Friday, January 24, 2020
Religion, Myth, and Magic in Robertson Daviesââ¬â¢s Fifth Business Essay
Religion, Myth, and Magic in Robertson Daviesââ¬â¢s Fifth Business Interwoven with light and shadows, Robertson Daviesââ¬â¢s Fifth Business is penetrated with fantastical elements that rub uneasily against feelings of guilt. A snowball thrown by young "Boy" Staunton misses Dunstan and hits Mary Dempster, causing the premature birth of Paul and the insanity of Mary. Guilt ensues and threatens to envelop Dunstable, Dunny, and Dunstan. One is his name by birth; the other a pet name; and the third, his true name upon being born again. With so many identities, Dunstan struggles to understand his role as fifth business and to learn to untie himself from his burden of guilt. Conventional religion may confine Dunstan Ramsayââ¬â¢s spiritual growth, but it lays a firm foundation for him to mature. Myth finds a place in the heart of Dunstan and teaches him to grow. Magic is the escape of yore that Dunstan seeks and successfully rediscovers. Religion, myth, and magic are intertwined in Dunstan Ramsayââ¬â¢s life, crucial for the completion of Ramsay as a person through the wonder they inspire. Dunstan Ramsayââ¬â¢s family, especially Dunstanââ¬â¢s authoritative mother, is the epitome of Scottish Presbyterianism in Dunstanââ¬â¢s life. The Scots are the paragons of common sense and prudence ââ¬â they are not allowed the "usual failings normally associated with the human condition,"1 and Dunstan is indeed acutely aware of any shortcomings he might have. Though Dunstan declares that "the Scottish practicality that [he has] imitated from [his] parents [is] not really in grain with [him]"2, the "chilly Presbyterian ethos"3 remain. When he dodges Percy Boyd Stauntonââ¬â¢s snowball and it hits Mary Dempster ââ¬â which causes the premature birth of Paul and the "madness" of Mary ââ¬â ... ...enreich, The Postwar Novel. p. 63. Robertson Davies. Fifth Business. p. 262. John Moss, Sex and Violence in the Canadian Novel. p. 103 Robertson Davies. Fifth Business. p. 217. Ibid. p. 221. Ibid. p. 226. Ibid. p. 227. Primary source: Davies, Robertson. Fifth Business. Toronto: Penguin Group, 1970. Secondary sources: Heidenreich, Rosmarin. The Postwar Novel. Waterloo, Ontario: Wilfrid Laurier University Press, 1989. Little, Dave. Catching the Wind in a Net: the Religious Vision of Roberston Davies. Toronto, Ontario: ECW Press, 2996. Monk, Patricia. Mud and Magic: Robertson Daviesââ¬â¢s Fifth Business. Don Mills, Ont.: ECW Press, 1992. Moss, John. Sex and Violence in the Canadian Novel. Toronto, Ontario: McClelland and Stewart, 1977. Quigley, Theresia, The Child Hero in the Canadian Novel. Toronto: NC Press Limited, 1991.
