I need help with a English question. All explanations and answers will be used to help me learn.

Read “What is Criticism” by A. O. Scott before answering the following questions. Please write a minimum of 4 sentences answering the following questions:

• What is the role of a critic in American society, according to Scott?
• Do you ever review products, restaurants, etc.? Why or why not?
• What do you consider to be a good (helpful) review vs. a bad (unhelpful) review?

You must post an answer to these questions in order to respond to one of your peers. Reply to one of your peers and address the following questions:

• Do you agree or disagree with anything your peer said and why?

Your response must be at least 2 sentences in length.

Help me study for my Business class. I’m stuck and don’t understand.

Hello,

I need four responses of at least 175 words each for the below students discussions for this week. Also in the bold below are the questions the students at answering.

What is data? What is sampling? Explain the importance of sampling from a managerial perspective. Provide examples.

Student one:

What is data? What is sampling? Explain the importance of sampling from a managerial perspective. Provide examples.

From the textbook, we know that data are numerical facts and figures that are collected through some type of measurement process. (Evans, 2013) According to the dictionary, a sampling is the act, process, or technique of selecting a suitable sample.

There are many different methods of sampling, simple random sampling, systematic sampling, stratified sampling, cluster sampling and sampling from a continuous process are some examples. In order to understand the importance of sampling, from a managerial perspective, I think it’s that the data in the sample should do three things:

1. Confirm or disprove what you were thinking.
2. Make you ask more of the right questions.
3. Cause you to act on what you discover. (Jiwa, 2013)

It is also necessary that the sample be random, without any bias, for it to be a good representation of the population. This will help ensure the results are significant and reliable. (Lesson 2)

There are many reasons that a manager would conduct a sampling, they may be performing market research to compare their product to similar products in the market, they may be considering new product development, or trying to determine why there seems to be a change in customer satisfaction. (Jensen, n.d.)

In my job as a finance officer one item, in particular, that falls within my responsibility is the payment of invoices. A consistent problem with this seems to be timeliness. The expected standard is that payment is made within 30 days of receiving the invoice, but there were too many times where payment was delayed resulting in unnecessary interest charges. In order to figure out what the problem was, we conducted a survey. We ensured that the sample was big enough to be a good representation of the companies we purchased from. The results of the survey confirmed that the problem wasn’t with the suppliers (what we had thought). We then asked questions of the invoice clerks and realized that the workload had increased, and we were short one clerk and the one clerk was new and inexperienced. With this data, we reprioritized our staffing requirements and made the invoice clerk a higher priority. We also provided additional training and established an SOP (Standard Operating Procedure) for the payment of invoices. Though we were unable to completely eliminate interest charges, we were able to significantly reduce the interest charges. We were successful because we disproved what we thought was the problem and found the actual issue, by asking the right questions. We then acted on the information.

There are challenges with sampling, such as choosing the correct method and size to ensure it is unbiased and a good representation of the population, but it is worth the effort of the managers, if it is used properly. “The power of data isn’t in the information. It’s what you do with it that matters.” (Jiwa, 2013)

References:

Evans, J. R. (2013). Statistics, Data Analysis, and Decision Modeling. Upper Saddle River: Pearson Education.

Jensen, K. (n.d.). Retrieved January 13 , 2020, from smallbusinesschron.com: https://smallbusiness.chron.com/sampling-important…

Jiwa, B. (2013, June 3). The Story of Telling. Retrieved January 14, 2020, from The Purpose of Data: https://thestoryoftelling.com/purpose-of-data/

Student two:

The role data plays in all areas of the economy is huge. Data analytics has become a topic of discussion in sports, business, and beyond because of the useful information that can be derived from diving deep into numbers to find a picture of results. Data is information “… used in virtually every major function in business, government, health care, education, and other nonprofit organizations” (Evans, 2013).

What this means to me is that data can be anything we do as individuals, or as an entity, that creates a measurable outcome. This measurable outcome provides details that can be traced and calculated to find an enormous number of further outcomes that depend on how and what is being searched for. A simple example of data is when you go to the grocery store and purchase one hundred dollars’ worth of items every other week, of which thirty dollars is in the deli area. The grocery store you purchased from is able to use that information, typically through their rewards cards, to directly market to you with deli specific sales you would be interested in, based on the data.

Sampling, on the other hand, is a means to compile and extract data for specific purposes. This type of data extraction is something that came about because surveying huge amounts of data could not be possible or may take too much time. An example of sampling would be if the Department of Agriculture was interested in the top five vegetables preferred across the country. There are far too many consumers in the country to take a survey and compile all of the data, so they would survey/sample a smaller number of individuals from each state to find an outcome.

