Saturday, September 14, 2019
Maalouf – Leo Africanus
Amin Maaloufââ¬â¢s novel Leo Africanus, a fictionalized memoir by an actual sixteenth-century Muslim adventurer, is an often-interesting account of life during the turbulent end of the Middle Ages, told from the point of view of a man who survived his lifeââ¬â¢s ample turmoil and bridged conflicting cultures without wholly belonging to any. The narrator of this work, a traveler and author known in his lifetime as Jean-Leon de Medici or Leo Africanus, was born in 1488 as Hasan al-Wazzan, son of a prominent Muslim family in Granada, Spain.à At the time, southern Spainââ¬â¢s Andalusia region (of which Granada was its chief city) was Muslim-dominated, with Catholics, Muslims, and Jews alike coexisting in a cosmopolitan, relatively tolerant atmosphere.à Maalouf depicts Granada as an intriguing, exotic, tolerant place for its time, despite its corrupt rulers and ultimate weakness before the invading armies of Aragon and Castile. Shortly after his birth, Spanish forces conquered Granada and soon started persecuting all non-Christians, forcing them to convert to Catholicism or flee, depriving them of their wealth in either case.à Though European history depicts Spainââ¬â¢s liberation from Muslim rule as a glorious event, it was a tragic blow for the Muslims who had lived there for centuries and built a prosperous, learned society.à As his uncle Khali, a wealthy diplomat, laments, ââ¬Å"See how the people . . . have been forced into slavery after their surrender!à See how the Inquisition has raised pyres for the Jews . . . [and] for the Muslims as well!à How can we stop this, except by resistance, mobilization, and jihad?â⬠à (Maalouf, 1988, p. 25)à Though the word ââ¬Å"jihadâ⬠today carries ominous meanings for Westerners, in this context it meant self-defense in the face of an intolerant enemy. The Spanish appear in a distinctly negative light, as bloodthirsty, vindictive conquerors who used the Inquisition to crush their enemies, real or perceived.à Maalouf offers in interesting inversion of Western opinion here, and he shows post-1492 Granada as a dark, dangerous place whose intellectual life is crushed.à Also, while modern readers think of Jews and Muslims as mortal enemies, Maalouf demonstrates that they enjoyed peaceful relations in medieval Andalusia, and Leo laments the Spanish edict mandating ââ¬Å"the ââ¬Ëformal termination of all relations between Christians and Jews, which can only be accomplished by the expulsion of all the Jews from our kingdomââ¬â¢Ã¢â¬ (Maalouf, 1988, p. 59). His uncle Khali assumes a dominant role in Leoââ¬â¢s life, helping educate him and, more importantly, taking him along on his 1504 diplomatic mission to Timbuktu, then an important Muslim cultural and commercial center in sub-Saharan West Africa.à Even as a teenager, he demonstrates keen insights to the world around him, particularly to the appearances, peoples, and attributes of the cities he visits en route.à For example, he describes Ain al-Asnam, an ancient city destroyed during Islamââ¬â¢s spread, as ââ¬Å"sole witness of the age of ignoranceâ⬠(Maalouf, 1988, p. 155), implying that despite its former glories, it symbolizes the dark era before Islam spread its enlightened message. In addition, he reveals a gift for vivid descriptive prose when he says of Sijilmassa, a once-thriving city on the road to Timbuktu: ââ¬Å"Of its walls, once so high, only a few sections remain, half-ruined, and covered with grass and moss.à Of its population, there remain only various hostile clans . . . [who] seem merciless toward each other [and] deserve their fateâ⬠(Maalouf, 1988, p. 157).à Though he is not intolerant of peoples different from himself, he also does not shy from passing judgments on unfortunate places, though his own life is full of misfortunes; he accepts fateââ¬â¢s fickle nature, which perhaps sustains him through his difficulties. His uncle dies en route back to Fez and Leo returns home to work in a hospice and marry his cousin Fatima, who is far less pleasing than Hiba, the slave girl who becomes his longtime mistress (similar to Warda, the servant whom his father chose over his wife, Leoââ¬â¢s mother). à He also tries to save his sister Mariam from the leper colony, where an influential suitor, a highway robber named the Zarwali, had had her banished for refusing to marry him. One sees by this point that women have a difficult position in Muslim society; denied many rights, they live tightly circumscribed lives and are subject to male commands and whims at all times.