Thursday, April 30, 2020
Luxury hotel free essay sample
Luxury hotels are always attracted by the rich and upper classes. These luxury hotels can distinguish the rich and the poor in a high level, and it is difficult to change these hotels to glocalization. One of the dilemmas facing the Alegre Hotel in Palma Cay is whether to glocalize and gradually become a unified campaign. This dilemma is the focus of Macro Bertini and John T. Gourvilleââ¬â¢s case study, ââ¬ËTime for A Unified Campaignââ¬â¢ (2011). ââ¬ËTime for A Unified Campaignââ¬â¢ concerns a luxury hotel in Palma Cay and the COO of Alegre Hotels, Fernando Ruiz. Alegre Hotels are a hotel chain that have gorgeous hotels around the world. Recently, Alegre hotel is facing a problem that the booking market in Palma Cay is extremely different in high and low season and there is a coming crisis to the traditional promotion. Beatriz Soto, the manager of Alegre hotel, wants to use $700,000 to change the present booking problem by cutting the price for the travel agencies and online portal. We will write a custom essay sample on Luxury hotel or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Besides, she claims that if they keep the traditional operation, the hotel may face the unrecoverable problem which is falling in business. On the other hand, Ana Montoya, the chief marketing officer of the company, is against Beatrizââ¬â¢s requirement for two reasons. She maintains that the hotel is an urban hotel and it would be undermine the hotel if they change to globalization by reducing the price in Alegre. In addition, she argues that the hotel managers chose their work because it provides unique property. Thus, Alegre hotelââ¬â¢s manager input will lose if they change strategy. Fernando now needs to make a decision to approve Beatriz or Ana. In other words, Fernando should consider the long-term strategy is whether to keep the traditional hotel operation in high-level or provide money to adapt to the local environment situation in Palma Cay. Two experts have given advice about this dilemma, Raul Gonzalez who is the CEO of a hotel, and Kevin Lane Keller who is a professor of marketing. Both of them recognize that Fernando should find ways to develop and help the problem of Alegre properties to use brand advantage to benefit the whole entire portfolio, and find ways to communicate and encourage customers. However, the viewpoint of the two experts is totally different. While Gonzalez asserts that Fernando should use bottom up strategy which is glocalize from individual to unify the campaign in Alegre, Keller claims that Fernando should use top down strategy which is to keep original structure of Alegre and focus on customers and the hotel managers. Gonzalez states that provide a large number of money is not only can solve the present booking problem, but also is investment for Alegre and benefit to the hotel brand. He suggests that Alegre should follow the airline model which is to cutting the price and keep a strong relation with travel agencies and online portals to encourage customers booking earlier. Meanwhile, he also gives a recommendation that the hotel can use video or brochures to promote Palma Cay. In contrast, Keller highlights that Fernandoââ¬â¢s aim is to focus on the customers and managers. He recommends that Fernando ought to develop a campaign that individual hotels can adapt to. In addition, Keller assets that Fernando need to protect the autonomy of the hotel managers because they can focus on those travel agencies to promote the advantage of the Alegre hotel. I concur with the position of Gonzalez that Fernando should invest the money to Alegre to globalize and become a unified campaign. Gonzalez argues that Alegre needed to be invested so that the brand of the hotel would earn benefits. Gonzalez give a recommendation for reducing the inventory pressure and breaking the dependence on intermediaries is that Alegre can use airline model to encourage booking desire of customers and find out the way communicate with customers directly to control the brand. In my opinion, not only customers are important, but also the quality and characteristics of the hotel are critical. Every Alegre hotel should has its own special features so that customers can remember and become target member of the hotel. Fernando should invest money on the key local characteristics on Alegre would make hotel attractive and customers become active. Besides, Fernando could provide some rewards on booking customers to make Alegre hotel more attractive.