From a managerial perspective, sampling is important because of the ability to make decisions based on the data provided by doing it. All managers need to understand where the business is currently and be able to breakdown information that provides details for past, current, and future situations where action can be taken now or in the future.

References

Evans, J. (2013). Statistics, Data Analysis, and Decision Making. (5th ed.). Upper Saddle River, NJ: Pearson Education Inc.

Student three:

What is data?

Research data can be collected and used in a wide variety of ways. “It can consist of numbers in a spreadsheet, it also takes many different formats, including videos, images, artifacts, and diaries.” (Defining Research Data, 2019)

Data can be numbers used in a spreadsheet or an “object as in physical research materials such samples of rocks, plants, or insects.” (Defining Research Data, 2019)

Here are some examples of the formats that data can take:

Quantitative data is used when a manager wants to quantify a problem, “or address the “what” or “how many” aspects of a research question.” (Qualitative vs. Quantitative, 2019)

Qualitative “data describes qualities or characteristics.” It is collected “using questionnaires, interviews, or observation, and frequently appears in narrative form.” (Qualitative vs. Quantitative, 2019)

What is sampling?

Sampling is a statistical procedure that is concerned with the selection of the individual observation. In sampling, samples are drawn from the population and sample means and population means are equal. There are multiple types of sampling:

• Simple random sampling
• Equal probability systematic sampling
• Stratified simple random sampling
• Multistate stratified random sampling
• Cluster sampling
• Multistate cluster sampling
• Types of non-random sampling
• Availability sampling
• Quota sampling
• Expert sampling
• Analyzing non-response sampling
• Weighting
• Dealing with missing data

The importance of sampling from a managerial perspective, with examples

In the medical field, there are surveys done with every patient. At least the opportunity for feedback is given. Surveys go out in the mail, email, even text. Questions range from how clean was the facility, to how were you greeted? Full surveys have a lot of questions and the text surveys are generally shorter so patients will potentially take the time out to give feedback. The numeric scores are averaged at the end of 60 days to see how patients feel about making the appointment, how the appointments went, the staff, the facility, etc. This type of data is used for a variety of reasons. Department managers use the information about the staff to make improvements or to see if the improvements that were made are working. Facility managers use the information to address the facility maintenance and upkeep. Department heads use this data to determine pay increases and performance evaluations for promotion. Call center managers use this data to improve processes in making appointments and to handle call volume. This can determine staffing levels and hours of operations. These scores are also used nationally to score health care facilities. This gives the hospital presidents the opportunity to see how well their hospital scores nationally; how providers score compared to their peers; and how their specialty clinics compare to other specialty clinics. Healthcare is a business and patients do use these scores to “shop around”.

Reference:

Defining Research Data. Research Guides. (2019). Data Module #1: What is Research Data? Retrieved from https://libguides.macalester.edu/c.php?g=527786&p=3608657

Qualitative vs. Quantitative. Research Guides. (2019). Data Module #1: What is Research Data? Retrieved from https://libguides.macalester.edu/c.php?g=527786&p=3608639

Statistic Solutions. (2019). Retrieved from https://www.statisticssolutions.com/sample-size-calculation-and-sample-size-justification/sampling/

Student four:

Data is information gathered during the business research process. Data is used in every aspect of every major business function (Evans, 2013). Information that is gathered about a business through different channels is data. That data can be analyzed and used to make business decisions.

Sampling is using a fraction of the entire population when using the entire population is not feasible. A sample is understood to be a representation of the entire population (Jensen, n.d.) There are instances when the population is extremely small, and the testing involved is not destructive to the population and therefore the entire population can be sampled (Evans, 2013). In instances where the population is vast, using a sample from the larger population is the best route to use. Management is presented with a variety of decisions that will affect their staff and the business as a whole. Some of the decisions is based upon information that collected and reports that are generated regularly. Many times, there is a vast amount of data that they analyze, and it is not always feasible to come every bit of information. Managers can then utilize sampling in order to get a better grasp on all of the information. They are able to take the sampled date and use that information to make better informed decisions.

A good example would be analyzing the budget. Looking at the budget as a whole would be harder for them to pinpoint whether the monies are being utilized properly. If a sample is taken, like maybe from the least important expenditures, they will be able to narrow down where money is being wasted and where they should cut back. Another example would be if someone is managing a call center where all call times are documented. A sample of all the calls can be taken to see the length of each call and what time of day the most times is being spent with each call. That could help a manager decided when they need more or less staff based upon call volume and length of calls.

Evans, J. R. (2013). Statistics, data analysis and decision modeling (5th ed.). Cincinnati, OH: Pearson Education

Jensen, K., (n.d.). How is sampling important to business? Retrieved https://smallbusiness.chron.com/sampling-important-business-80416.html

Can you help me understand this Economics question?

