The manner is unreasonable when the suspect is “subjected to gratuitous and unnecessary indignities.” Wolter v. Wal-Mart Stores, 559 S.E.2d 483, 486 ( Ga. Ct. App. 2002). Embarrassment and accusations that are “abusive, opprobrious, insulting, or slanderous” are considered “gratuitous and unnecessary indignities.” Wolter, 559 S.E.2d 483, 486; Swift v. Kresge Co., 284 S.E.2d 74 ( Ga. Ct. App. 1981). Additionally, force is reasonable if it is necessary, “non-confrontational,” and not in conflict with other testimony. Brown v. Super Disc, 477 S.E.2d 839, 841 (Ga. Ct. App. 1996); Wal-Mart Stores v. Johnson, 547 S.E.2d 320 (Ga. Ct. App.2001). The time is reasonable when it is used to investigate the innocence of the accused and less than forty-five minutes. Colonial Stores v. Fishel, 288 S.E.2d 21, 23 ( Ga. Ct. App. 1981); Dixon v. S. S. Kresge, Inc, 169 S.E.2d 189 ( Ga. Ct. App. 1969).
Embarrassment and words spoken as a result of a reasonable suspicion are not “gratuitous and unnecessary indignities.” Wolter, 559
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Fishel, 288 S.E.2d at 21; Dixon, 169 S.E.2d at 189. In Fishel, the customer was detained on the suspicion of shoplifting aspirin. 288 S.E.2d at 21. While he was detained the manager handcuffed him to the chair and made no attempt to investigate. Id. at 23. The manager's actions were not covered under the shopkeeper’s privilege because of the manager’s failure to reasonably investigate the customer's claims of innocence. Id. at 23. Conversely, in Dixon, the customer was detained on the suspicion of shoplifting for about forty-five minutes while the store’s employees investigated. 169 S.E.2d at 189. The employee’s had reasonable suspicion that the customer was attempting to shoplift a hat, when the employee saw the customer's friend remove the tag. Id. The appeals court ruled in favor of the store since the actions were a result of the reasonable suspicion. Id. at
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
The act of interrogation has been around for thousands of years. From the Punic Wars to the war in Iraq, interrogating criminals, prisoners or military officers in order to receive advantageous information has been regularly used. These interrogation techniques can range from physical pain to emotional distress. Hitting an individual with a whip while they hang from a ceiling or excessively questioning them may seem like an ideal way to get them to reveal something, but in reality it is ineffective and . This is because even the most enduring individual can be made to admit anything under excruciating circumstances. In the Fifth Amendment of the Bill of Rights there is a provision (“no person shall be compelled in any criminal case to be a witness against himself” ) which reflects a time-honored common principle that no person is bound to betray him or herself or can be forced to give incriminating evidence. This ideology of self-incrimination has been challenged heavily over the past s...
The first step of the interrogation begins with direct positive confrontation. This is where the interrogator confronts the suspects in a manner that creates an understanding that there is evidence against them. This evidence may or may not be true but the evidence is exaggerated so that it i...
The company has been sued via a class action lawsuit for allegedly disrespecting the human rights of workers in foreign countries (Wal-Mart, 2016). Workers claim to have been denied minimum wages and forced to work overtime; there are even allegations that management physically beat employees (Wal-Mart, 2016). Multiple allegations of safety violations also exist within the overseas corporations (Wal-Mart, 2016). If accepted the class action lawsuit could represent up to 500,000 foreign workers (Wal-Mart, 2016).
To show an unbiased and educated examination of the five cases involving questionable interrogations, I will give information on the crime that occurred, the problems with the interrogations and other evidence, who is at fault for problems within the case, how the defendant was cleared (if he was), and the compensation and future changes that were a direct response to these cases provided that they occurred or are in the process of occurring. The five cases that I will examine involve the accused: George Allen, Hunter Johnson, Peter Reilly, Michael Crowe, and Reggie Clemons. Each case is significantly different yet showcases many acts of injustice within the justice system.
Byrd, S. (2005). On getting the reasonable person out of the courtroom. Journal of Criminal Law. 571-571. Retrieved from http://heinonline.org/HOL/LandingPage?handle=hein.journals/osjcl2&div=41&id=&page=
...T. M. (1997). Can the jury disregard that information? The use of suspicion to reduce the prejudicial effects of retrial publicity and inadmissible testimony. Personality and Social Psychology Bulletin, 23(11), 1215-1226.
Rushin, S. (2011). Rethinking Miranda: The Post-Arrest Right to Silence. California Law Review, 99(1), 151-178. Retrieved from EBSCOhost.
Chapter 1, question 2 of the Rothaermel (2016) text asks, “Corporate leaders are responsible for setting the firm’s strategy to gain and sustain a competitive advantage. Should managers be concerned only about the company’s financial performance? What responsibility do company managers have for other consequences of their strategy? For example, should Walmart try to mitigate the negative impact its arrival in communities can have on small locally owned stores? Should Apple be concerned about the working conditions at Foxconn (the company that manufactures the iPhone and the iPad in Chine)? Why or why not? Explain” (p. 26).
"Rights of the Accused." : Supreme Court Cases. N.p., n.d. Web. 2 Dec. 2013. .
From the consumer side, Amazon provides services like Amazon Prime, which delivers free two-day shipping on retail purchases, on-demand video streaming and a free access to the Kindle library, everything for an annual