Friday, April 10, 2020
Sample Essay With Works Citations
Sample Essay With Works CitationsA sample essay with works cited is a great way to impress your professor. This essay will show that you know what you are talking about and that you can write a document that is detailed and interesting. The essay should be completed on time and should include a cover letter or CV for the potential employer.There are many sites online where you can find samples of the same. Some have only one example, while others will be a set of examples that are exactly the same. You can decide which you would prefer. Another advantage of doing this at your own pace is that you can use the samples as a reference for the other essays you will be writing. This will make them appear less rushed and more professional.It is also important to remember that you will need to revise the samples to make them more interesting. This will include changing the way the examples are presented, adding more relevant information and rewriting the paper if necessary.As you look throug h the samples, you will notice that the original writers did not spend too much time looking for references. This is because it is obvious to them that they are writing for a job interview and you cannot afford to look dumb by referencing an obscure book or magazine article. Having said that, using a sample essay with works cited is good practice anyway.However, this is a sample essay and the ideas in the examples will not always apply to you. You will need to do your own research on this subject, so that you are sure to apply these principles in the finished essay. This may take a bit of time, but in the end you will find it useful.If you are worried about writing a complex essay that is good enough for your professor, you should relax. There are some extremely detailed articles that cover this topic and can easily be used as a reference.The best advice for writing a sample essay with works cited is to find a professor or lecturer who has published similar material. The more you ha ve read the better you will become at this style of writing. The professor will then be able to give you suggestions about what style of writing you should be adopting, and can also provide a cover letter or CV for you to fill in.
Saturday, March 21, 2020
At a whopping forty-six feet and a massive fifteen tons
At a whopping forty-six feet and a massive fifteen tons, you can see why the whale shark is called they whale shark. The whale shark is the biggest shark and the biggest fish in the ocean (The Whale Shark Bibliography - Tethys Marine). As you can see it is not a whale. It has a mouth, which is around 4 feet wide. Its mouth is at the front of the head and not underside like most sharks. On this massive giant, are a wide flat head, a rounded snout, small eyes, five gill slits, two dorsal fins, and two pectoral fins (The Whale Shark Bibliography - Tethys Marine). The spiracle is also located just behind the sharks eye. And another distinguishing feature is that its tail has a top fin much larger than the lower fin. Another unique characteristic is that the whale shark has a distinctive light yellow marking on its body. These come in the form of different stripes and dots. Like other sharks, the female is normally larger than the male sharks are. Also, pregnant females have bee! n found containing hundreds of pups, which means that whale sharks are viviparous. This means giving birth to live young, and these newborns are over two feet long. Most whale sharks are sexually mature at thirty years old. This is when they are able to mate and reproduce. One thing that may be of some relief would be that whale sharks are harmless to people and usually to divers as well. But to top all of that, it is estimated that whale sharks live up to 100 150 years. The classification of the whale shark is fairly simple, they are in kingdom Animalia, then phylum Chordata, next they are in subphylum vertebrata, after that is placed in the class Chondrichthyes, and then subclass Elasmobranchii (sharks and rays), next in the family Rhincodontidae, after that in the genus Rhincodon, and finally in the species Typus (The Whale Shark Bibliography. Tethys Marine). Swimming in the whale sharks can go
Wednesday, March 4, 2020
Battle of Balaclava in the Crimean War