Thursday, January 16, 2020
Nursing and Student
INTRODUCTION The aims of the assignment is to examine how the reflective account or our experience of facilitating learning opportunities assessing and teaching a student will help the future development with in the mentor or practice teacher role. In order to achieve this teaching session, educational theories. The formulation of a lesson plan wills be included focusing on my objectives rational for my action. In assessment session a brief Introduction will be given on relevant theories, concepts and principles of assessment in practice with further discussion of the assessment process. Assessing a student in clinical area will take place.Effectiveness of my mentoring will be critically analysed and skills in teaching and assessing will be reflected up on evaluation of developing my mentorship role will be discussed, highlighting any changes that can be made to my practice to improve mentorship. It has now mandatory requirement that qualified nurses and midwives becomes mentors affe ct one year of registration and practice (N. M. C 2008). Mentors play a vital role in supporting, teaching and assessing students in practice Quinn (2007) define a mentor as someone who experienced, and many cases more senior than the learner, and who provide support, encouragement, and guidance.PART II : ROLE AS A MENTAR An N. M. C. 2008 mentor is registrant who following successful completion of an N. M. C approved mentor preparation programme. According to N. M. C mentor should exclusive the knowledge, skills and competence are required to meet the defined outcome. Mentors are responsible and accountable for organizing and co-ordinating students learning activities in practice (N. M. C 2008). Mentor need to supervising students in learning situations and providing them with constructive feed back on their achievements. Mentor should assess the total performance including skills, attitudes and behaviours.The fitness for practice and purpose report of the U. K. C. C. post Commissio n Development Group 2001 looked at the competencies of newly qualified Nurses. They concluded that the mentor was to be responsible to contribute constructively to the learning environment for the evidence progress of student, be approachable and supportive to gain confidence of the students have knowledge of assessment tools to assess the competence in order to ensure patient safety, be competent to share knowledge of patient care, make time for interviews to discuss the specific requirements of the student.Provide time for reflection and encourage enquiry based learning. As per N. M. C 2008 there is a developmental frame work to support learning and assessment in practice. There are 8 dominants in the frame work. It includes: 1Establishing effective working relationship 2Facilitation of learning 3Assessment and accountability 4Evaluation of learning 5Creating an environment for teaching 6Evidence based practice 7Leadership As per N. M. C standard Student need to spend minimum 40% of the time with their mentor.As a role as mentor, their knowledge, skills and competency need to update ongoing basis. Each mentors as reviewed every 3 years to ensure that only those who continue to meet the mental requirements. Remain on the local register mentor at least two student with due regard with in 3 years period participate annual updating. Duffy states that N. M. C. Standard for the preparation of mentors provides a tool for preparation but it is the mentor knowledge, skills, ineffectively arrying out their role that protect the public by ensuring that students who are lacking incompetence do not progress to become registered nurse or midwives. The reality of being a mentor is that as per R. C. N tool kit for Nurses 2007 all mentors supporting students, gain registration, have responsibility to ensure that they are fit. Mentor should be prepared to assess student performance in practice and will be accountable for their decision to pass, refer or fail a student. N. M.C recognise that failing student may be difficult and that all assessment decision must be evidence based, mentor should recognise various assessmentâ⬠¦Ã¢â¬ ¦that direct care, simulation, OSCES and otherâ⬠¦Ã¢â¬ ¦ Common criteria for sign off mentor, the N. M. C states Registrant who makes judgement about whether a student has achieved the required standards of proficiency for safe and effective practise must be on the same part or sub part of the register as that which the student is intending to enter. Only sing off mentors and practise teachers that are the same part of the register and the same field of practise.May confirm to N. M. C that student have met relevant standards of proficiency for the particular programme leading to registration. Signing off proficiency must be assessed by all existing sign-off mentor at least 3 occasions. The role of mentor on the preparation of practitioners who are fit for practice is paramount. However mentor need to be supported in her demanding role (Glyniscells pellet 2006). Mentors in the study identified constraints on their role owing to staff shortage, busy clinical work atmosphere, too many students.This result in lack of time to spend with students and left mentor feeling guilty. Kathleen Duffy (2004) identified some mentors failed to fail students early on their programme, pick things up later. Nurse mentors are faced with many difficulties in fulfilling the dual role of facilitator and assessor (Sharples Ketal 2007) ASSESSMENT Assessment defined as the measurement of candidateââ¬â¢s level of competence in theoretical and practical