Hello,

I need three responses of at least 150 words each for the below students discussions for this week. Also in the bold below are the questions the students at answering.

Small mistakes are the stepping stones to large failures. How might this saying apply to this lesson, and do you agree?

In your responses, provide an example of a real-life seemingly small mistake with large consequences. By real-life, I mean a situation that actually happened, not a theoretical one.

Student ont:

Hello everyone and welcome to week two!

When small mistakes become stepping stones leading to large failures, most look back in hindsight and realize the mistakes they have made. This is not always the case when the poor choices are actually being made. Mistakes may be due to laziness, misinformation, greediness, lack of luck, innovation or just poor planning on all the above. The mistakes are commonly small ones leading to large failures or it may be the one statistical outlier that causes the catastrophic failure, which is very rare.

Many times surveying the consumer is a great idea for product research and development. However, as discussed last week in my Marketing course, consumers do not always know what they desire, want, need (call it what you will) because they are stuck inside their box of thinking and conduct routine tasks on a routine basis without access to the newest technology and genius innovation.

Nokia is a prime example of many smaller mistakes leading to a large failure. They innovated the cellular phone game by creating the first cellular network in the world. The first of their mistakes was failure to continue innovation based on the abilities of experts and relied on the safety of consumers. They chose to stick with voice communication instead of investing in data because that’s what the consumer was accustomed to, failing to see the future of cellular networks and devices. They found it easier to invest in hardware because they thought that’s what the consumer wanted and missed out on quickly developing software. Then lastly they passed up the opportunity to develop a touch screen phone, without a keyboard, because they found that consumers could not type on them, let alone adequately use such an advanced device. By 2007, Steve Jobs launched the iPhone and it was one too many small mistakes on Nokia’s part which caused a large scale failure (Aaslaid, 2018). I think it’s safe to say, chances are that you own an iPhone or android with a touch screen and not a Nokia with a keyboard, right?

References

Aaslaid, K. (2018). 50 examples of corporations that failed to innovate. Valuer. Retrieved from https://valuer.ai/blog/50-examples-of-corporations…

Student two:

One of the main takeaways from this lesson was that marginal analysis plays a significant role in decision making for a firm or an individual. I do agree that small mistakes are the stepping-stones to large failures. According to Samuel and Marks (2015), marginal analysis is a process of implementing a small and what may seem insignificant change and observing it to determine if it will have a positive impact. Making changes in marginal costs and benefits that are determined to have a positive outcome often lead to optimal decision-making.

My real-life example where a small mistake led to large consequences, occurred during a family trip some years ago where I joined my mother, sister, bother, and their kids on a trip to Disneyworld down in Orlando, Florida. We were in a debate on whether we should stay in one of the resorts or in a nearby hotel that was within five miles of the main entrance. During the previous times we visited the theme parks, we always stayed in a resort since most are more conveniently located in relation to the theme parks. End the end, we decided that we would change it up and try to save some money and stay in a hotel that was within five miles at a price of about $109 per night.

If we stayed in a resort, it would have been about $129 per night. At the time, I surely did not try to determine if the marginal cost of staying in the cheaper priced hotel would end up being less or more than the marginal benefit of a more convenient location that would safe some travel time. Unfortunately, on our first night of arriving in Orlando we were scheduled to attend a Cirque Du Soleil show and did not make it in time due to the fact that we ended up changing after checking into the hotel upon arrival and did not factor how long it would take us to travel five miles in peak hour traffic.

Samuelson, W. & Marks, S. (2015). Managerial Economics. Hoboken, NJ: Wiley & Sons Inc.

Sherman, F. (n.d.). Importance of Marginal Costs and Benefits. Retrieved from https://small

business.chron.com/importance-marginal-costs-benefits-46506.html

Student three:

Boeing the airline giant had made a few small mistakes or miscalculations which could (still pending the FAA and congress assessments) be fined quite a bit of money for the messing up on judgment calls and trying to finish their Boeing 737 MAX. The aircraft development should have undergone many more hours and even year or more of testing to train and even make sure that the fabricated parts were not defective and not up to code due to failure of the strength test that they undergo before being used on a critical platform. The documents show that Boeing knew that the supplier had parts that consistently failed a strength test, which was also a repeat offence from the older model of the Boeing 737 that Southwest Airlines currently still flies. The parts are “slat tracks” and they are used to guide parts of the wing that help with the takeoff and landing of the aircraft.

An additional small mistake that Boeing did while developing the Boeing 737 MAX was to not properly train the pilots as to the new system that helps fly it. This computer system is called MCAS (Maneuvering Characteristics Augmentation System) steering system. This software system assists the pilots to fly the aircraft without much correcting or other interaction by the pilot, however the system has been known to flaw and be vulnerable to erroneous data. The company even went to the extreme to send inside emails discussing the fact that they needed to push the issue that they don’t need a training simulator for this version of the plane, along with the other ways to manipulate the internal regulators for the US and other international countries.

