management, Blackwell, Oxford Pettigrew, A.M. 1992. On studying managerial elites. Strategic Management Journal 13: pp.163-182 Rosenak, C.M., Shontz, F.C. (1988), â€Å"Jungian Q-sorts: demonstrating construct validity for psychological type and the MBTI†, Journal of Psychological Type, 15 pp.33-45. Stumpf, S.A., Dunbar, R.L.M. (1991), â€Å"The effects of personality type on choices made in strategic decision situations†, Decision Sciences, 22 (5), pp.1047-69. Tiina Gallen, (2006) â€Å"Managers and strategic decisions: does the cognitive style matter?†, Journal of Management Development, Vol. 25 Iss: 2, pp.118 – 133 Wood, D.J. and Jones, R.E. 1995. Stakeholder mismatching: A theoretical problem in empirical research on corporate social performance. International Journal of Organizational Analysis 3: pp.229-267 Zahra, S.A., and Pearce, J.A. II 1989. Boards of directors and corporate financial performance: A review and integrative model. Journal of Management 15: pp.291-334 A Study of Intuition in Decision-Making using Organizational Engineering Methodology By Ashley Floyd Fields How to cite The role of intuitive judgement in strategic decision-making, Essay examples

Should Kids Wear Uniforms free essay sample

Should kids be forced to wear uniforms? Should kids be forced to wear uniforms? Will uniforms really help kids? Most schools are debating this issue. A lot of kids would instantly say â€Å"No. † Although I believe that we should not have uniforms, there are plenty of reasons why we should have uniforms. Uniforms cannot help the school out, or can they? One thing that the school would benefit from enforcing school uniforms is no violations of the school dress code. Sometimes kids are called up to the office during class time because their clothes violate the dress code. This time up in the office could have been used for education, but instead they are up in the office getting a lab coat. Kids would not be able to violate the school dress code if they were all wearing the same outfits. However, that would mean no kid would be able express themselves. We will write a custom essay sample on Should Kids Wear Uniforms? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Kids like to express themselves in different ways and that will not be possible if they are forced to wear one type of clothing. Some kids are not as lucky as others. Some kid’s parents are rich while others may be poor. If the school enforced uniforms, no one could judge each other by just the look of their clothing. Although this is a positive for the kids, there is a negative for the school. If they ever needed to identify a student for whatever reason, it would be nearly impossible to identify that student unless you had help. If a student commits vandalism in the bathroom, for example, the camera might catch them but as long as the camera does not catch their face, it would be impossible to find out who did it. You may be thinking, â€Å"Having kids wear uniforms will cause them to make better grades. † This might be true, but would you want to risk the chance of losing some of your students just because you force them to wear uniforms? My guess is that most people might simply give up because they are forced to do something unpleasant. Most people would not like to wear uniforms because they cannot be educated to the fullest when they thinking of when they get home and take off their uniform. Uniforms may be a good source because they will help students stay more focused on schoolwork. Think about it for a moment though. Most students would not like a uniform because they lose the potential to express themselves to the world. If something ever happened to a kid, it would be hard to identify the kid because he looks the exact same as all the other kids. Most kids choose how they wear their clothing but if a school uniform was issued, everyone would only change into that one uniform for school. I think I can safely say that school uniforms should not be required to run this school at its highest standards.