Battle of Balaclava in the Crimean War The Battle of Balaclava was fought October 25, 1854, during the Crimean War (1853-1856) and was part of the larger Siege of Sevastopol. Having landed at Kalamita Bay in September, the Allied army had commenced a slow advance on Sevastopol. When the Allies elected to lay siege to the city rather than mount a direct assault, the British found themselves responsible for defending the eastern approaches to the area including the key port of Balaclava. Lacking sufficient men for this task, they soon came under attack from Prince Aleksandr Menshikovs forces. Advancing under the command of General Pavel Liprandi, the Russians were initially able to push back British and Ottoman forces near Balaclava. This advance was finally halted by a small infantry force and the Heavy Brigade of the Cavalry Division. The battle ended with the famed charge of the Light Brigade which came about due to a series of misinterpreted orders. Fast Facts: Battle of Balaclava Conflict: Crimean War (1853-1856)Dates: October 25, 1854Armies Commanders:AlliesLord Raglan20,000 British, 7,000 French, 1,000 OttomanRussiansGeneral Pavel Liprandi25,000 men78 gunsCasualties:Allies: 615 killed and woundedRussia: 627 killed and wounded Background On September 5, 1854, the combined British and French fleets departed the Ottoman port of Varna (in present-day Bulgaria) and moved towards the Crimean Peninsula. Nine days later, Allied forces began landing on the beaches of Kalamita Bay approximately 33 miles north of the port of Sevastopol. Over the next several days, 62,600 men and 137 guns came ashore. As this force commenced its march south,à Prince Aleksandr Menshikov sought to halt the enemy at the Alma River. Meetingà at the Battle of the Alma on September 20, the Allies won a victory over the Russians and continued their advance south towards Sevastopol. Field Marshal Fitzroy Somerset, 1st Baron Raglan. Library of Congress Though the British commander, Lord Raglan, favored a swift pursuit of the beaten enemy, his French counterpart, Marshal Jacques St. Arnaud, preferred a more sedate pace (Map). Slowly moving south, their tardy progress gave Menshikov time to prepare defenses and re-form his beaten army. Passing inland of Sevastopol, the Allies sought to approach the city from the south as naval intelligence suggested the defenses in this area were weaker than those in the north. This move was endorsed by noted engineer Lieutenant General John Fox Burgoyne, son of General John Burgoyne, who was serving as an advisor to Raglan. Enduring a difficult march, Raglan and St. Arnaud elected to lay siege rather than directly assault the city. Though unpopular with their subordinates, this decision saw work begin on siege lines. To support their operations, the French established a base on the west coast at Kamiesh, while the British took Balaclava in the south. The Allies Establish Themselves By occupying Balaclava, Raglan committed the British to defending the Allies right flank, a mission that he lacked the men to accomplish effectively. Located outside of the main Allied lines, work began on providing Balaclava with its own defensive network. To the north of the city were heights which descended into the South Valley. Along the northern edge of the valley were the Causeway Heights across which ran the Woronzoff Road which provided a vital link to the siege operations at Sevastopol. To protect the road, Turkish troops began building a series of redoubts beginning with Redoubt No. 1 in the east on Canroberts Hill. Above the heights was the North Valley which was bounded by the Fedioukine Hills to the north and the Sapounà © Heights to the west. To defend this area, Raglan had only Lord Lucans Cavalry Division, which was camped at the western end of the valleys, the 93rd Highlanders, and a contingent of Royal Marines. In the weeks since Alma, Russian reserves had reached the Crimea and Menshikov began planning a strike against the Allies. The Russians Rebound Having evacuated his army east as the Allies approached, Menshikov entrusted the defense of Sevastopol to Admirals Vladimir Kornilov and Pavel Nakhimov. A savvy move, this allowed the Russian general to continue maneuvering against the enemy while also receiving reinforcements. Gathering around 25,000 men, Menshikov instructed General Pavel Liprandi to move to strike Balaclava from the east. Capturing the village of Chorgun on October 18, Liprandi was able to reconnoiter the Balaclava defenses. Developing his plan of attack, the Russian commander intended for a column to take Kamara in the east, while another attacked the eastern end of Causeway Heights and nearby Canroberts Hill. These assaults were to be supported by Lieutenant General Ivan Ryzhovs cavalry while a column under Major General Zhabokritsky moved onto the Fedioukine Heights. Commencing his attack early on October 25, Liprandis forces were able to take Kamara and overwhelmed the defenders of Redoubt No. 1 on Canroberts Hill. Pressing forward, they succeeded in taking Redoubts Nos. 2, 3, and 4, while inflicting heavy losses on their Turkish defenders. Witnessing the battle from his headquarters on the Sapounà © Heights, Raglan ordered the 