This small mistake has actually grown to being a real large mess. The Boeing Company has messed up with all this coming to light with the internal documents displaying and seeing the cover up discussed and also implemented. There has been multiple crashes which resulted in multiple fatalities of just the Boeing 737 MAX and this has caused the opportunity of the families who lost someone to actually sue the company as well as the federal and probably international regulators to fine them for millions for the deceptive practices. Also another development from this will be the lost trust in the quality of the aircraft and many lost sales as well as the CEO being removed from his position. This all for saving a few dollars in different areas to build an aircraft that to some would be sub-quality and now many are thinking twice about booking an airline that has one of the Boeing 737 or the Boeing 737 MAX. The final results of this is still playing out currently so keep your eyes open to the news reguarding this topic.

Duncan, I. (2020, January 10). FAA proposes $5.4 million fine for Boeing over defective 737 Max wing parts. Retrieved from https://www.inquirer.com/business/boeing-737-max-jets-faa-fines-20200110.html

Duncan, I., Aratani, L., & Laris, M. (2020, January 10). Internal Boeing documents show employees discussing efforts to manipulate regulators. Retrieved from https://www.inquirer.com/news/nation-world/boeing-documents-manipulation-safety-regulators-20200110.html

Gates, D. (2020, January 13). Beyond pilot trash talk, 737 Max documents reveal how intensely Boeing focused on cost. Retrieved from https://www.inquirer.com/business/boeing-737-max-documents-costs-20200113.html

Gelles, D. (2019, December 24). Boeing Can’t Fly Its 737 Max, but It’s Ready to Sell Its Safety. Retrieved from https://www.nytimes.com/2019/12/24/business/boeing-737-max-survey.html

Wehrman, J. (2019, October 29). Boeing chief at Senate 737 Max hearing: ‘We made mistakes’. Retrieved from https://www.inquirer.com/business/boeing-chief-senate-737-max-hearing-we-made-mistakes-20191029.html

I’m trying to study for my Computer Science course and I need some help to understand this question.

Discuss the relationship of the three branches of the federal government. Present a hypothesis for which one of the three branches you believe is the most powerful at this time. Provide references to support your position. Please note that this is not a political discussion. Leave politics out of your discussion.

Answer the question with a short paragraph, between 150 and 250 words. Brevity is a virtue. That is why you are limited to 250 words. If you can’t present your hypothesis in 250 words or less then it is too complicated. Remember that when you state a fact if you don’t provide a reference, it is not a fact but rather an opinion.

Help me study for my Business class. I’m stuck and don’t understand.

Assignment: Drawing on your own experiences with project management knowledge areas as defined by PMI®, address the following questions:

• What has been your experience with the PMBOK® knowledge areas? How many of them are you familiar with through your work on a project or a project management team?
• Is it easy for a typical project manager to do a good job with respect to all of the knowledge areas? Does a project manager have to sacrifice attention to some knowledge areas to perform well on others?
• Which of the knowledge areas should never be compromised?

Support your answers with PMI® principles in addition to examples from your own experience.

Previous work experience: Material Planner in the automotive industry.

Two-three paragraphs only.

At least two resources, one to include: Project Management Institute. (2017). A guide to the project management body of knowledge: (Pmbok® guide). Newtown Square, PA, USA.

I need help with a Business question. All explanations and answers will be used to help me learn.

Class discussion on Chapter 3 (Business Analysis Planning and Monitoring) of the BABOK.

• In your groups, provide 2-3 techniques each for a predictive and adaptive business analysis approach.
• Explain what considerations, timing, complexity and risk factors lead you to each approach.

• In your groups using the techniques from 3.2.6 section, Update your Stakeholder Analysis tool to contain the following: (If your stakeholder analysis tool is limiting, research the internet for a detailed stakeholder analysis tool).
• List of stakeholders and their characteristics
• Roles and responsibilities of each stakeholder
• Collaboration expected from the stakeholder during the project
• Level of influence/importance on the project
• Interest on the project
• Level, consistency, and approach required to communicate with each stakeholder

• In your groups, build a Change Request deliverable that includes the following:
• Process for proposing a change by all stakeholder
• Change Control Board
• Authority to approve a change
• Documentation and communication for the change

• In your groups, determine how all the information obtained by the Business Analysis will be managed. Determine the following:
• Organization
• Level of Detail
• Storage
• Accessible
• Reuse of the content

• In your groups, determine what measures you feel would be realistic in determining the Business Analysis’s Performance.
• Build a Rubric with at least 4 measurements and 4 levels of measurement.