à Maalouf does not impose modern sensibilities here; he remains within the character of the times and accepts this lack of freedom as Muslims of the time did, and Leo laments his sisterââ¬â¢s fate less because she lacks freedom than because her punishment was unduly cruel. As he enters adulthood, his life continues a pattern of good fortune followed by personal or financial disasters from which he always recovers and rebuilds.à Leo becomes a successful merchant in Fez and fathers a daughter with Fatima, but when his longtime friend Harun (who has married his unfortunate sister Mariam to liberate her from the leper colony) causes the Zarwaliââ¬â¢s death, Leo is expelled from Fez for his complicity and loses his fortune on the road to a band of thieves.à He finds some relief in Hibaââ¬â¢s native village, where her former peers buy her back from Leo, restoring some of his wealth but costing him the love of his life. He accepts these reversals surprisingly well by modern standards, but Maalouf implies that the late medieval/early modern world was a cruel and fickle place, with few certainties in life other than misfortune.à A common theme throughout the book is that such events are simply Godââ¬â¢s will; when he loses both his fortune and Hiba, Leo laments, ââ¬Å"Such is the judgment of the Most High!â⬠(Maalouf, 1988, p. 214).à His faith does not waver throughout the story, even when Christians abduct, enslave, and force him to become a Catholic. Leoââ¬â¢s destiny seems to be the roads he travels throughout his adult life; his form of geography and travelogue seem to be his calling in life, and he demonstrates a keen grasp of how to describe people and places.à His travels take him throughout northern, western, and central Africa, and he states without obvious boasting, ââ¬Å"When our geographers of old spoke of the land of the Blacks, they only mentioned Ghana and the oases of the Libyan desert. . . . I myself, who am only the last of the travellers, know the names of sixty black kingdoms . . . from the Niger to the Nileâ⬠(Maalouf, 1988, p. 216).à Such knowledge would later serve him well. He becomes involved with the eraââ¬â¢s political intrigues when he meets and marries Nur, the widow of the Ottoman rulerââ¬â¢s nephew.à While Leo supports the Turks in the vain hope that they will liberate Andalusia from the Spanish and make it safe for Muslims again, Nur opposes it and fears that Turkish agents will murder her infant son to prevent him from assuming the throne.à Reflecting on the discord within his own faith, Leo asks, ââ¬Å"Is it not in the blade of a knife brandished by the Friend of God above a pyre that the revealed religions meet?â⬠à (Maalouf, 1988, p. 245)à He longs for the tolerance and unity of his youth in Granada, hence his somewhat naà ¯ve support for the Ottoman Empire, of which he says, ââ¬Å"the turbans of the Turks and the skull caps of the Christians and Jews mingle without hatred or resentmentâ⬠(Maalouf, 1988, p. 258). His destiny as a geographer and scholar is realized when Sicilian pirates kidnap him in Tunisia and present him to Pope Leo X as a slave.à As with the rest of his life, this misfortune leads to another lucky phase, as the pontiff, impressed with Leoââ¬â¢s intellect, employs him as a protà ©gà ©.à Forcing him to become a Christian and renaming him John-Leo de Medici (for the pope and the family that takes an interest in him), the pope employs him as a teacher of Arabic while tutoring him in European languages, so that he can produce a volume of his travels, Description of Africa.à He earns his freedom but becomes embroiled in papal intrigues, so he must flee yet again ââ¬â this time for Tunisia, where he can again be a Muslim.à In closing, he advises the reader to be himself in the face of adversity, saying, ââ¬Å"Muslim, Jew or Christian, they must take you as you are, or lose youâ⬠(Maalouf, 1988, p. 360).à Though he has kept his Muslim faith inwardly i ntact, Leoââ¬â¢s ability to adapt has ironically saved and sustained him. The book illustrates the uncertainty of life in the pre-modern era, since peaks and valleys of instability mark Leoââ¬â¢s life from the beginning.à His family loses its fortune and is driven from Granada by conquering Spanish Christians, who then launch a wave of intolerance against Jews and Muslims, forcing them to either become Catholic or leave.