Category: Uncategorized

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Mary Shelly’ Frankenstein

The great story of ‘Frankenstein’ by Mary Shelly is about the scientific works of Victor Frankenstein. A monster was created by him, through the use of body parts collected from dead human beings. In turn, the monster is not accepted by society, as it is considered as being an outcast. Frankenstein’s life was extremely miserable as most of his family was murdered by the monster and this includes his wife, friend and brother. The monster sort to seek revenge on Victor, as he had made his appearance scary and evil, thus not accepted in society. It seems that Victor was involved in his own experiments, not taking into account any ethical concerns. The result is that he ended creating a monster that would live a miserable life.

From this passage, it is evident that there is a theme, pursuing knowledge that is extremely dangerous. The latter, is the main theme in Mary Shelly’s novel. Secrets, which exist concerning the life of human beings, as well as the limit of human beings, are denied by Victor. Despite him being aware that it is not morally acceptable to bring life to the dead, he still continued to do so. On the other hand, the same pursuit of dangerous knowledge was seen in the expedition by Robert Walton. According to history, many other people had attempted to reach the North Pole and found it difficult, yet he insisted on doing so. It is extremely dangerous for people to pursue the impossible, as the results are detrimental. For example, the monster created by Victor, murdered people who were close to him. Fortunately, Walton escaped death after listening to Victor’s narration, and thus, his mission to the North Pole abandoned. The excessive thirst of knowledge by Victor is what leads to his downfall.

Business Concept Report

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Business Concept Report

Introduction

Blanding fresh juice creates an environment where customers can quench their thirst in a naturally fresh drink. As such, my business idea and plans get based on the extensive production of freshly blended fruit juice and online delivery of the product to the market. Therefore, the paper analyzes the business concept report by determining market needs, solutions, proposed business models, competitors, and market plans.

Brief Description of Business Concept

A business concept is construed as a system that describes and defines new business ideas on the business initiative to strategize the production of new products for the customers or create a new company. My business concept gets based on determining ways of online delivery of blended fruit juices to consumers. Online fruit juice delivery is embedded in the ability to focus on the ideas that constitute the business purpose (Talukder, 2019). As such, the concept offers a high-level and quick summary of the organization’s goals, objectives, and missions. Through business concepts, the company can quickly identify the challenges consumer experiences.

The Market Need

My business idea will fill the void in the marketplace by introducing technology to the market. My product will solve the challenge of the low production rate that most businesses have exhibited due to poor infrastructural development. The current business in my surrounding has not introduced artificial intelligence technology in production (Borodavko et al., 2021). As such, the business needs to formulate contemporary technology that will mitigate the detriment of slow production and ineffective communication.

My Solutions

Introducing technology in the production process will enhance effective communication between the employees and management and interaction between the business and the customers. It also creates a mechanism through which data storage systems get technologically improved. Artificial intelligence in production will create a market internationally due to the intensification of communication and order of goods and services through online channels (Borodavko et al., 2021). My products target technology-oriented youths and opt for fast production and delivery of fruit juices. Most importantly, I am the perfect person to introduce the use of technology, especially artificial intelligence, to target my computerized clients hence creating a channel of increased production of blended fruit juices.

My Proposed Business Model

My proposed business models are the direct sales model and the advertising-based model. Direct sales provide an opportunity to deal with the direct client by offering essential goods and services to their satisfaction (Guo & Jiang, 2020). Also, the advertisement-based business model encourages online advertisement through the use of social media technology to reach a large number of target customers. Implementing technological advertising using social media like Facebook and Twitter enables a comprehensive marketing model.

Unique Value Proposition

My product is different from other products because it provides a natural taste of fruits. The blended juice is obtained from natural fresh fruits. An individual would prefer to buy my product because I offer a variety of fruit juices according to the customer’s taste. Also, I employ the new technology by using the electric-driven blender to improve the quality and quality of juice production daily. Notably, the juices are sold at affordable prices, enabling the customers to quench their thirst at a practical cost (Shamsudin et al., 2020). Through the online initiative, I offer door-to-door delivery that gets charged at lower delivery rates.

Succinct Competitive Analysis

My major competitors in the market are Coca-Cola, Pepsi, and Nestle. The competitors provide the manufactured beverages that the clients consider fast food drinks. Majorly, Coca-Cola is vital in marketing because it is already established in global drinks. The weakness of the competitors entails the provision of manufactured beverages that are, to some extent, harmful to human health. Most importantly, the annual revenue of Coca-Cola is $36.59 Billion (Guo & Wen, 2021). In the United States., the market share of Coca-Cola is 43.7%. As such, I need to encourage an active marketing framework through innovative approaches in technology, production, and management to offer customers a variety of fresh fruit drinks to compete favorably with Coca-Cola.

Overview of My market Plan

My market will be critical to success by effectively identifying the target audience. After identifying the target audience, I will use the media mix optimization to target the audience on the ideal platforms like Facebook, Instagram, and Twitter. My target audiences are workers in industries, youths, and students (Chambers, 2021). Through the generation of ads, the target customers will get informed through social media advertisements. Furthermore, social networking and the delivery of brochures physically to target consumers using the existing customers will promote business ideas.