• Submit your updated Stakeholder Analysis Tool that includes the following:
• List of stakeholders and their characteristics
• Roles and responsibilities of each stakeholder
• Collaboration expected from the stakeholder during the project
• Level of influence/importance on the project
• Interest on the project
• Level, consistency, and approach required to communicate with each stakeholder
• Change Request deliverable that includes the following:
• Process for proposing a change by all stakeholders
• Change Control Board
• Authority to approve a change
• Documentation and communication for the change
• How all the information obtained by the Business Analysis will be managed. Determine the following:
• Organization
• Level of Detail
• Storage
• Accessibility
• Reuse of the content
• Build a Rubric with at least 4 measurements and 4 levels of measurement that is used to determine the Business Analyst’s Performance on the project.

I’m studying for my Computer Science class and don’t understand how to answer this. Can you help me study?

Activity 1: System Concept Statement

Team members work together to complete Exercise 3-1 in the ebook. In this exercise you will write a clear, concise (150 words or less) system statement for the project you selected. You will present this statement to the team who is designing your project.

Activity 2: Planning for User Interviews and Interviewing and Collecting User Information

Team members will now pull together and analyze the plans each member wrote for the interview process of users.

A consensus plan is developed along with what artifacts you want to collect. Be specific, detailed, and have questions clearly stated.

The two teams who have exchanged their projects earlier, now will interview each other using the plan devised by the team.

One team completely finishes their interview and information gathering and then the other team collects theirs.

This process will take time so do not rush it but make sure one member of the team keeps the interview on time and on task.

Activity 3: Work Activity Notes and Flow Model Design

Teams return to their home base and compile, discuss, and analyze the information collected.

Determine the big picture of the work to be done. To do this you will need to design as a team a flow model (ebook 4.2)

Complete Exercise 4-1: Flow Model Sketch for Your System

You should refer to your ebook Chapter 4.3 on raw user work activity data. You might also want to look at User Interviews

Complete Exercise 4-2: Work Activity Notes for Your System

Activity 4: Constructing Work Activity Affinity Diagram (WAAD)

Team members now work together to build a WAAD. The WAAD for each group will be posted on the wall where it can be seen, referred to, and adapted as needed.

Complete Exercise 4-3 WAAD Building for Your System

Activity 5: Work Roles

Determine how to break the big picture down into manageable parts. To do this you will need to assign work roles specific for this project (ebook 4.2)

I don’t know how to handle this Computer Science question and need guidance.

ITS836 Assignment 1: Data Analysis in R

• Read the income dataset, “zipIncomeAssignment.csv”, into R. (You can find the csv file in iLearn under the Content -> Week 2 folder.)
• Change the column names of your data frame so that zcta becomes zipCode and meanhouseholdincome becomes income.
• Analyze the summary of your data.What are the mean and median average incomes?
• Plot a scatter plot of the data.Although this graph is not too informative, do you see any outlier values?If so, what are they?
• In order to omit outliers, create a subset of the data so that:
• What’s your new mean?
• Create a simple box plot of your data.Be sure to add a title and label the axes.
• Make a ggplot that consists of just a scatter plot using the function geom_point() with position = “jitter” so that the data points are grouped by zip code.Be sure to use ggplot’s function for taking the log₁₀ of the y-axis data.(Hint: for geom_point, have alpha=0.2).
• Create a new ggplot by adding a box plot layer to your previous graph.To do this, add the ggplot function geom_boxplot().Also, add color to the scatter plot so that data points between different zip codes are different colors.Be sure to label the axes and add a title to the graph.(Hint: for geom_boxplot, have alpha=0.1 and outlier.size=0).
• What can you conclude from this data analysis/visualization?

$7,000 < income < $200,000 (or in R syntax , income > 7000 & income < 200000)

HINT: Take a look at: https://www.tutorialspoint.com/r/r_boxplots.htm (specifically, Creating the Boxplot.) Instead of “mpg ~ cyl”, you want to use “income ~ zipCode”.

In the box plot you created, notice that all of the income data is pushed towards the bottom of the graph because most average incomes tend to be low.Create a new box plot where the y-axis uses a log scale.Be sure to add a title and label the axes. For the next 2 questions, use the ggplot library in R, which enables you to create graphs with several different types of plots layered over each other.

I’m working on a Writing question and need guidance to help me study.

Initial discussion response should be in the range of 300 words. This is not the only criteria utilized for evaluation; substantive content is imperative. All questions in the topic must be addressed. Please proofread your response carefully for grammar and spelling. All responses need to be supported by a minimum of 2 scholarly resource. Journals and websites must be cited appropriately. Citation and reference must adhere to APA format (6th Ed.).

From an FNP perspective,Detail the routine health periodicity for the gynecologic and clinical breast exam. What health factors are utilized to determine the need for a Pap test? When is the Pap test no longer necessary?