à In addition, he loses his fortune to thieves, his wife Fatima dies young, he remarries Nur (who leaves him after his abduction), and he is enslaved by Christian pirates in the Mediterranean. He handles it philosophically, accepting the fact that his life is destined to be itinerant, turbulent, and beyond his ability to control.à As he tells Nur, ââ¬Å"Between the Andalus which I left and the Paradise which is promised to me life is only a crossing.à I go nowhere, I desire nothing I cling to nothing, I have faith in my passion for living . . . as well as in Providenceâ⬠(Maalouf, 1988, p. 261). Overall, Leo Africanus is a solid effort to take the modern reader into the mind of an educated, influential Muslim living at an unstable time in European history.à Maalouf does not inject modern sensibilities into his narrative but depicts the Muslim culture of the times fairly, without a pro-Western bias.à In addition, he strives for authenticity by using a sort of formal, occasionally wordy prose that one assumes is based on the actual writing and conversational style of Leo Africanusââ¬â¢ times.à In the process of producing this interesting historical figureââ¬â¢s tale, Maalouf also makes clear one of the chief realities of this era in history ââ¬â that life is uncertain and fickle, and that the intelligent, resourceful, and adaptable are best suited to endure these shifts of fortune. REFERENCES Maalouf, A. (1988).à Leo Africanus.à Chicago: New Amsterdam Books. Maalouf ââ¬â Leo Africanus Amin Maaloufââ¬â¢s novel Leo Africanus is a novel based on an actual sixteenth-century Spanish-born Muslim geographer and writer born under the name Hasan al-Wazzan.à The author gives the reader clear insights into the conflicts between the Muslim world (whose influence in Europe was then waning) and that of Christianity (which reasserted control over his native Spain and to which he became a somewhat unwilling servant). The theme of the title characterââ¬â¢s life is conflict and misfortune, which seem to plague him from early childhood.à Born in 1488 to a rich Muslim family in Granada, Spain, he witnesses as a small child the Catholic victory over the ruling but weakened Muslim elites, followed by a wave of vengeance and intolerance against not only Muslims but also the Jews, who have also lived peacefully in Spain with Christians for centuries.à Hasan (the name he uses throughout his life, except when in service to the Pope) demonstrates some of this by mentioning how members of the different religions interact and how some cultural exchange occurs. For example, when discussing dates, he frequently refers to Christian and Muslim holidays in tandem, showing their mutual acceptance: ââ¬Å"It all happened on the ninth day of the holy month of Ramadan, or, rather . . . on St. Johnââ¬â¢s Day, the twenty-fourth of June, since Mihrajan was celebrated not in accordance with the Muslim year but following the Christian calendarâ⬠(Maalouf, 1989, p. 63). Here, Maalouf makes clear that Islam was then the much more tolerant religion, accepting aspects of Judaism and Christianity that the Catholic Church refused to allow.à Because Christianity and Islam were fighting for territory, intolerance was an instrument of control and oppression, and the victorious Spaniards had to qualms about driving out or murdering Jews and Muslims who refused to accept forced conversions to Christianity. His family, deprived of its wealth, flees for the North African city of Fez, where they live as refugees under the care of his kindly uncle, who provides for his education.à As he comes of age, he shows a remarkable ability to observe and understand the peoples and places he encounters ââ¬â a gift he sharpens when, as a teenager, he accompanies his rich, well-connected uncle on a diplomatic excursion to Timbuktu. For example, he writes of Sijilmassa, a once-thriving city on the road to Timbuktu: ââ¬Å"Of its walls, once so high, only a few sections remain, half-ruined, and covered with grass and moss.à Of its population, there remain only various hostile clans . . . [who] seem merciless toward each other [and] deserve their fateâ⬠(Maalouf, 1989, p. 157).à Though he is not intolerant of peoples different from himself, he also does not shy from passing judgments on unfortunate or blighted places, though his own life is full of misfortunes; he accepts fateââ¬â¢s fickle nature, which perhaps sustains him through his difficulties. Hasanââ¬â¢s adult life is generally unstable and rife with misfortune, which seems to be the norm in a world where little other than hard luck is guaranteed.