Thursday, December 26, 2019

Rhode Island v. Innis Supreme Court Case, Arguments, Impact

In Rhode Island v. Innis (1980), the Supreme Court created the functionally equivalent standard for determining when police officers are interrogating a suspect. The Court ruled that an interrogation is not limited to direct questioning, but instead covers any actions that can be reasonably understood as coercive. Fast Facts: Rhode Island v. Innis Case Argued: October 30, 1979Decision Issued:  May 12,1980Petitioner:  Rhode IslandRespondent:  Thomas J. InnisKey Questions: What constitutes an interrogation under Miranda v. Arizona? Did police officers violate Innis right to remain silent when they expressed concerns about the location of a weapon while transporting Innis to the police station?Majority Decision: Justices Burger, Stewart, White, Blackmun, Powell, RehnquistDissenting: Justices Brennan, Marshall, StevensRuling:  Under precedent set in Miranda v. Arizona, coercive conduct could be functionally equivalent to an interrogation. Facts of the Case Four days after he went missing, police recovered the body of John Mulvaney, a Providence, Rhode Island, taxicab driver. He appeared to have died from a shotgun blast. A few days after uncovering the body in a shallow grave in Coventry, Rhode Island, police received a report of a robbery in which the assailant had used a sawed-off shotgun to threaten a taxicab driver. The driver identified his assailant twice at the police station using photos. Police began to search for the suspect. A patrolman spotted Thomas J. Innis at 4:30 a.m. The patrolman placed Innis under arrest, advising him of his Miranda rights. Innis was unarmed. A sergeant and captain arrived on the scene and again advised Innis of his rights. This time, Innis requested an attorney and the captain made it clear that the patrolmen accompanying Innis to the police station were not to question him. During the ride, two of the officers began to discuss concerns about gun safety. There was a school for children with disabilities in the neighborhood. The officers suggested that if a child found the discarded shotgun, they might injure themselves trying to play with it. Innis interrupted the conversation and told the officers where he had hidden the gun. During the search for the weapon, the officers again advised Innis of his rights. Innis said he understood his rights, but wanted to make sure that the gun was out of reach of children in the area. Constitutional Issues The Fifth Amendment ensures that an individual has the right to remain silent until they can speak with an attorney. Did the conversation between officers seated in the front of the car violate Innis Fifth Amendment right to remain silent? Did the officers interrogate Innis during the drive to the police station, despite Innis request for an attorney? Arguments Unlike some cases stemming from the Miranda v. Arizona decision, neither attorney argued that Innis was not properly advised of his rights. Neither attorney argued whether Innis was or was not in custody during transport to the police station. Instead, the attorney representing Innis argued that officers had violated Innis right to remain silent when they questioned him after  he asked for an attorney. The conversation about gun danger was a tactic used to get Innis to cooperate, the attorney argued. That tactic should be included within the Courts definition of an interrogation, according to the attorney. The government claimed that the conversation between officers did not concern Innis. They never prompted a response from Innis and did not explicitly question him during the ride. Information about where the shotgun was located was freely offered by Innis, the attorney argued. Majority Opinion Justice Potter Stewart delivered the 6-3 decision in favor of Rhode Island. The majority expanded the meaning of the word interrogation as it applies to Miranda warnings. In Miranda v. Arizona, the Court was concerned about the interrogation environment, an atmosphere created by actions that could exist outside of a police station. The case noted that there were many police tactics, such as psychological ploys and coached witnesses, that could violate a suspects rights but were not based on verbal communication with the suspect.   Justice Stewart wrote: That is to say, the term interrogation under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The Court noted that, in Innis case, the conversation between patrolmen on the way to the police station was not functionally equivalent to an interrogation. The officers had no way of knowing their conversation would encourage a response from Innis, the Court found. Nothing in the record suggested that an appeal to the safety of children would coerce Innis into revealing the location of the weapon. Dissenting Opinion Justices John Marshall and William J. Brennan agreed with the way the majority defined the term interrogation but reached a different outcome in terms of Innis case. Justice Marshall argued that it would be difficult to find a more targeted appeal to someones conscience than the death of a helpless, handicapped little girl. The officers should have known that their conversation was going to have an emotional impact on the suspect, the justices argued. In a separate dissent, Justice John Paul Stevens argued for a different definition of interrogation. According to Justice Stevens, interrogation is any type of conduct that has the same purpose or effect as a direct statement. Impact The Supreme Court developed a standard for interrogation under Miranda that is still used today. The case added to jurisprudence expanding and clarifying key aspects of the landmark 1966 ruling. In Rhode Island v. Innis, the Court affirmed that Miranda v. Arizona was not written to solely safeguard suspects from direct questioning while waiting for an attorney, but other functionally equivalent acts of coercion as well. Sources Rhode Island v. Innis, 446 U.S. 291 (1980).Schutzman, Alan M. â€Å"Rhode Island v. Innis.† Hofstra Law Review, vol. 9, no. 2, 1981.