Nursing Skills (Brooker 2001, as cited in Howard and Eaton, 2003, page 46).Assessment in clinical practice ensures safety and competent standard of practice. Assessment is a critical element of the mentoring process, as Duffy (2204) explains mentors must ensure that assessment of clinical skills does occur as required. Many mentors have been passing students who should have failed in the hope that they will improve later although they are aware that this puts patients at risk. Kathleen Duffy was commissioned by the N. M. C to investigate the reasons for this.The four main issue is that emerged in her report of January 2003 included the mentor leaving the indication to the student about their problem for too late in their placement, the mentor having difficulty to take action during their placement because such action could eventually cause critical consequences to the student, the mentor having to face the challenge of a weak student because Nursing is viewed as a caring profession and such action would be uncaring and lack of adequate time for assessors in the clinical environment to work with students (Fraser et al 1998), lack of support for the mentor from lecturers when faced with a fail situation (Sharp 2000). Stuart (2007 page 1) defined assessment as the judgement of performance during clinical practice and any other ways of measuring profession al learning. There are 3 methods of assessment. They are Continuous Assessment, Formative Assessment and Summative assessment. Continues assessment provides a measure of how the student is progressing according to the level and knowledge expected at each stage of their training (R. C. N 2007).The assessment consists of formative and summative dimensions, the later being as all the outputs from the student in the clinical area are observed, providing opportunities for Nursing Practice to be explored and not missed. Gibbs (1998) suggests that assessment should be continues as they are more authentic. Formative assessment occurs throughout the placement and during learning activities using feedback and feed forward and can determine whether re-explanation, arrangement of further practice or moving to the next level is required. Summative assessment normally takes place at the end of the placement and focuses on how much students have learned and have the learning outcomes been met. It does judge achievement of the specified competencies for the student to progress in training.The formative and summative assessment are reliant on each other as Formative Assessment provides a facilitating process which guides and increases learning and serves to give a series assessments whereby a summative assessment can be made. Regardless of the type of assessment, employed every effective assessment must meet the four cardinal criteria. Which are Validity, Reliability, Discrimination and Utility (M. Quinn 2007). Dogra and Wass (2006) note any assessment of clinical performance need to accommodate the diversity of patients and their needs. So performance is judged in terms of cultural sensitivity. A mentor has an important part to play in the assessment of practical work, as well as providing education, role modelling and direct feed back (Nicklin & Ken worthy 2000).We assess the knowledge of the students and how competent they are (what) (In the case of the student nurse, how c ompetent she is in administering oral drugs). The staff nurse achieved this by asking the questions set out in the lesson plan (appendix 4) and evaluating the return demonstration. We assess because (why) we need to test the progress of the student, provide feedback to learners leading to future improvement and demonstrate to students that they have attained a goal or acquired a new skill (Cox & Harper 2000). In this situation, the staff nurse assessed (How) the skills and competency of the student through questioning and observing the return demonstration.As part of the preparation for the role of the mentor, the assessment of the student nurse related to the practical procedure of drug administration began prior to the procedure itself. The student mentor assisted the learner previously with information about other topics and skills in the clinical environment which helps her to reduce assessment stress as the learner was comfortable due to previous interactions as predicted by Ca lnan, 1983. In addition to this, to ensure that all relevant issues were covered, the mentor observed the student throughout the lesson by using a performance checklist as stated by Quinn, 2000 (p. 231) which was designed to identify the knowledge, skills and attitude required for efficient performance.The mentor also communicated clearly and assertively, which helps to interact in a more effective way (Wondrak, 1998). He gave verbal guidance to the learner and informed the student, prior to approaching the ward area that feed back would be presented in the privacy of the office to avoid embarrassment and promote confidence and discussion between the two. When I assessed my student the assessment tool choose to use observation and the use of checklist. Questioning, an important part of the assessing was aided by blooms classification system which enabled the student mentor to ask questions at different intellectual levels to determine the level of knowledge of the student. The learn er received ample time to answer the questions to her full potential.To facilitate self reflection, the staff nurse encouraged the student to discuss (Muijs & Reynolds, 2005) upon her own performance and the students realised how the assessment enhanced here knowledge. A