à After his uncle dies, he returns to Fez to work in a hospice for the sick and insane, marries a rather plain cousin (despite his long relationship with Hiba, a slave mistress), later becomes a prosperous merchant, and seems to live a somewhat conventional life.à However, he is not destined to enjoy a stable, uneventful life. When he starts his business career, his mother makes a prediction that seems to foreshadow the direction of his life: ââ¬Å"Many men discover the whole world while seeking only to make their fortune.à But as for you, my son, you will stumble on your treasure as you seek to discover the worldâ⬠(Maalouf, 1989, p. 187).à Indeed, fate ââ¬â so strong a presence in the novel that it almost seems like a character ââ¬â intervenes and his life is again turbulent.à When he becomes embroiled in his childhood friend (and brother-in-law) Harunââ¬â¢s plot to avenge his sister Mariamââ¬â¢s confinement to a leper colony, the authorities expel Hasan from Fez and thieves on the road rob him of his fortune.à In addition, he is forced to sacrifice his mistress, Hiba, in order to regain some of his riches. However, his destiny is to discover the world, which indeed is why modern readers even know of his existence.à Always astute and insightful, Hasan compiles his observations during his many travels, forming the basis for his lasting renown as an early geographer and expert on sub-Saharan Africa.à He travels throughout the continentââ¬â¢s northern and central regions and, when speaking of other writersââ¬â¢ ignorance of Africa, states, ââ¬Å"I myself, who am only the last of the travellers, know the names of sixty black kingdoms . . . from the Niger to the Nile.à Some have never appeared in any book, but I would not be telling the truth if I would claim to have discovered them myself, since I only followed the ordinary route of the caravansâ⬠(Maalouf, 1989, p. 216). He moves to Cairo (then under Ottoman Turkish rule) to restart his often-disrupted life, commenting that ââ¬Å"I was suddenly certain that after the tempest which had destroyed my fortune a new life was awaiting me in this land of Egypt, a life of passion, danger and honourâ⬠(Maalouf, 1989, p. 218).à Here, he again finds himself on the wrong side of destiny when he marries into the Turkish sultanââ¬â¢s family and supports them in their political maneuverings, in the vain hope that they will retake Granada in the name of Islam. He dreams his entire life of his birthplace and the words of a visiting delegation from the sultan foster the naà ¯ve faith that he can return: ââ¬Å"A great Muslim empire is in the process of coming to life in the East, and we in the West should stretch out our hand to it.à Until now, we have been subjected to the law of the unbelieversâ⬠(Maalouf, 1989, p. 257).à However, this scheme also goes awry and he is enslaved by Italian pirates, who give him to Pope Leo X. This phase of Hasanââ¬â¢s life is a strange twist of fate, in which apparent tragedy turns into great luck.à The pontiff, seeing that the learned, sophisticated Hasan is no ordinary captive, employs him as a tutor of Arabic and requires him to learn Latin, Turkish, and lessons in the Christian faith.à Hasan deems this ââ¬Å"a refined form of forced labour . . . [and] proof of [the Popeââ¬â¢s] own enthusiastic interest in meâ⬠(Maalouf, 1989, p. 294). The end result of this gentle captivity is Description of Africa, a book describing his many travels in a continent with which Europeans were still largely unfamiliar.à He wins his freedom but again finds himself on the wrong side of a larger political conflict (this time within the Catholic Church), so he escapes Rome for Tunisia, where he can openly practice Islam again.à In closing, he advises the reader to be himself in the face of adversity, saying, ââ¬Å"Wherever you are, some will want to ask questions about your skin or your prayers.à Beware of gratifying their instincts . . . beware of bending before the multitude!â⬠(Maalouf, 1989, p. 360).à Though he has kept his Muslim faith inwardly intact, his ability to adapt and ââ¬Å"go with the flowâ⬠preserves him. Without dwelling on the point, Maalouf makes clear to the reader that in this unstable, uncertain medieval world, Fate plays an exceptionally strong role in everyday life. à Indeed, Hasan witnesses plenty of calamity in his life; his birthplace is seized and made repressive by Spanish Catholics; he and his family see their wealth rise and vanish repeatedly; he marries twice and loses both wives (the first dies young, while the second abandons him after his enslavement); and he is forced to seek his fortunes elsewhere several times in his life. He accepts the fact that he is meant to live on the move and takes little for granted, seemingly aware that his fortunes can be reversed at any time (and frequently are).