Wednesday, December 18, 2019

Essay on The Main Function of Cyber Security - 1068 Words

Operation Aurora Americans are becoming heavily dependent on modern day technology, which produce more vulnerability to cyber-attacks such as security breaches. Cyber security, also known as information technology security, is information security as applied to computers and computer networks. It is designed to protect networks, programs, computers and data from attacks. These attacks can lead to damages or unauthorized access to data. Computer security also includes protection from unplanned events and natural disasters. Cyber security main function is to guard computers, networks, programs and data from unintended or unauthorized access, change or destruction. Confidential information on computers is collected, processed, stored and data†¦show more content†¦If this is not possible due to legal laws Google acknowledged that it may leave China and close its Chinese offices. Google said it was reviewing its business in China. On the same day, United States Secretary of State Hillary Clinton issued a brief statement condemning the attacks. Dmitri Alperovitch, Vice President of Threat Research at cyber security company McAfee, named the attack Operation Aurora. Research by McAfee Labs discovered that â€Å"Aurora† was part of the file path on the attacker’s machine that was included in two of the malware binaries McAfee said were associated with the attack. We believe the name was the internal name the attacker(s) gave to this operation, McAfee Chief Technology Officer George Kurtz stated. McAfee believed the prime objective was to gain access to and modify source code repositories at these high tech, security and defense contractor companies. Alperovitch said that they were the crown jewels of these companies and were wide open. Google stated that some of its intellectual property had been stolen. It believed that the attackers were concerned in accessing Gmail accounts of Chinese nonconformists. 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Tuesday, December 10, 2019

