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Describe the importance of safety standards in terms of providing quality care
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The decision of Marshall v. Barlow, 1978 immediately affected the field of public administration. The result of the Barlow’s case required that the governmental agencies obtain warrants to search or inspect an organization. A warrant provides assurance from a neutral officer that the inspection is reasonable under the Constitution, is authorized by statute, and reveals the administrative plan containing specific neutral criteria. Moreover, a warrant advises the owner of the scope and objects of the search, beyond the limits of the inspector. OSHA In the aftermath of the case, OSHA eliminated 989 provisions of safety standards unneeded and unrelated to job safety and health. Furthermore, the organization constructed an OSH Act to permit
inspections with an employer’s consent or through an authorized search warrant. Lastly, the OSHA hired a special assistant for small business and worked with the Small Business Administration to increase participation by small business in OSHA’s rulemaking. ASPA The American Society for Public Administration (ASPA) Code of Ethics states the two main practices that are crucial to the field: advancement of public interest and upholding the Constitution and the Law. It is recommended that public administrators comply with the ruling of Marshall v. Barlow because it is the law of the land as well as it adheres to the Fourth Amendment of the Constitution. The field of public administration ethics ought to be grounded in the American constitutional tradition of freedom, equality, and property. In their compliance, they best serve the public through treating the public as citizens with certain rights as well as protecting and developing the capacity of the public organizations to advance public values.
In the case Morale v. Grigel, 422 F.Supp 988 (1976), the plaintiff James Morale, who is a student at New Hampshire Technical Institute, room was entered and searched by officials representing the dorm. There was no probable cause for them to enter his room, and while there they seized what they alleged to be “purple haze”. The court ruled that a check or search of a student's dormitory room is unreasonable under the Fourth Amendment unless NHTI can show that the search furthers its functioning as an educational institution. The search must further an interest that is separate and distinct from that served by New Hampshire's criminal law. Obviously, administrative checks of the rooms for health hazards are permissible pursuant to the school's
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
Hobson, Charles F. The Great Chief Justice, John Marshall And the Rule Of Law. University Press Of Kansas: Wison Garey McWilliams & Lance Banning, 1996.
Mapp v. Ohio is an important case as it defends a person ’s right to privacy and protects against illegal search and seizure under the Fourth Amendment of the United States Constitution. 25 June 2016). In 1961, the case went to the United States Supreme Court and the decision was in favor of Mapp with a 5-3 vote. The court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts (Administrative Office of the U.S. Courts).
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technological invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth, depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
Discretion does have its advantages. Philip Howard puts forward as an argument that discretion is an essential and inevitable element of public administration. According to Howard discretion is needed to make certain that benevolence is in the manner of governing. He suggest that in an effort to attain conformity with the rules or fairness, more than is normal limited the discretion of public officials in some principle of action adopted by government areas.
The differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring “No Trespassing” signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that “No Trespassing” signs posted around the Oliver property “evinced a reasonable expectation of privacy,” and therefore the court held that the “open fields” doctrine was not applicable to the Oliver case.
The OSH Act gave OSHA the authority to come into work places and inspect facilities for health and safety risks. Due to shortages in personnel, OSHA inspects accidents and safety complaints that are filed, and those facilities that have a high volume of accident rates. If an individual state has an approved safety and health enforcement plan, than they may be exempt from yearly inspections by OSHA and have their own state personnel conduct the inspections. The Act sets a maximum penalty for safety and health violations, but OSHA has the authority to calculate fines. If an industry objects to the citation or fines, they can go before the Occupational Safety and Health Review Commission. OSHA has been criticized on both ends, by industries for being too strict, and by unions for not being strict enough. In the 1980s, OSHA had instituted a policy that would exempt some workplaces from a complete inspection if they had a lower than average injury rate. However, that policy was abandoned when an employee died from a workplace that OSHA had not fully inspected. OSHA has implemented new procedures that have set higher penalties and increased the maximum fine for all types of infractions.
Many today contend that the press is the fourth branch of government, impacting people’s views of various national issues. In recent months, the term “fake news” has been used to imply that the press does not always present an objective view of events. In 1966, Sam Sheppard was accused of killing his wife in Bay Village, Ohio, near Lake Erie. Sam Sheppard denied the murder but the press emerged as a major factor in the initial accusation of his guilt. Sam Sheppard spent ten years in prison before the case went through the Supreme Court. Before Sheppard v. Maxwell (1966) case, the media/press influenced the decision of the jury. The case exposed
The power of executive privilege has been extremely controversial since basically the beginning of the United States as a democratic government. Many saw this power come into a greater public focus particularly during the Nixon presidency and the infamous Watergate Scandal, but the theory and use of executive privilege existed long before Nixon. As in true American fashion, some argue in favor of executive privilege, while others view it in a more negative light. The intense controversy is what makes executive privilege so intriguing to review in a deeper and more in depth analysis. The theory of executive privilege has derived its power throughout evolution of time, a series of presidencies, and quite a few pinpointed circumstances resulting in some very notorious court cases.
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.