I’m trying to learn for my Law class and I’m stuck. Can you help?

250 words minimum / APA format.

Here is the first student to respond to:

Carlos:

Probable cause to arrest an individual need to be established through factual evidence (When is an Arrest a Legal Arrest?) and not just an assumption of a crime committed by the individual in questioning. So, this means that the arresting officer needs to either observe specific patters, have information from witnesses and or victims. The police officer may even be able to use the knowledge they have gained from previous arrest where they can recognize gang signs or criminal activities. After an officer has probable cause he or she will then submit an affidavit to a judge to grant an arrest or search warrant. The judge will look to see if the police officer has a good tract record on knowledge of a crime, if victims or witnessed are established or even just information given that can be verified my police of a crime. So, while it seems like there needs to be a lot met to secure warrant if an officer has good intel on crime it could be just that simple.

The exclusionary rule is a law that prohibits evidence to be used in a criminal trial if it was obtained illegally and is in violation of a person’s forth amendment (The Fourth Amendment and the ‘Exclusionary Rule). While this rule is here to essentially protect the people it also assures law enforcement is doing things correctly for all valuable evidence can be used. However, there are a few exceptions to the exclusionary rule and one of the main exceptions is the good faith exception. “This applies to officers who had a reasonable, good-faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective” (Shein, 2017). Another common exception is the independent source doctrine, often evidence is discovered during an illegal search but the same evidence is also found later legally. So, in short, the evidence was going to be discovered regardless.

A stop and frisk is when you are temporary stopped and patted down by law enforcement over your clothing to see if you are carrying a weapon and an arrest is when you are actually taken down to a station and booked for a crime. However, a stop and frisk can turn into an arrest if a police officer finds evidence. But if nothing is found you just simply walk away. For a stop and frisk to be considered legal, the police officer must have a reasonable suspicion like we touched bases above that a crime has been or will be committed. The police officer also needs to have a great suspicion that the person being stopped has a dangerous weapon. So, like stated above about reasonable cause, they could have seen them go into a store that sells weapons, or have a witness tell them they are carrying one.

References

Shein, M. (2017, February 22). The Exclusionary Rule Exceptions. Retrieved from https://federalcriminallawcenter.com/2017/02/exclu…

The Fourth Amendment and the ‘Exclusionary Rule. (n.d.). Retrieved from FindLaw: https://criminal.findlaw.com/criminal-rights/the-f…

When is an Arrest a Legal Arrest? (n.d.). Retrieved from FindLaw: https://criminal.findlaw.com/criminal-rights/when-…

Dario:

Good Evening Professor and classmates,

The authors of the U.S. Constitution were on a mission to stop past abuses committed by British Troops on American citizens. In doing so, they ensured to include articles in the U.S. Constitution that prohibited authorities from entering a private dwelling without permission from the owner or without probable cause in the execution of a lawful warrant. Probable cause was required for authorities to obtain a warrant. Similarly, a police officer must have probable cause to arrest an individual. An arrest cannot be pursued on mere intuition. Probable cause is more than mere suspicion. To obtain a warrant, a police office would need to present to a judge enough information that points to the suspect in question; however, that information does not need to say that the suspect is guilty beyond a reasonable doubt (Probable Cause, n.d.).

Exclusionary rule states that any illegal search, seizures, arrest, and confessions that violates the U.S. Constitution cannot be considered as evidence. However, there are exceptions to certain evidence discovered by authorities that can be used in court, regardless if a search warrant or probable cause was obtained. The exceptions are Good Faith exception, which means if an officer under good faith conducting a lawful search or warrant discovers illegal items in a person, car, or building, that illegal items can be used as evidence to convict a person. Independent Source Doctrine states that evidence initially discovered during an unlawful search can be used as evidence if later that evidence is obtained independently through activities untainted by the illegal search. Inevitable Discovery Doctrine is similar to Independent Source Doctrine in that an that evidence obtained in an unlawful search had the potential to be discovered anyway.

In the line of duty an officer has the mandate to stop question residents if he suspects that a crime is imminent. In doing so, the U.S. Supreme Court ruled in Terry V. Ohio (n.d.) that a police officer is right in stopping residents and frisking them if suspect that a crime has been, is, or is about to be committed. Also, the police officer must suspect that the suspect is carrying a dangerous weapon for the stop and frisk to be legal. On the other hand, an arrest is taking custody of a suspect where the suspect is not free to leave. The requirements for an officer to conduct a “stop and frisk” is reasonable suspicion that a suspect is armed and dangerous.