mentor is also provided with the privilege to provide feed back targeting the improvement of the student. The staff nurse chose to give constructive feed back where criticism follows praise and then ends with a positive note which is hoped to give the student adequate confidence to deal with more negative aspects of his/her performance (Neary, 2000). The assessing section of the teaching session proved comparatively easier. I used Blooms Classification system to formulate questions at different intellectual levels in order to understand extend of the student knowledge.The practical demonstration was easy to assess as the checklist provided the exact actions that I should be looking for an assessing. I felt confident while assessing the student and observed every step he took carefully. Assessing is something that I thought it is always done automatically rather than theoretically and methodically it was quite interesting to relate it to theory. My assessor was pleased with my performance and advised me to keep it up. I think my confidence in the subject influenced the student to learn more from me as the image presented through usually givers other a good impression. If a situation arises again I would try my best to keep up my good performance. I feel that the improvement I could make realise on time.I should probably try to make the session longer so that the student has enough and more time to understand, improve, reflect and perfect. It would also help me to build up a better support with the student. This session provided me enough confidence. TEACHING Professional teaching in Nursing, Midwifery and Specialist Community Public Health Nursing, teaching is an International Enterprise that a ims to facilitate learning. It is characterised by an acceptance of responsibility for facilitating other peopleââ¬â¢s learning by means of planned and purposeful educational interventions (Quinn 2007 p. 183). Teaching can either be formal or informal. Formal is normally pre-planned whereas informal teaching tends to be spontaneous (Hinchiff 2004).For effective teaching to be carried out, it is important to understand the process of learning. Reece & Walker (2000) defines learning as a relatively permanent change. There are different learning theories associated with teaching, firstly, behaviourism, this theory is based on stimulus and response Pavlow (1936 ââ¬â 1949) among other physiologist experimented on this theory. The humanist theory is however linked to feelings and experience. Maslow (1971) defines this theory as motivation and hierarchy of needs. Meaning the student must identify what he or she wants to learn. Lastly, the cognitive theory, this theory involves think ing and the mind.According Hinchiff (2004) suggest that some key elements are essential in creating a good environment for the student, which are approachable staff, welcoming confident enough to share knowledge supportive, helpful, available and contactable and knowledgeable. Teaching session was carried out to prepare staff nurse to be a mentor oral drug administration was the topic chosen for this session. The rationale for this decision is the fact it is an integral part of a patients care. I notice that numerous management students have been failing their drug assessment test. There are two management students in our ward, next week they have a drug exam. I choose this topic to try to create a difference to these unfortunate occurrences.Knowles indicate that adults are self directed and expect to take responsibility for decisions motivated about by the identification of humanistic needs (Knowles 1985). My students are adult and thus I chose andragogy to teach my students. Andra gogy is defined as the art and science of helping adults to learn. In contrast pedagogy, which can be defined as the art and science of teaching children (Knowles 1973)? According to Knowles 1990, andragogy is where a student controlled approach is employed and thus enhance the students self concept, promotes autonomy, self direction and critical thinking. While encouraging reflection on experience and involves student in the diagnosis, planning, enacting and allows the student to evaluate his or her own learning needs (Knowles 1990).On other hand, Pedagogy implies that learning occurs as a result of the input of others, the student ââ¬â teacher relationship is unequal ââ¬â studentââ¬â¢s look-up to their teacher, teaching methods is teacher-led and the teacher accepts responsibility for the students learning (Hinchiff 2004 p. 69). The session took place in the staff room at the acute respiratory unit on Tuesday afternoon at 16. 30 hrs commenced after coffee break. The tim e chooses as there would be less activity compared to morning time. The rationale for this decision was to maximize concentration by the student and me (Gibbs 1998). The room was calm and quiet and devoid of any disturbance. It was also well ventilated, spacious and bright which ensured comfort for everyone in to the room. The atmosphere was positive for learning. The session was well planned and the room was arranged beforehand to produce the best possible learning atmosphere.The student mentor prepared handouts for the students prior to the teaching session in order to provide record of what had to be taught (Hinchiff 2004). The mentor prepared a lesson plan before the lesson, thus ensuring that everything was prepared; she made SMART aims and objectives (Hinchiff 2004) to reach perfectionism. British National Formulary was used to teach the student where to look for information pertaining to groups of drugs. The domains of