Human Resource Management Business Service Sector

Question: Discuss about the Human Resource Management for Business Service Sector. Answer: Introduction: To introduce Human Resource Management in the Hospitality industry, it can be said that it is a general section off areas, within the service sector. This industry illustrates the uniform and superior quality of service to the clients. Hospitality industry incorporates planning of events, transportation, and several parts of the tourism sector, lodging, and much more. The hospitality industry shows the highest growth rate than any other industries. The hospitality industry is diverse in nature with unique responsibilities for the Human Resource Management. The dimensions of this industry are oriented towards the satisfaction of the guests. The products of the hospitality industry are perishable. It requires positive reputation to increase the market demand (Grosbois 2012). There are several issues which are shaping the workplace, like economic uncertainty, tight situations in the labour market, globalisation, and others. These have their effects on the workplace ethics, global practices, Human Resource disciplines, relation with the employees, and technological platforms. There were various challenges in these fields which were identified by the professionals. The assignment holds a critical analysis of these issues potential impact on the role of the Human Resource Management and how it changes the organizational goals and objectives. The details of the trends in the hospitality are discussed here with prescriptions for the issues which can be provided by the Human Resource Management (Bratton Gold, 2012). As argued by Jackson, Schuler, and Jiang (2014), the workplace in the hospitality industry is getting a new shape due to globalisation. People being able to travel around the world more freely increased the number of travelers. The international tourist arrivals were 674 million in the year 2000. This figure rose to 940 million in the year 2010. The income due to this increase has also increased largely. This industry has a lot to share to a countrys national income accounting. The problems can arise due to globalization are physical threats to the economy. The task for the Human Resource Management is to make sure that globalization is used as an active tool for the hospitality industry. The increased tourist arrivals can be used to flourish the hospitality sector of an economy. Investment in this area will attract more visitors. It is a part of the service industry. Thus, the quality of the service is also a vital attribute in a globalised market. Data Security is another big concern which affects both the employers and the employees. Breaching the data security of an economys hospitality industry can cause risks to the supply chain and policy projections. According to Stredwick (2013), this can increase workplace violence, social and in some extreme cases political instability. The place of business where an organization is working will be at severe risk which can cause physical insecurity or some other kinds of losses. Security breaches in the hospitality industry are critical. The managements have to prepare disaster plans to face these situations if the security gets breached. There can also be material breaches which result in deaths and injuries. The management is required to create securities such tight that it can help the economy to guard the industry. Due to constant evolving of cyber tools, breaching the security becomes easier if the security created becomes backdated. Hence, the security has to be updated with tim e. According to Hoque (2013), the hospitality industry is one of the most diverse regarding the guests and employee population. New cultural experiences are shared in this industry. Understanding different cultures and appreciation of the same is required in this sector to enhance interactions with the guests of diverse cultures, religions, races, genders, and others. Thus, training for this purpose is must to appreciate and accommodate people from different background. It enhances the delivery of proper ethical and satisfactory service. With more diversification, the number of people being employed in this industry is increasing rapidly. This way, hospitality industry gives strength to an economy. On the other hand, Storey (2014) stated that the tourists from the countries with stronger currency visiting a country with a weaker currency, thus, bring more income to the seconds economy. Discouraging discrimination and encouraging intercultural activities are required due to these reasons . Cultural, educational programs can be done to meet this problem. As discussed by Kehoe and Wright (2013), with the rise in the share of the hospitality industry in an economy, global competition is growing rapidly. To make the offerings more attractive to this industry, the quality of the services has to be more appealing towards the customers. Service is at the top of the requirement list of the guests. Without top quality service, the industry will lose its reputation, and it will give a bad blow to the earning capacity of an economy. It can be analyzed that the other industries which are benefited by the hospitality industry will also get affected by this. World class service providing thus is a necessity in the hospitality industry. Hotels, restaurants and other institutions representing the hospitality industry are increasing investments in increasing the value of the service they are providing. Customer satisfaction is directly linked to the financial outcomes in this industry. Retaining guests is a must to survive in this industry. The gove rnments of the countries with lower service quality thus need to see in to this matter. The need for skilled workers has risen in this industry since globalization. Attracting educated and skilled employees have become more difficult for the organizations operating in the hospitality industry. This situation needs the Human Resource Management to build an employer brand which can meet the criteria of this industry. A strong corporate social responsibility initiative has to be taken by this department. Global Relocations and immigration policies are thus coming up with the problems of the hospitality industry are unfolding. The competition for talent in this industry is influencing benefit strategies and changing compensation. The Human Resource Management has to make sure these problems are well addressed (Shaw, Park Kim, 2013). The technologies being used in this industry are changing every day. New talent networks, crowdsourcing, internal social networks increases the fluency in this industry. The market has been more transparent due to the heavy usage of social media. It makes managing a top quality virtual workforce necessary. The flexibility in the products and services are dependent on these networks. With the research and development going on, this industry will be more transparent in the future. The management can use this phenomenon. Social media can be utilized here to reach the customers and potential clients. An organization operating in the hospitality industry can use the social media to gauge the value of the service that is being provided to the customers. It can also be a platform for the organizations to interact with their loyal customers. Virtually all the available tourist services will include information from all over the globe. The globalization has ensured that a potential client can be from any part of the world. New technologies increase the marketing opportunities for an organization (Renwick, Redman Maguire, 2013). As stated by Oke (2016), political unrest causes an economy many problems. For example, it hits the tourism sector directly as the demand in the