1st and 4th Divisions to leave the lines at Sevastopol to aid the 4,500 defenders at Balaclava. General Franà §ois Canrobert, commanding the French army, also sent reinforcements including the Chasseurs dAfrique. Clash of the Cavalry Seeking to exploit his success, Liprandi ordered forward Ryzhovs cavalry. Advancing across the North Valley with between 2,000 to 3,000 men, Ryzhov crested the Causeway Heights before spotting Brigadier General James Scarletts Heavy (Cavalry) Brigade moving across his front. He also saw the Allied infantry position, consisting of the 93rd Highlands and the remnants of the Turkish units, in front of the village of Kadikoi. Detaching 400 men of the Ingermanland Hussars, Ryzhov ordered them to clear the infantry. The Thin Red Line, oil on canvas, by Robert Gibb, 1881. National War Museum of Scotland Riding down, the hussars were met with a furious defense by the Thin Red Line of the 93rd. Turning the enemy back after a few volleys, the Highlanders held their ground. Scarlett, spotting Ryzhovs main force on his left, wheeled his horsemen and attacked. Halting his troops, Ryzhov met the British charge and worked to envelop them with his larger numbers. In a furious fight, Scarletts men were able to drive back the Russians, forcing them to retreat back over the heights and up the North Valley (Map). Charge of the Heavy Cavalry Brigade at Balaclava. Library of Congress Confusion Retreating across the front of the Light Brigade, its commander, Lord Cardigan, did not attack as he believed his orders from Lucan required him to hold his position. As a result, a golden opportunity was missed. Ryzhovs men halted at the east end of the valley and reformed behind a battery of eight guns. Though his cavalry had been repulsed, Liprandi had infantry and artillery on the eastern part of the Causeway Heights as well as Zhabokritskys men and guns on the Fedioukine Hills. Desiring to retake the initiative, Raglan issued Lucan a confusing order to attack on two fronts with infantry support. As the infantry had not arrived, Raglan did not advance but did deploy the Light Brigade to cover the North Valley, while the Heavy Brigade protected the South Valley. Increasingly impatient at Lucans lack of activity, Raglan dictated another vague order instructing the cavalry to attack around 10:45 AM. Delivered by hot-headed Captain Louis Nolan, Lucan was confused by Raglans order. Growing angry, Nolan insolently stated that Raglan desired an attack and began indiscriminately pointing up the North Valley towards Ryzhovs guns rather than to the Causeway Heights. Angered by Nolans behavior, Lucan sent him away rather than question him further. Charge of the Light Brigade Riding to Cardigan, Lucan indicated that Raglan desired him to attack up the valley. Cardigan questioned the order as there were artillery and enemy forces on three sides of the line of advance. To this Lucan replied, But Lord Raglan will have it. We have no choice but to obey. Mounting up, the Light Brigade moved off down the valley as Raglan, able to see the Russian positions, watched in horror. Charging forward, the Light Brigade was hammered by the Russian artillery losing nearly half its strength before it reached Ryzhovs guns. Charge of the Light Cavalry Brigade at Balaclava. Public Domain Following to their left, the Chasseurs dAfrique swept along Fedioukine Hills driving off the Russians, while the Heavy Brigade moved in their wake until Lucan halted them to avoid taking more losses. Battling around the guns, the Light Brigade drove off some of the Russian cavalry, but was compelled to retreat when they realized that no support was forthcoming. Nearly surrounded, the survivors fought their back up the valley while under fire from the heights. The losses incurred in the charge prevented any additional action by the Allies for the rest of the day. Aftermath The Battle of Balaclava saw the Allies suffer 615 killed, wounded, and captured, while the Russians lost 627. Prior to the charge, the Light Brigade possessed a mounted strength of 673 men. This was reduced to 195 after the battle, with 247 killed and wounded and the loss of 475 horses. Short on men, Raglan could not risk further assaults on the heights and they remained in Russian hands. Though not the complete victory that Liprandi had hoped for, the battle severely restricted Allied movement to and from Sevastopol. The fighting also saw the Russians assume a position closer to the Allied lines. In November, Prince Menshikov would use this advanced location to launch another attack that resulted in the Battle of Inkerman. This saw the Allies win a key victory that effectively broke the fighting spirit of the Russian army and put 24 of the 50 battalions engaged out of action.