learning described in Booms Taxonomy were used for the se ssion. In Bloomââ¬â¢s Taxonomy, the Domains of learning include Cognitive, the Psychomotor and the affective (Bloom 1972). I started the session by introducing myself and my assessor to the students. In addition I explained the aims and objectives of the lesson.Then I asked some few question regarding the drug administration (Cox & Harper 2000) to understand the scope of the studentââ¬â¢s previous knowledge us it. The staff used Bloomââ¬â¢s Taxonomy of educational objectives (1956) to formulate questions at different intellectual levels (Bloom 1956) in the session. Staff Nurse described the N. M. C. guidelines and Whippscross Policy of oral drug administration. The Staff Nurse used a drug chart and explained to the student how to read it, explained the important document features to ensure safety. At the end of session the staff nurse demonstrate to the student the administration of oral drugs. The mentor followed the step by step policies of the N. H. S. efore and after th e administration of the drug while explaining the rationale for each action. After her demonstration, he asked the student for a return demonstration to facilitate evaluation. Finally, a short feed back session was held in the office and the student was provided with the opportunity to clarify her queries. The staff nurse began with positive feed back and then moved on to negative and constructive feed back. Ultimately the student asked to complete questionnaire to evaluate the session (see appendix 3). After the session, my assessor and myself sat down to reflect on the session. He gave me aspiring feedback about the session. ReflectionReflection is a process of reviewing an experience of practice in order to describe, analyse, evaluate and to inform learning about practice (Reid 1993). Reflection enables the practitioner to explore, understand and develop meaning, and also highlights contradictions between theory and practice (Johns 1995). Reflection can be two categories namely r eflection on action, which involves looking back at events that have occurred and reflection in action, which involves learning as it happens and adapting to new situations (Bulman & Schutz 2004). Baud et al (1998) defined reflection as an active process of exploration and discovery which often lead to much unexpected outcomes.Reflection helps to create an environment where professionals are helped to analyse and review their practice, thus enabling the professional to work in a more responsive, creative and untimely more effective manner (Redmond 2004). Reflection has been analysed by many and models have been designed to facilitate reflection. I choose the model, Gibbsââ¬â¢ Reflective Cycle (1998) to help me reflect on my session. I incorporated it into the teaching and assessing of my lesson for a methodical approach. Reflection is said to encourage practitioners to challenge the way they think, feel and believe (Burnard 1989). Reflecting on an experience is a highly skilled a ctivity, it requires an ability to analyse action to make judgements regarding their effectiveness in particular situations.Clearly, Boyd & Fales see self awareness and learning from experience as the key features of reflection. In Reflection, I felt that , humanistic approach was effective as it helped to make the student felt good about her. Contrary to my early fears, the students appeared to be confident about what she needed to know and asked questions accordingly. I would use pictorial demonstrations because this would have reduced the number of doubts that the students presented as many areas would have been self explanatory. Conclusion To develop the role of the mentor, I have made some recommendations. Staffs needs to be encouraged the student to teaching is a part of their role and need to be enthusiastic about this.Attending regular mentorship updates in order to provide relevant, evidenced based information and keep abreast of developments in students teaching may motiva te them and enhance professional development. A regular informal meeting at L. S. B. U between students and mentors to identify problems that arise and act accordingly. This would give both parties the opportunity to discuss what is expected and reduce barriers in the learning /teaching role and may improve the working relationship between mentors and students. Regular audit which are useful in identifying strength and weakness for teaching in the clinical area and all staff are to take part, they should be informed of date and time of audit and have the opportunity to participate in the ward evaluation. In conclusion becoming a mentor is one of the difficult roles of the nurse.It is a very big and serious responsibility because it is in the hands of a mentor to shape the development of the potentials and skills of the students. It is not just teaching a student, what he or she knows, it is about making sure that students will be knowledgeable and competent, enough to practice as a Professional Nurse in the future. Mentors are essential part of the Nursing Students and prepare the next generations to inherit our jobs and further improvement. To let students achieve their maximum potential, supportive and experienced mentors are required. An incompetent and different mentor could impair the students motivation to learn and thus create choose in the future.The N. M. C guidelines state that mentors are essential, however I am afraid they have left out the fact that enough time is also required to maintain the high standards set. This would ensure that students stretch their abilities to the maximum and that mentors are able to reflect upon their experiences and thus improve and perfect themselves to become much more experienced and competent. 10th December, 2008 To, Pauline Mills, Dear Madam, Please find enclosed herewith my mentorship essay preparation. Kindly check and re-correct the essay and return it at your earliest. Thanking you, Yours truly, SARAMMA KORUL LA Encl: Mentorship Essay (p. 1 -11)