Dario

References

Probable Cause. (n.d.). Retrieved Jan 14, 2020, from Cornell Law School: https://www.law.cornell.edu/wex/probable_cause

Terry v. Ohio. (n.d.). Oyez. Retrieved January 14, 2020, from https://www.oyez.org/cases/1967/67

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Brandon:

he most popular term amongst law enforcement and civilians is probable cause. Probable cause is the grounds the courts and law enforcement use to arrest a person suspected of a crime. If there is no probable cause then there should be no arrest or citation to bring the individual to the magistrate. There are four elements for search warrant laid out by the Supreme Court. First is the warrant must be filled in good faith by a certified police officer. Second, the warrant/arrest must be filed on reliable information setting the grounds for probable cause to search under the Fourth Amendment. Third, the warrant can only be issued by a magistrate/judge who is a neutral person in the criminal justice system. Last, the warrant has to be very specific explaining what is to be searched, where and the items law enforcement will be searching and confiscating for evidence.

The exclusionary rule protects citizens from the evidence being obtained illegally and unconstitutionally from law enforcement or other government officials who have police powers federally and local. An officer cannot obtain evidence without a warrant for the purpose of making an arrest and using it in court contrary to the exceptions to the exclusionary rule. If the evidence is obtained without just a warrant it will be inadmissible in court against the accused which will result in a non-conviction even if the evidence directs to guilt.

There are a few exceptions to the exclusionary rule. Here are the primary exceptions pertaining to the rule. The Good Faith Exception which states a police officer is operating in good faith that the warrant is believed to be valid to be admitted in conviction to the courts. Attenuation Doctrine is an exception granting evidence illegally confiscated to be admitted in court if there is a connection between the evidence and the illegal means which it was obtained is very remote (Legal Dictionary 2016). Independent Source Doctrine is another exception where the “illegal obtaining of evidence is to be admitted to the court if the evidence was later obtained by an independent person through legal means”. Last is Inevitable Discovery Rule which is the last exception “permitting improperly obtained evidence to admit when it is apparent that the evidence would have eventually be discovered through legal means (Legal Dictionary 2016).

Stop and frisk is a term police officers and the courts use for officer safety. A police officer can stop and frisk a person if they are suspicious of the sole purpose of looking for a weapon the person may have. This is not to be confused with a search. The stop and frisk process is only granted to the outer garments of a person’s clothes in revealing a weapon that could cause serious bodily harm or death to the officer. If the officer pats down the outer layer of clothes and what he/she believes to be the shape of a firearm or a knife they can confiscate it until the officer is ready to release the person from detainment. Police are permitted to then go into the layer and only layer of clothing where they believe the firearm or knife is located from their pat down to retrieve the weapon.

An arrest by police is when they have already established probable cause of the crime and now can search the person who was arrested for any weapons, contraband or narcotics. The stop and frisk is the preliminary stage of an arrest if it goes to an arrest. Some people may be stopped and frisked but not arrested without violating the Fourth Amendment. The officer can justify his//her actions for a stop and frisk and no arrest based on officer safety. “I was suspicious of the person your honor and wanted to ensure there were no weapons while I conducted my investigation”.

Reference

Team, Content. “Exclusionary Rule – Definition, Process, Examples and Cases.” Legal Dictionary, 30 June 2016, https://legaldictionary.net/exclusionary-rule/.

Part 2:

Dario:

Good Evening Professor and Classmates,

Police officers who responded to the scene did have probable cause to arrest Mr. Mayo. Probable cause to arrest Mr. Mayo was fulfilled when Mr. Mayo admitted that he shot Mr. Scowen. Whether Mr. Mayo was guilty or not of killing Mr. Scowen, that was of no concern to the police officers who affected the arrest. There was enough evidence, including Mr. Mayo’s own admission that he had committed homicide under the books. Whether he was guilty or not, that was up to the courts to decide, not the police officers.

Once under arrest, Mr. Mayo was entitled to Constitutional rights which in this case, I believe those rights were violated. Mr. Mayo was not read his Miranda Rights which is the first step in the due process for any suspect that enters the criminal justice system of the United States.

Police were required to read Mr. Mayo his Miranda rights because he was under the custody of the state. Under custody, police officers could potentially ask incriminating questions that Mr. Mayo could answer that could most likely be used against him in a criminal trial (Miranda Warnings and Police Questioning, n.d.)