Monday, February 17, 2020
Green Case Study Example | Topics and Well Written Essays - 1000 words
Green - Case Study Example Green Case Jain suggest that politics is an art of governance where, the involved persons formulate rules or regulations and principles that would help them run or deliver well to the public or community at large. Politics involves matters or affairs of public interest. Politics relates most with power and resource distribution. Here political ideas used to create chances or persuade people or individuals for personal gain. However, politics has both the good and the bad side in every involvement that touches on politics. Politics may play a major role in influencing certain actions or behaviors to suit personal gain. In an organization, politics may influence the decisions the management make at certain points concerning certain critical issues in the organization. Issues about promotion and performance at work may involve politics. Politics plays an important role in creating regulations and principles governing the public affairs with an aim of maintaining law and order. With thes e points at hand, in agreement with statement that politics is not inherently bad there are several instances or reasons in favor of this statement. To support the statement, it is good to consider the case of Michelle Jones, used her political tactics to shape up her regionââ¬â¢s strategy and the support she gave to their selling efforts. To this end, this political move translated to her performance and for her organizationââ¬â¢s benefit at the end of the day.... Politics has power to institute changes in an organization (Sasser and Beckham 9; Jain 151). From Sasser and Beckham (8) suggestions, it is true also that, politics is a fact in an organization. Here, Thomas used his political and his power of creativity to influence or convince the companyââ¬â¢s vice president so as to get into the ob position he so wished to be in. In normal circumstances, this would not have occurred in this order, positions some times go with experience and the right procedure to select qualifying candidates within the department or organization may seem okay. In addition, because of politics some decisions that would have been impossible to make, influencing may be in a matter of hours of a few days when a politically activated channel of decision-making is used (Jain 156). Decisions in a big organization may at one point need the application of politics to effect good and reliable solutions as this may call on all company employees and representatives to par ticipate in some kind of voting for the best principles for an organization to adapt. This points out to Michelleââ¬â¢s efforts that involved all the sells representatives at one point or the other. A number of organizational factors that lead to or contribute to some political behaviors in an organization range form; self-serving seniors, unclear evaluation systems in an organization, this may be in terms of promotions and critical decision making, lack of such systems leads to the individuals like Thomas seeking there own way to address there needs or ways of promotion. High performance pressures, this case an assumption concerning Michelleââ¬â¢s political involvement that created an impression to her seniors and a move
Monday, February 3, 2020
Happiness and meaning Essay Example | Topics and Well Written Essays - 500 words
Happiness and meaning - Essay Example In my view on the meaning of human life, the both reason why some people never find meaning in life is that they are either individualistic and they do not want to share their lives with other people, or they never get chance to do or to work in fields that they love. The following is the main reason why I believe that the meaning of human life can be found in serving other human beings. To begin with, a critical look at the main reason why many people never find meaning in life shows that they are individualistic and they do not want to share their lives with other people. In their reflections on the meaning of life, Kolak and Martin agrees with this view when they argue that the main cause of human struggle is division from within and from without, Kolak and Martin argues, ââ¬Å"Everyone knows it takes two to have a fight. You canââ¬â¢t be involved in a struggle unless someone is resisting. The resistance might come from outside or from the inside- either you are divided from someone else, or from environment, or from yourselfâ⬠(Kolak and Martin, 88). For Kolak and Martin, therefore, once one is united with other people, with the environment, and even with oneself, there is less struggle in life and hence, one will find the meaning of life. Kolak and Martin goes on to argue that it is only by ending the divisions or the fragmentations that cause human st ruggle that one can avoid struggling, hence finding the meaning of life. A critical look at the main cause of division that Kolak and Martin are talking about shows that it is individualism; because of individualism, people are separated from others, from the environment, and even from themselves because they will not be at peace with themselves when they are not united with other people and the environment. For this reason, therefore, individualism is actually the main cause of human fragmentation that makes human beings to see life
Sunday, January 26, 2020
Ethical Issues In Contemporary American Police