Wednesday, January 8, 2020
The Fourth Amendment and Computer Searches - Free Essay Example
Sample details Pages: 6 Words: 1722 Downloads: 5 Date added: 2017/06/26 Category Law Essay Level High school Did you like this example? The Fourth Amendment and Computer Searches Cmputers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As technology is on the upswing and more people are using computers, it gives way to a rise in computer related crime. With an uprising of computer crime it is becoming more imperative that law enforcement officers understand how to obtain evidence that is stored on computers and how the Fourth Amendment protections apply to searching computers. The entire premise of the Fourth Amendment is to prevent law enforcement agents from searching and seizing evidence without having a warrant. The Fourth Amendment is fairly clear as to what is required when it pertains to searches and seizures. According to the manual on search and seizure published by The Office of Legal Education, the Fourth Amendment reads as à ¢Ã¢â ¬Ã
âThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, 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.à ¢Ã¢â ¬Ã The United States Supreme Court has gone in further detail as defining search as à ¢Ã¢â ¬Ã
âwhen an expectation of privacy that society is prepared to consider reasonable is infringed.à ¢Ã¢â ¬Ã In hindsight, is an individualà ¢Ã¢â ¬Ã¢â ¢s reasonable expectation of privacy is not violated, than a search did not occur. Instructions for searches and seizures may seem clearly stated in the Fourth Am endment; however, as it pertains specifically to computers, it gets much more difficult to interpret. When it comes to specifically searching a computer, law enforcement agents consider two key points in determining whether they need a warrant or not. First they must understand if the search will violate the reasonable expectation to privacy that is given in the Fourth Amendment. Second they must consider if the search will fall into an exception to warrant criteria; therefore making the search permissible. When the Founding Fathers established the requirements for the Fourth Amendment, there was no possible way for them to foresee the technological advancement. While the Fourth Amendment still applies to the searching of computers, it has become very specific and very tricky for law enforcement officers. When law enforcement officers deal with computer searches, one of the biggest issues they face is the reasonable expectation of privacy clause in the Fourth Amendment. To est ablish what expectation of privacy equates to, courts have generally established that a computer is to be treated the same way a closed container is to be treated. Briefcases and file cabinets are examples of closed containers that also retain an expectation of privacy. Since computers are similar in nature, they are to be treated the same way. If it is believed that an individual has a reasonable expectation of privacy involving the contents on their computers, flash drives, or even cell phones, than it is required for law enforcement officials to get a warrant before the contents can be searched. Since the reasonable expectation of privacy applies to computers and other electronic devices, the information or data located on those devices also falls under the expectation of privacy for the owner. As mentioned above, there are exceptions to warrant requirements when it pertains to the searching of computers. When consent to search is given, a law enforcement officer may conduct t he search. This allows law enforcement officers to conduct a search without having to establish probable cause or secure a search warrant. Consent to search must come from an individual who has the authority to consent to a search. Once consent is given, law enforcement officers have to be careful as to not overstep the scope of consent that was given for that particular search. On occasion, law enforcement officers may rely on exigent circumstances to conduct a search on a computer. Certain criteria must be met in order for a warrantless search to be conducted. Generally there are four circumstances in which officers may conduct a warrantless search; the evidence is in immediate danger of it being destructed, the police or public are in danger due to an immediate threat, law enforcement officers are in a hot pursuit of an individual suspected in a crime, or the suspect is most likely to run before the search warrant can be granted. Pertaining to computers, evidence being in imme diate danger of being destructed, is the most common circumstances law enforcement officers will likely face. With todayà ¢Ã¢â ¬Ã¢â ¢s technology there are multiple ways in which computer data can be easily put out of reach of law enforcement officers; making the preservation of data that much more important. With hopes of using a warrantless search, law enforcement officers must either get consent to search, or have exigent circumstances. Without these, the search is deemed unconstitutional as it violates the protections in the Fourth Amendment. Computers can serve several different roles within the definitions of criminal offenses. They can serve