à However, he never becomes embittered; he accepts his fate but laments, ââ¬Å"Such is the judgment of the Most Highâ⬠(Maalouf, 1989, p. 214).à His faith does not waver throughout the story, and even when Christians abduct him and force his conversion to Catholicism, he follows but keeps his innermost religious beliefs to himself.à He excels as a chameleon and thus survives. His second wife comments on his tendency to travel and disrupt his own life, asking, ââ¬Å"What substance are you made of that you accept the loss of one town after another, one homeland after another, one woman after another, without ever fighting, without ever regretting, without ever looking back?â⬠à â⬠(Maalouf, 1989, p. 261).à He responds by telling her that ââ¬Å"life is only a crossing. I go nowhere, I desire nothing I cling to nothing, I have faith in my passion for living, in my instinct to search for happiness, as well as in Providenceâ⬠(Maalouf, 1989, p. 261).à Indeed, in this exchange, Maalouf presents the reader with the essence of Hasanââ¬â¢s character.à He is well aware of lifeââ¬â¢s transience and thus is passionate only about his religion; though he seeks wealth and happiness, he wastes little time mourning the loss of either and looks ahead to ââ¬Å"the final Place where no man is a stranger before the face of the Creatorâ⬠(Maalouf, 1989, p. 360). Leo Africanus is more than simply a fictionalized memoir.à It is a classic fish-out-of-water story, illustrating how this educated, well-connected Muslim merchant, traveler, and scholar finds reverses and radical changes in his life at several turns but adapts to each.à In addition, it demonstrates how people of that era were very much at Fateââ¬â¢s mercy; little could be taken for granted in such unstable times, but the narrator never loses faith in the ââ¬Å"Most High,â⬠the God to whom he turns for sustenance. In somewhat formal prose that one suspects was the norm for educated people of that era, Maalouf does not impose a modern viewpoint but offers a fair, compassionate, historically-aware portrayal of both Muslim society and one of the more unusual figures within it.à The story of Hasan al-Wazzan is, more than anything else, the tale of an accomplished scholar and a consummate survivor who never forgot who he was, the culture that produced him, or the deity that showed him mercy amidst the worldââ¬â¢s turbulence. REFERENCES Maalouf, A. (1989).à Leo Africanus.à Chicago: New Amsterdam Books.
Friday, September 13, 2019
Developing an interactive timeline Literature review
Developing an interactive timeline - Literature review Example Arthur Conan Doyle collection that would help in attracting more visitors towards their website thereby increase the profitability of the origination. The youth and adults of the present generations prefer to remain away from books and academic materials as involving in various social networking activities has become common among them (Palla & et. al., 2013).Ã It serves difficult to attract these sections of the people towards reading books for which it has become essential for such organizations to implement an effective interactive timeline in their website that would help in attracting them and therefore spent much time in their websites. Interactive media in the timeline may be in the form of attractive texts, graphics, video, animation or even audio that would attract the people to visit that particular website and spent more time in them (Grigoreanu & et. al., 2009). It is a common trend among all people that they always prefer something that is entertaining and attractive i n nature, rather than the static contents in the website that creates a dull interface. According to Liu & et. al. (2002), it is inherently necessary for the organizations and website designers to develop an interactive timeline that would allow the people of every generation irrespective of their ages to access the particular website without any difficulty. There are various people with deformities such as color blindness and old people for whom the letters and font size should be kept clear and large.