Ethical Issues In Contemporary American Police Abstract The purpose of this research paper is to provide a modern overview of three major ethical issues pertaining to contemporary American policing and criminal justice. Corruption for personal gain is one of the most fundamental ethical violations in policing relates and relates to the misuse of authority for personal betterment. Truthfulness in court testimony, good faith, and constitutional compliance differ from traditional corruption because the underlying motive is to pursue what the police officer believes is a just outcome rather than personal gain. Racism and Racial Profiling refer to targeting individuals solely based upon their race. Major ethical issues in contemporary American policing and criminal justice Introduction Law enforcement and policing are areas where ethical values are crucial, by virtue of the powers and authorities that are granted to law enforcement officers. Police have the power to make arrests and to use force, including deadly force, to overcome resistance to arrests. They also enjoy considerable latitude and discretion in the exercise of their policing authority, such as in terms of who they choose to investigate and how they execute their responsibilities. Naturally, policing powers can be misused, such as for personal gain, and that problem was rampant in many police agencies in the early history of American policing; in many countries, bribes and graft continue to be ordinary means of negotiating for leniency with police authorities. American policing has evolved tremendously in the last century with respect to ethical values and the standards of conduct expected of police personnel. Nevertheless, ethical issues still arise, such as in connection with the veracity of police testimony at trial, constitutional compliance in the field, and with respect to racism in policing. Corruption for Personal Gain One of the most fundamental ethical violations in policing relates to the misuse of authority for personal aggrandizement. It was rampant in early American policing, largely because the entire process of appointment to the position of police officer in cities like New York and Chicago in the late 19th and early 20th century depended on illicit payoffs to political officials and their proxies (Conlon, 2004). In the 1970s, the now-infamous case of New York City Police Department (NYPD) officer Frank Serpico sparked the establishment of the Knapp Commission to identify and put a stop to rampant corruption within the nations largest municipal police department. Those series of investigations revealed that the entire police department, from patrol officers all the way up through the highest ranks of police administration was corrupt. Instead of bribery, and extortion of criminal suspects being the rare exception to the rule, it was the police officer like Frank Serpico who refused to part icipate who was the exception. Moral integrity in that regard resulted in the honest police officer being ostracized by his fellow officers; in Serpicos case, it nearly proved deadly when other officers deliberately failed to provide adequate backup when he confronted an armed assailant (Conlon, 2004). Generally, empirical studies of police corruption distinguish the misuse of police authority for the overt, aggressive pursuit of illicit gains from the passive participation in corrupt practices on the part of individuals within an existing organizational culture in which such practices are condoned or considered unremarkable (Cloud, 1994). Police officers who engage in the former are considered meat-eaters; those who participate only in the latter form of corruption are considered grass-eaters (Delattre, 2006). The most important significance of that distinction is that when a police agency maintains an organizational culture in which corruption of any kind is treated as criminal deviance and punished accordingly, only officers who are inclined to be meat-eaters still engage in corrupt practices. Generally, those officers who would have been grass-eaters within a corrupt police culture do not initiate corruption spontaneously and would have only been susceptible to corruption in an environment where it was expected by their fellow officers and where refusing to participate would have undermined their peer-to-peer relationships (Delattre, 2006). Meanwhile, more discriminating hiring practices, better training, and increased supervision have all but eliminated overt police corruption in American policing (Schmalleger, 2009). Today, when police corruption occurs, it is typically in connection with isolated instances involving individual officers or units rather than entire police agencies, and it results in newspaper headlines and calls for immediate administrative action, including appropriate actions against supervisors and police administrators who failed to prevent, identify, and take immediate action against any type of police corruption on their watches (Schmalleger, 2009). Truthfulness in Court Testimony and Good Faith and Constitutional Compliance Another important issue in contemporary policing ethics relates to the conduct of police officers as witnesses in court proceedings. Unlike traditional police corruption that prevailed a century or more ago and that was dealt with more recently by the Knapp Commission in New York, this type of unethical conduct is fundamentally different because the underlying motive is to pursue what the police officer believes is a just outcome rather than personal gain. Specifically, police officers often face a difficult ethical dilemma in connection with testifying at criminal trials: namely, they know that the defendant is guilty but that the outcome of the trial may hinge on what they say on the stand (Raymond, 1998). If they testify with absolute truthfulness on the witness stand when being questioned by seasoned defense attorneys, defendants may be exonerated by juries if defense counsel can successfully introduce any basis for doubting the accuracy of the factual accounts provided by police officer