Dario

References

Miranda Warnings and Police Questioning. (n.d.). Retrieved Jan 14, 2020, from Findlaw.com: https://criminal.findlaw.com/criminal-rights/miran…

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Taelor:

Probable cause was evident for law enforcement personnel to arrest Mayo due to a weapon being present. The weapon was also the firearm that was used to kill the victim. Law enforcement failed by not reading Mayo his rights upon arresting him. Mayo’s constitutional rights were violated due to the Miranda rights not being read to him. Miranda warnings are procedural safeguards for custodial interrogation that protect the interests of both the prosecution and the suspects (Lieser, Van Der Voort & Spaulding, 2019). When Miranda rights are not read it gives the alleged suspect the privilege to not talk about the situation that occurred. Any charges in relation to this suspect being charged with murder can be dismissed. Miranda failure is a mistake that many officers make and are held accountable for because this leads to an overturn in the result of a crime that took place. Police must read Miranda rights upon arrests so they can be able to use anything that is said during the duration of the arrest as evidence towards the guilt of the suspect. Being that Mayo was not read his Miranda rights, anything he said can not be used as evidence in regard to his trial. When officers fail to read Miranda rights, they often result in being remorseful.

References

Lieser, A., Van Der Voort, D., & Spaulding, T. (2019). You have the right to remain silent: The ability of adolescents with developmental language disorder to understand their legal rights. Journal of Communication Disorders, 82, 105920. https://doi.org/10.1016/j.jcomdis.2019.105920

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Cole:

Did the police have probable cause to arrest Mayo?

The legal standard for probable cause to arrest exists when there are facts and circumstances sufficient to stand for themselves which will lead an officer to believe a crime has been committed by a specific person. Probable cause to search will arise when there are reasonable grounds to believe specific items are located on a specific property and they are evidence of a crime (Bandiero, 2019). In this scenario, Scott Mayo (bartender) and Basil Scowen (patron) got into an argument about $1500. During the argument, Scowen picked up a beer bottle threateningly. Mayo claims Scowen said “I am going to kill you” and he felt he was in imminent danger. Mayo grabbed his pistol and killed Scowen. Officer arrested Mayo but never read him his Miranda Rights. Witnesses for the prosecution include statements made by Mayo, a bar customer. Witnesses for the defense are Mayo and an individual outside the bar.

As mentioned before, probable cause requires facts and circumstances to stand for themselves. The facts of the case show there was a homicide as Mayo did kill Scowen with a firearm. However, the initial facts provided in the case make it difficult to determine if Mayo’s actions were self-defense or not. Based on the legal standard for probable cause, I do not believe there would be sufficient probable cause to arrest Mayo right away for specific charges. More resources would need to be called in such as a detective to take over interviews and crime scene analysis. Once the investigation was complete, then a final determination of charges could be made or not. Since Mayo was arrested, I would assume the officer had a very small amount of probable cause (Mayo + weapon + dead Scowen). However, I don’t think the case would go much further unless more investigation is done.

2) Did law enforcement violate Mayo’s constitutional rights? If yes, explain how. If not, explain why.

In this scenario, a police officer came to the scene and took Mayo’s statements. At this time Miranda was not required because officers are able to get the initial facts to determine if a crime has occurred. Based on the information provided, Mayo’s constitutional rights were not violated. Let’s look at the issue of arrest. A valid arrest must be based upon probable cause to believe a crime has occurred and a specific person has committed the crime. The issue with probable cause is you either have it or you don’t. There is no gray area and an officer cannot arrest someone to in order to investigate the crime further. When a suspect is arrested for a crime, they are arrested because probable cause exists. The prosecution would then decide if charges are to be filed. Even if there is probable cause to arrest an individual, it is perfectly okay to delay the making of a formal arrest until more information is available. There is no requirement that an arrest be made once probable cause develops (Colorado Peace Officers Handbook, 2019). A false arrest would not have been made in this instance because the police did not act without authority or beyond the scope of their powers. In this case, the police have the authority to arrest those they reasonably suspect of having committed a crime. As mentioned before, there is very limited probable cause to arrest Mayo and further information should have been seeked.

3) Were the police required to read Mayo his Miranda rights? Discuss why

Specific situations will require Miranda Rights. In this case, the police have no obligation to read Mayo his Miranda Rights. Two requirements must be met before an officer is required to tell a suspect their Miranda Rights. A suspect must be in custody and interrogation must be imminent. An officer does not have to formally tell a person they are under arrest to be considered in-custody. The courts look at whether an objectively reasonable person would believe they were under arrest or free to leave based on the totality of the circumstances. Miranda is only required if the officer is seeking testimony to prove or disprove the crime in question. Miranda is not required for information unrelated to the crime (Bandiero, 2019). Mayo’s initial statements and his statements if they were made after the arrest could be suppressed under the right circumstances. If the police kept asking questions once they developed probable cause to suspect Mayo of a crime, then yes, the statements could be suppressed. However, Mayo’s initial statements describing what happened would not require Miranda.

References

Bandiero, A. (2019). Search & seizure survival guide: a field guide for law enforcement. Spokane, WA: Blue to Gold Law Enforcement Training, LLC.

Colorado Peace Officers Handbook (33rd ed.). (2019). LexisNexis.