market dries up due to the security risks caused by the unrest. The hospitality industry in total gets an adverse effect due to political and economic disturbances. Hiring Human Resource individuals and their decisions become more expensive. The budgets get shortened due to these reasons for an organization. Economic insecurity is another kind of security breach risk for the hospitality industry. This might lead to a recession of an economy. People employed in this sector will get unemployed. The industries related to this sector will also receive the same outcome. Hence, this problem has to be addressed by the economy's stakeholders. They have to ensure such political or economic unrest are properly handled with predetermined strategies. Implementation of the strategies depends on the efficiency level of the management. Falling short in doi ng so will cause havoc both in the industry and the economy of a country. Increasing the territorial boundaries reduces the number of guests of an organization. According to Hendry (2012), Data-driven analysis is the new need in the hospitality industry. The Human Resource Management is in the stressed situation because of this demand. But, the Human Resource Management of the hospitality industry is not capable of analyzing "big data" to create strategies for every possible outcome of an investment or disinvestment. These analyses can be used to understand the situations of a market and predict a trend line. This analysis can prescribe policies that can be used to change the course of an economy. For this purpose, the organizations can introduce a professional who deals with the data. These professionals expertise and the Human Resource Managements strategies can be used together to analyze a market and strategies can be developed from the results that have been extracted from the data (Marler Fisher, 2013). The global population demographic is rapidly shifting. The population from the working age group is not the ones who use global hospitality. These people mainly use the services of the local organizations. Hence, the management has to keep this in mind while creating strategies for providing service. The management has to design the services such that they satisfy the needs of those who are global travelers, coming from the non-working group background (Kulik et al., 2014). The future trend of the hospitality industry needs more efficiency and ethical strategies. More eco-lodgings and environmental friendly institutions with quality services will only ensure consistent demand. Mega hotels, where all types of facilities are available will have the upper hand in this industry. These facilities might incorporate shops, casinos, theme parks, theaters, and many others. According to Mello (2014), usage of more advanced technologies creates more efficiency. It adds to the value to the services provided here. The services which will be set up using advanced technologies will have more potential to earn more. The experience of the employees is necessary for this industry. In future, the labour market of this industry will face more demand for skilled and experienced employees. This will increase the wage for the skilled labour. The technology and internet will receive more emphasis in this industry as the time will change. The social network will become the best distribution channel in this industry. Shortly the Human Resource department has to see to these matters and create strategies for the present situations and future needs by analyzing the markets and estimating several economic factors. To achieve organizational goals, the strategic role of the Human Resource Management will require driving the organizational performance to its competitive edge and beyond. This will incorporate a matching process in the globalised economy. Integrating several strategies to get the most efficient outcome which will create a positive value and win over the rivals are the requirements the management will face. The Human Resource Management is responsible for creating an organizational culture which will be based on several ethical and moral backgrounds (Alfes et al., 2013). The role of this management will be ensuring an organization to be competitive on a global basis. Improving the quality, customer-oriented service, and innovation defines the strategic path for the management. This will help the Human Resource Management and the organization to retain during the times of merging and acquisitions (Purce, 2014). Conclusion: The conclusion can be drawn from the assignment incorporates several issues. The globalization has caused an integration of several markets under hospitality industry. The trends that are affecting the hospitality industry are increased security concern, diversity in the workforce composition, importance of high quality services, new technologies, population dynamics, and the relationship between the values added to the services and their ethical background. Environment-friendly institutions will be required as they can increase the efficiency of the scarce resources and make availing the services cheap. The strategic role of Human Resource Management has been cleared and magnified with time and clear understandings of the needs of the hospitality industry. There is a lot of scope for the management to improve the security, technology, quality of services, and others to make this industry more profitable. The ethical and the environmental issues have to be addressed more delicately to create global quality service. References: Alfes, K., Shantz, A. D., Truss, C., Soane, E. C. (2013). The link between perceived human resource management practices, engagement and employee behaviour: a moderated mediation model. The international journal of human resource management, 24(2), 330-351. Bratton, J., Gold, J. (2012). Human resource management: theory and practice. Palgrave Macmillan. de Grosbois, D. (2012). Corporate social responsibility reporting by the global hotel industry: Commitment, initiatives and performance. International Journal of Hospitality Management, 31(3), 896-905. Hendry, C. (2012). Human resource management. Routledge. Hoque, K. (2013). Human resource management in the hotel industry: Strategy, innovation and performance. Routledge. Jackson, S. E., Schuler, R. S., Jiang, K. (2014). An aspirational framework for strategic human resource management. The Academy of Management Annals, 8(1), 1-56. Kehoe, R. R., Wright, P. M. (2013). The impact of high-performance human resource practices on employees attitudes and behaviors. Journal of management, 39(2), 366-391. Kulik, C. T., Ryan, S., Harper, S., George, G. (2014). Aging populations and management. Academy of Management Journal, 57(4), 929-935. Marler, J. H., Fisher, S. L. (2013). An evidence-based review of e-HRM and strategic human resource management. Human Resource Management Review, 23(1), 18-36. Mello, J. A. (2014). Strategic human resource management. Nelson Education. Oke, L. (2016). Human Resources Management. International Journal of Humanities and Cultural Studies (IJHCS)? ISSN 2356-5926, 1(4), 376-387. Purce, J. (2014). The impact of corporate strategy on human resource management. New Perspectives on Human Resource Management (Routledge Revivals), 67. Renwick, D. W., Redman, T., Maguire, S. (2013). Green human resource management: A review and research agenda. International Journal of Management Reviews, 15(1), 1-14. Shaw, J. D., Park, T. Y., Kim, E. (2013). A resource?based perspective on human capital losses, HRM investments, and organizational performance. Strategic management journal, 34(5), 572-589. Storey, J. (2014). New Perspectives on Human Resource Management (Routledge Revivals). Routledge. Stredwick, J. (2013). An introduction to human resource management. Routledge.