as contraband, evidence of a crime, or an instrument in crime. Whichever role the computer serves is important, since each one can be searched in different ways. The actual search of a hard drive from a suspected computer can reveal several types of evidence. Once this information from the search has been extracted, it can provide d investigators with crucial answers to some of the common questions of who, what, when and how during their investigation. Search warrants for computers are the preferred method to engage in a search. In order for investigators to get a search warrant for a computer, they must first establish the probable cause necessary to search a computer and describe in particular what data or information is to be taken from the computer. Probable cause in reference to computers is belief that the computer is either contraband or contains contraband, there is evidence of a crime, it was used as an instrument to commit a crime, or fruits of a crime. When probable cause has been established, and a warrant has been issued, the warrant takes precedence over an individualà ¢Ã¢â ¬Ã¢â ¢s expectation to privacy. In most cases it is forensic examination and analysis will take too long to be conducted on site, therefore, items described in the search warrant may be seized. The actual search of the computer occurs in two stages; imaging and analysis. When a computer hard drive is imaged, it is copied identically using software that allows this process without contaminating any data. The analysis stage is when the forensic analyst goes through the computer records that are detailed in the search warrant. The Fourth Amendment doesnà ¢Ã¢â ¬Ã¢â ¢t limit what techniques that forensic analyst may use when conducting the search on the hard drive. It also doesnà ¢Ã¢â ¬Ã¢â ¢t limit the type of forensic software may be used while conducting the examination. Since the modern day computer may be used in an array of tasks, a computer hard drive could have the possibility of containing evidence of more than one type of crime. Warrants for computer searches are very specific; they often times stipulate what type of evidence can be collected pertaining to a certain crime. When analysts discover other evidence pertaining to a separate crime, they must stop their search and ga in another search warrant to examine the evidence they just discovered. Collection of information for use as evidence that occur outside of intended scoped of the warrant will likely become inadmissible as evidence. Safe practice for analysts is gain immediately gain another search warrant when information uncovered leads to other suspected crimes. In addition to the limitations imposed by the Fourth Amendment, there are also three other limitations enacted by Congress that pertain specifically to the search of computers. The first limitation is the Privacy Protection Act which protects journalists and authors from search and seizure of materials that are in involved in First Amendment activities. The second limitation covers privileged documents such as medical records, psychologist notes, or attorney-client information. Lastly, limitations are also applied to the collection of information from disinterested third parties. Overall, as long as law enforcement officers follow prop er procedure, they can search any individual if they have probable cause that the search will disclose contraband or evidence that a crime was committed. As the American way of life is now centric around electronic devices and computers it has given way to which individuals commit crime. Criminal evidence such as drug trafficking ledgers, child pornography, incriminating photos and information can all be found within a computer. Computers are to be treated as containers and are generally given the reasonable expectation of privacy guaranteed to them in the Fourth Amendment. Computers are being commonly seized by law enforcement officers to conduct searches for evidence during criminal investigations. Information collected during these searches tends to be a critical step in evidence collection, and it cannot be taken lightly. It is imperative for law enforcement officers and prosecutors to fully understand and comprehend how computers must be searched while maintaining the integr ity of the Fourth Amendment. Without law enforcement and prosecutors following proper protocol, essential evidence found during a criminal investigation may not be allowed into the courts. Thus, allowing criminals to walk away uncharged. References File, T., Ryan, C. (2014, November). Computer and Internet Use in the United States: 2013. American Community Survey Reports. Retrieved from https://www.census.gov/content/dam/Census/library/publications/2014/acs/acs-28.pdf Goldfoot, J. (2011). The Physical Computer and the Fourth Amendment. Berkeley Journal of Crominal Law, 16(1), 112-167. Retrieved from https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1047context=bjcl The Office of Legal Education. (2009). Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (pp. 1-114). N.p.: Office of Legal Education Executive Office for United States Attorneys. Retrieved from https://www.justice.gov/criminal/cybercrime/docs/ssmanual 2009.pdf Ziff, D. J. (2005, April). Fourth Amendment Limitations on the Execution of Computer Searches Conducted Pursuant to a Warrant. Columbia Law Review, 105(3), 841- 872. Retrieved from https://www.jstor.org/stable/4099480 Donââ¬â¢t waste time! Our writers will create an original "The Fourth Amendment and Computer Searches" essay for you Create order
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