Thursday, September 12, 2019
WAVE AND TIDAL POWER Assignment Example | Topics and Well Written Essays - 500 words
WAVE AND TIDAL POWER - Assignment Example tilizing wind energy through on-shore and off-shore wind farms has been one of the rapid growing kinds of renewable energy in the past decade (Avato at al. 56). In order to harness the wave and tidal energy, there is a need for a specific design and manufacture of efficient equipment to exploit natural energy flows. One challenge in the field is the up-front investment which is huge although the fuel may be free and the waste products low. The efficiency of designs put in place is determined by the distance they are placed from shore which could either be shoreline, offshore or near-shore. Planning and permitting are very essential in deploying tidal/wave energy technology because there are issues like environmental, health and safety issues and other sea user disputes. In terms of products, services chains and infrastructure need to be in place to enhance competition and avoid shortages (Elghali, Benbouzid and Charpentier 1407-1412). This implies that the percentage rate of change in carbon dioxide emissions is equal to the rate of change in carbon dioxide emissions per unit energy plus the rate of change in energy essentials per unit output plus the rate of change in output per capital plus the rate of change in the population. For most developing countries, emissions are higher unless energy efficiency and greenhouse gas emissions per unit energy change to offset growth in per capita output and population. The developing countries with fast growing populations, pressure for economic growth will make it inconvenient to direct capital on investments with maximum greenhouse gas emissions compared to those with lower greenhouse gas emissions (Bruce 27). Population is not considered in policy debates on climate changes, and studies in the past ten years have added significant to comprehending the complexity and mechanisms of population and climate interactions. Moreover, the development total population size, study indicate that changes in population make-up
Wednesday, September 11, 2019
All-Day School in Cyprus Essay Example | Topics and Well Written Essays - 4750 words
All-Day School in Cyprus - Essay Example Large extended families have given way to nuclear families. Also, the increasing divorce rate has also led to an increase in single-parent households (Employment developments in childcare services for school-age children, p.3, www.eurofound.eu.int)1 All-day school: Schools in Cyprus work on half-day basis, ending at 13.00. All-day schools offer school services till late in the afternoon. All-day schools are considered an extension of childcare; since it is voluntary and caters to children aged 9 to 11, not many children attend All-Day school. Only 37% of the total child population attends All-Day school, according to the Ministry of Education and Culture. The government thus plans to bring children of all ages under this scheme. The government plans to initiate policies to implement this scheme in Cyprus shortly. Children attending all-day schools from 07.30 till 16.00 will be provided with lunch at 13.00. After this, another teacher will supervise the children until 16.00. The all-day school remains functional in October to May. The months of June to September will be holidays. The curriculum consists of carrying out assigned homework, four teaching periods of reinforced teaching, and four teaching periods of any of the following two: English, Information Technology, Music, Physical Education, Art, Design and Technology. Additional subjects on Modern Greek and mathematics are also available. The Ministry of Education and Culture piloted the 'all-day school' concept in 1999-2000, an initiative considered successful by the Special Evaluation Committee, as it elicited positive response from parents for its enhancement of knowledge in the children. In 2003-2004, these schools increased to 110. The Ministry of Education and Culture decided to increase All-Day schools in July 2005 (Employment developments in childcare services for school-age children, p.8-9, www.eurofound.eu.int).2 The Cyprus educational system is undergoing changes. The main factors, leading to such a change are: 1. Challenges in the international arena; challenges revolving around the development of science and technology, including Information Technology and Globalization. This factor cannot be overlooked as Cyprus is increasingly reliant on its human resources for development. 2. The European dimension is another factor that required attention, as it needed to harmonize its educational system in analogy to the rest of Europe. 3. A third factor could be the social values and requirements of the people of Cyprus. Cypriots considered education as a
Tuesday, September 10, 2019
Statistics for managers class discussion wk12 Coursework
Statistics for managers class discussion wk12 - Coursework Example Statistical process control is used when we are interested with the effectiveness of a production process. This is because the method uses statistical formulas to predict the suitability of the production process to meet the required standards of consumers. If the number of defectives is higher than stipulated figure, then the process is considered ineffective. If we are more interested with the likelihood of goods produced meeting the threshold of consumer standards, then acceptance sampling is the best method. It uses sampling methods to predict percentage of defective goods. If the extrapolated results do not reflect the minimum specification of defectives, then the whole batch of goods is rejected. It is a faster quality control method. Acceptance sampling involves rejecting or accepting a whole population of goods based on results obtained from a sample. Inspecting a sample is faster than inspecting several samples or a whole population of