testimony. As a result, even otherwise ethical police officers may be tempted to alter their testimony at trial in the interest of securing a conviction that they believe represents justice more than exoneration as a result of their completely truthful testimony (Raymond, 1998). This particular ethical problem is more complex than simply training police officers to testify truthfully on the witness stand. It includes the problem of training police officers not to misrepresent the facts in their initial incident reports in articulating their accounts of arrests and about how they characterize what they actually observed (Cloud, 1994). The unethical approach used by many officers in some police departments includes simply misrepresenting the truth in their written characterizations to justify police conduct, particularly in connection with justifications for searches and the use of force (Foley, 2000). To a great degree, police agencies control how truthfully their officers represent the factual circumstances detailed in their field reports and arrest reports. In that regard, the phrase articulation can be used to mean careful attention to detail or, alternatively, it can mean that officers make sure to include any details required to support their actions at trial, irrespective of whether or not those descriptions actually represent the truth of what happened on the street (Raymond, 1998). For a typical example, a patrol officer may know from practical experience that drug dealer frequently try to secret small amounts of drugs or weapons under the seats of their vehicles or in between the cushions. Generally, the 4th Amendment prohibitions of unwarranted search and seizure require either consent from the driver or probable cause to permit a police officer to search anywhere within a vehicle stopped for a traffic violation beyond what is plainly visible to the officer from his vantage point during the traffic stop (Zalman, 2008 137). Similarly, under Terry v. Ohio (1968) police officers may only conduct a cursory pat-down of the external clothing of subjects of their investigations and only for the purpose of ensuring their safety in connection with concealed weapons; they may not search through pockets for contraband of conduct other searches beyond the scope of the so-called Terry frisk (Schmalleger, 2008 p256). However, as a practical matter, compliance with both rul es depends substantially on the ethical commitment of the patrol officer, and of the commitment of his agency as reflected in his training and in the leadership of his supervisors. To get around the 4th Amendment limitations of vehicle searches, all the police officer has to do is record in his report that the driver made a furtive movement or that the officer observed him reaching beneath his seat as he pulled over for the officer (Raymond, 1998). He could also simply record that a portion of the baggie containing drugs was visible in between the seat cushions or that the handgrip of a pistol was visible protruding from underneath the passenger seat from the officers normal vantage point. From the perspective of the police officer, misrepresenting the literal truth in such cases may be less important than taking drugs and illegal handguns off the street (Raymond, 1998). Complying strictly with constitutional requirements is an ethical issue that reflects the commitment of the police agency, or, where doing so is routinely ignored, reflects the lack thereof. Consider the effect of police supervisors who caution their subordinates very specifically never to violate constitutionally legitimate police procedure for the sake of making an arrest as opposed to the effect of supervisors who preach only that whatever officers do in the field must be articulated properly in their reports to support prosecution. In practice, the first approach teaches officers that they may not impose their desire to interdict drugs and weapons and that they may not indulge even their strongest practical suspicions without constitutional authority to do so. Conversely, the second approach teaches officers not to wait until they get to court to lie; rather, the necessary lies to support their actions in the field must be properly articulated in their field reports so that they support their testimony at trial. Sometimes, police procedure evolves specifically to circumvent constitutional protections against unwarranted searches and seizures in ways that are not susceptible to easy challenges. When officers engage in those behaviors independently or spontaneously, they represent ethical violations only on the part of those officers. However, when those practices become part of police training, they represent ethical violations at the departmental level. Such was precisely the situation in connection with police practices in Missouri that prompted the 2004 ruling by the United States Supreme Court in Siebert v. Missouri that now prohibits one such particular strategy: namely, two-tiered interrogations intended to circumvent the Miranda protections against self-incrimination (Hoover, 2005). Generally, the standard police practice necessary to satisfy the landmark 1966 Supreme Court ruling in Miranda v. Arizona requires police to advise suspects of their 5th Amendment right to remain silent before any custodial questioning (Zalman, 2008). In Missouri, as in several other jurisdictions, police had adopted the practice of questioning criminal suspects extensively prior to arresting them, but in a context in which the suspects would not have reasonably believed that they could simply refuse to answer, such as when surrounded by uniformed police. Technically, the only penalty for questioning suspects outside of Miranda is the application of the exclusionary