Monday, December 2, 2019

Stalin Essays - Communism In Russia, Old Bolsheviks,

Stalin Much like Adolf Hitler, Joseph Stalin was one of the most ruthless and diabolical people in the history of the world. Hitler once said of Stalin, " He is a beast, but he's a beast on a grand scale who must command our unconditional respect. In his own way, he is a hell of a fellow!" (Stalin Breaker of Nations, p.xvi) What Hitler said of Stalin is only his opinion, and it is not a valid one at that. For you must consider the source, it takes a beast like Adolf Hitler to know a beast and Stalin was a horrible beast. He was also a murderer. Stalin abused his people when he starved them to death, and systematically murdered them. Stalin also abused his country by halting Russia's progress and economic growth. Stalin was a breaker of nations. Stalin first enter the Russian political system in the early nineteen teens. With the help form Lenin, Stalin proposed an answer to the National Question, which was self determination. Stalin's ruthlessness is first discovered by Lenin, when Stalin is sent to Georgia to convince the Georgia leader not to practice self determination. When the leader does not agree with what Stalin has to say, Stalin punches the man out and threaten to kill them all. Years after that incident Lenin end up dying and Stalin takes over as the leader of Russia. Because Trotsky was hated by many of the influential political figures in Russia, Stalin becomes the leader of Russia even after Lenin's dying last wishes. 1929 was the first of many years in which Stalin stunted Russia's growth. In that year the "Engineer Trials" were held. During these trials the Russian elite was brought forth by Stalin on the account of treason. Confessions by the elite which consisted of engineers, doctors, lawyers, teachers and clergy were extracted by many means including torture. After these trials were through thousands of the Russian elite were murdered, with their blood on Stalin's hands. These trails had a horrific effect on the progress of Russia, there was now nobody left to lead Russian into the future, and the few elite's that still remained in Russia lived in constant fear of their lives. Around 1932, Stalin had put his plan into action that was later called the Terror Famine. In the Terror Famine, Stalin started to order grain requisitions from the lower class in the Ukraine. Stalin used his army to retrieve the grain from the people, following the orders by Stalin, the army takes too much grain and causes a famine among the lower class. Stalin justified the taking of the grain by saying that it was just a way for the state to regulate the price of grain. By doing this Stalin ended up breaking the back of the Georgians and the Ukrainians. Knowingly, Stalin eliminated millions upon millions of Russian, between 30 and 50 million, in his attempt at an absolute totalitarian rule in Russia. By killing so many of the Russian's who were the ones which the economy was supported on, Stalin has broken the nation of the Ukraine. From around 1936 through 1938 Stalin extracted his Great Terror. The Great Terror consisted of many events including the Purge Trials and the Katyn Massacre. During the purge trials, Stalin once again haltered Russian progress. The Purge Trials eliminated many military officers and engineers. The numbers are not exact, but between 250,000 to 500,000 Russians died because of Stalin's orders. These trials caused mass paranoia of the elite's, afraid to make a difference, for if they did then they would ultimately end up dead. Stalin not only haltered the growth of his own country, but he haltered the growth of neighboring counties, on being Poland. In Poland during the Great Terror, Stalin ordered the Katyn Massacre to occur. The top 15,000 officers in the Polish army were rounded up and killed in the forests of Belarus. This was a deep wound, the stunted the Polish progress, since now there were would be no more experienced leaders in Poland's future, since Stalin killed most of their military elite. Once again Stalin had broken another nation. During all this time, Stalin was also methodically