Legal Analysis Memo Case Study Example | Topics and Well Written Essays - 750 words
Legal Analysis Memo - Case Study Example Did police officers uphold the 4th amendment of the United States constitution, when they entered Mr. Smithââ¬â¢s home without a warrant, simply after investigating an noise complaint and observing what were thought to be illegal activities through the window, then seizing Marijuana, Cocaine and unregistered firearms? Do police have enough evidence to convict him of distribution? The state should be allowed to use the evidence gained, because Mr. Blake does not have a reasonable expectation for privacy within Mr. Smithââ¬â¢s home. They do not have enough evidence to convict Mr. Blake with possession of firearms because the firearms could have belonged to anyone. They also do not have enough evidence to convict him with distribution of cocaine, because the act of him transferring a white bag to someone else is ambiguous, and there is not enough evidence to corroborate the crime. Rule: The 4th amendment of the United States Constitution provides: The right of the people to be sec ure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and Warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (US Constitution). However, the owner of the property may consent to the search. Also the person must have a reasonable expectation of privacy. In Minnesota Vs. Carter, the courts ruled that a guest at another personââ¬â¢s residence does not have a reasonable expectation of privacy (unless they are spending the night), and thus are not protected under the forth amendment (Minnesota vs. Carter). Also, officers are allowed to seize anything in plain view during lawful observation. Analysis: On the grounds that police officers made observations through the window before Mr. Smith authorized a search of his property, Mr. Blake could file a motion to have all evidence stemming from thos e observations to be discarded under the 4th amendment. However, if the court grants that motion the evidence will stand, because as seen in Minnesota Vs. Carter, if you are a guest in another personââ¬â¢s home, you do not have a reasonable expectation of privacy and you are not protected under the fourth amendment (Minnesota vs. Carter). Even though Mr. Blake runs a business with Mr. Smith in the basement of the home, it still is not technically his home, and according to Minnesota vs. Carter, you are given a significantly less expectation of privacy in the commercial arena anyhow (Minnesota vs. Carter). Thus the evidence observed from the window as well as the evidence found after Mr. Smith consented for the officers to enter the home can be used in court. The firearms were in plain view when the police entered the home, so those can be used as well. Even though the evidence must stand, there is not enough evidence to convict Mr. Blake of all of the crimes he is being charged w ith. The police report states they ââ¬Å"observed Mr. Blake hand a baggie of white powder to someone standing near the couch.â⬠They then found a large amount of cocaine in Blakeââ¬â¢s possession, cash, and a small amount of cocaine in a strangerââ¬â¢s possessions. While the law states that the government need not prove he received anything of value in return, the fact that they didnââ¬â¢t see him receive anything makes it tough to prove he was actually distributing the cocaine. While not the most intuitive explanation, itââ¬â¢
Monday, September 9, 2019
Customized - (Will be sent in an e-mail as an attachment) Essay
Customized - (Will be sent in an e-mail as an attachment) - Essay Example In Roper v. Simmons, a seventeen year old by the name of Simmons confessed that he plotted the murder and burglary of an older woman. This case placed the question before the Courts as to whether or not a person younger than eighteen years old should be punished with the death penalty when convicted of crimes that would typically mandated capital punishment. The seventeen year old was originally sentenced to death for his crimes. This decision was later overturned by the Missouri Supreme Court and the defendantââ¬â¢s sentence was converted to life imprisonment. The Missouri Supreme Court stated that although there were cases that illustrated that there was a precedent set that allowed for capital punishment for those persons under the age of eighteen, that a ââ¬Ënational consensus has developed against the execution of juvenile offendersââ¬â¢(2005). This case has since been heard by the United States Supreme Courts. Judicial activism and restraint are concepts that can be re adily viewed in the Roper v. Simmons case when it was decided by the Supreme Court in March 2005. The majority opinion addressed both the Eighth and Fourteenth Amendments when considering the affirmation of the Missouri Supreme Court decision. The Eighth Amendment prohibits cruel and unusual punishment against those in the United States. The Fourteenth Amendment allows all citizens, even those that have committed heinous crimes, equal protection of the laws. Per the courtââ¬â¢s opinion, neither the Eighth nor the Fourteenth Amendment disallows the use of the death penalty for either persons that are under the age of eighteen or that are deemed mentally retarded. The Courtââ¬â¢s majority states that twenty-two of thirty-seven death penalty states permit the death penalty for the offenders that are sixteen years old. The same thirty-seven states permitted the death penalty for
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