rule preventing the prosecution from using that evidence at trial (Zalman, 2008). Missouri police had adopted the specific strategy of first questioning suspects outside of Miranda, then advising them of their 5th Amendment rights, and subsequently re-interviewing them (Hoover, 2005). Since suspects typically do not understand the legal implications of Miranda compliance, they would repeat statements in subsequent questioning under Miranda that they knew they had already answered previously. Since those subsequent interviews occurred in full compliance with Miranda, the prosecutors would introduce those statements at trial (Hoover, 2005). In Siebert, the U.S. Supreme Court expressly prohibited such practices, precisely because they amounted to nothing more than deliberate attempts to do what Miranda had prohibited for (then) almost forty years. Police may not extract information from criminal defendants during custodial questioning, which does not necessarily require formal arrest under circumstances where an individual would is believe that he is free to terminat e the interaction with police or to refuse to respond (Hoover, 2005). By deliberately employing a two-tiered (i.e. pre-Miranda and post-Miranda) interrogation strategy, Missouri police had engaged in unethical conduct that eventually required judicial intervention at the highest level. Currently, similar practices in New York have resulted in widespread complaints in connection with routine practices employed by NYPD officers to make marijuana possession arrests (CCR, 2012; NYCLU, 2012). Typically, the officers initiate an investigatory detention to conduct an interview with subjects based on subjective suspicions that would not justify a search of the subject. They ask the subject to show them what is in his pocket and if he complies by producing a small quantity of marijuana, they arrest the individual for possession. The charges stemming from those arrests are eventually dismissed in criminal court on a case-by-case basis (CCR, 2012; NYCLU, 2012), but the specific matter of unethical police conduct has not yet been addressed by a higher court. Racism and Racial Profiling Prior to the American Civil Rights Era, racial and ethnic minorities were routinely subjected to police procedures that were manifestly unconstitutional and unethical (Crutchfield, Fernandes Martinez, 2010; Staples, 2011). During the 1950s and 1960s, the National Guard had to be deployed to protect black students enrolling in schools in states where local police would not and federal law enforcement authorities had to take over law enforcement and criminal investigation functions in Mississippi after local authorities with links to the Ku Klux Klan were complicit if not directly involved in the murder of four civil rights workers from New York (Schmalleger, 2009). In the modern post-Civil Rights era, racism is still a ripe area of ethical issues in American policing (Staples, 2011). Typically, racism arises in policing in connection with the racial profiling of drivers subject to traffic stops. Specifically, racial profiling occurs when police officers target drivers based on their apparent race or ethnicity for ordinary traffic enforcement stops (Schmalleger, 2009; Zalman, 2008). This type of ethical violation, like many others, can represent either the prejudices and biases of individual officers or the condoning of such practices at an organizational level. Conclusion Outright police corruption, particularly on the scale of whole police departments, was eliminated nearly completely in the last few decades of the 20th century after one especially high-profile egregious case within the largest police force in the country. However, more subtle ethical problems still emerge and require judicial intervention even in the modern era. Police sometimes manipulate their procedures in the field to take advantage of apparent loopholes in laws meant to protect citizens from excessive police intrusions. Likewise, racism also continues to present a background for unethical conduct among police officers inclined in that direction. In almost all types of contemporary ethical issues in American policing, the expectations and leadership messages coming from the employing agency is all that stands in between individual instances of unethical conduct and the spread of those unethical practices throughout the agency. References Center for Constitutional Rights. 2012, NYPDs Stop and Frisk Practice: Unfair and Unjust. Accessed 2 February 2013 from: http://ccrjustice.org/stopandfrisk Cloud M 1994 The dirty little secret. Emory Law Journal (43): 1311 1349 Conlon E. (2004) Blue Blood. New York: Riverhead. Crutchfield, RD, Fernandes, A, Martinez, J 2010, Racial and ethnic disparity and criminal justice: how much is too much? Journal of Criminal Law Criminology 100(3): 903-932 Delattre E. 2006 Character and Cops: Ethics in Policing. Washington, DC: AEI Press. Foley M. 2000 Police Perjury: A Factorial Survey. U.S. Department of Justice, Accessed 1 February 2013 from: http://www.ncjrs.gov/pdffiles1/nij/grants/181241.pdf Hoover L 2005 The supreme court brings an end to the end run around Miranda. FBI Law Enforcement Bulletin 74(6): 26-32 New York Civil Liberties Union 2012 Stop-and-Frisk Campaign: About the Issue. Accessed 2 February 2013 from: http://www.nyclu.org/issues/racial-justice/stop-and-frisk-practices Raymond M 1998 Police policing police: some doubts. St. Johns Law Review 72(3): 1255- 1264. Schmalleger F 2008 Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall. Staples R. White power, black crime, and racial politics 2011 Black Scholar 41(4): 31- 41. Zalman M 2008 Criminal Procedure: Constitution and Society New Jersey: Prentice Hall.
Subscribe to:
Posts (Atom)