Conclusion

Production and delivery of blended fresh juice is a business that requires a comprehensive analysis of the market and the use of contemporary technology in production and marketing. Analyzing the market entails determining the market needs and highlighting the solution to the business challenges. It also entails the determination of the practical business model for marketing and production, identifying the unique value proposition, overviewing the market plan, and competitive analysis.

References

Chambers, R. (2021). Social media marketing plan: developing an online brand persona. https://www.theseus.fi/handle/10024/171631Shamsudin, R., Zulkifli, N. A., & Zaman, A. K. (2020). Quality attributes of fresh pineapple-mango juice blend during storage. International Food Research Journal, 27(1), 141-149. http://psasir.upm.edu.my/id/eprint/37561/1/15%20-%20IFRJ17900.R1.pdfGuo, R., & Jiang, Z. (2020). Optimal Dynamic Advertising Policy Based on Generalized Advertising Gains. http://2021.cswimworkshop.org/wp-content/uploads/2021/06/cswim2021_paper_56.pdfBorodavko, B., Illés, B., & Bányai, Á. (2021). Role of artificial intelligence in the supply chain. Academic Journal of Manufacturing Engineering, 19(1), 75-79. https://www.ajme.ro/PDF_AJME_2021_1/L11.pdfTalukder, S. (2019). Corporate identity design for Cafe Ava’s fruit juice and drinks. https://repository.au.edu/bitstream/handle/6623004553/24220/AU-Student-Report-Fulltext-24220.PDF?sequence=2Guo, X., & Wen, M. (2021, December). Research on Competitive Strategy of Coca-Cola Company. In 2021 3rd International Conference on Economic Management and Cultural Industry (ICEMCI 2021) (pp. 2879-2885). Atlantis Press. https://www.atlantis-press.com/proceedings/icemci-21/125965872

Business Crime

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Business Crime

Question 1

When it comes to business crimes, employees and every individual who holds a managerial position within that business who is found engaging in any illegal activity or knew the illegal acts but did nothing about it can be found guilty of a crime. Usually, the criteria for establishing a criminal liability in business crime entails finding out who knew about the crime but did nothing about it, who authorized the criminal activities, or who failed to act rationally and justly (Jennings, 1).

An example of a business crime committed in the past two years is that of a New York man named Joshua Suarez. He was found guilty of supervising a massive wire fraud scheme that caused over $2 million in losses for the victims. The conspirators utilized several techniques, such as deceptively demanding to be the account holders and negotiating fake payments, to falsely persuade banks and business entities to release and send to them. In order to open bank accounts and launder the money, Suarez recruited and gave instructions to people. Suarez directed the withdrawal and transfer of money from the bank accounts after the fraudulently acquired amounts had been deposited there. In his case, 9 people were accused, 8 pleaded guilty, and 6 were sentenced. Other defendants were accused of several offenses, but these were only accusations; thus, they were assumed innocent until proven guilty. Besides the jail term, Suarez was penalized with 3 years of supervised release and was mandated to pay $504,164 in compensation by Judge McNulty (U.S. Department of Justice n.p).

Question 2

Regarding crime and privacy protection within a workplace, private employees have a reasonable privacy expectation because searches and seizures by supervisors or government employers are subject to the Fourth Amendment’s restraints (Determann and Robert, 987). On the other hand, public employees do not have a reasonable privacy expectation because a warrantless search may be considered reasonable and not considered a defilement of the Fourth Amendment (Determann and Robert, 988). The warrantless search is what violates the reasonable privacy expectation of these private employees.

In the US, the test for the tort of invasion of privacy is the “highly offensive test”. The US Restatement utilizes this test to serve as a restraining factor, which reflects the concern that the law of tort is not supposed to overly limit freedom of expression, which is safeguarded by the US constitution’s First Amendment (Giliker, 768).

Question 3

If the management’s primary goal is to ensure its employees are productive, they should be limited to monitoring the business property. Therefore, they should only monitor the computers, phones, and other equipment that belong to the company. This is because monitoring the personal computers and phones will invade the employees’ privacy. To ensure that only the organization’s computers and phones are monitored, the organization should advise employees to use only company equipment. This will protect the employees’ privacy and allow the management to monitor how employees are working. They will be able to monitor how employees work and identifies areas that require improvement. Consequently, this will increase employees’ productivity.

Sources:

Jennings, Marianne. (2022) Business: Its legal, ethical, and global environment (12th edition) Mason, OH: Cengage Learning.

U.S. Department of Justice (2021). New York Man Sentenced To Six Years In Prison For Supervisory Role In Large-Scale Wire Fraud Conspiracy. https://www.justice.gov/usao-nj/pr/new-york-man-sentenced-six-years-prison-supervisory-role-large-scale-wire-fraud.Determann, Lothar, and Robert Sprague. (2011). Intrusive monitoring: Employee privacy expectations are reasonable in Europe, destroyed in the United States.Berkeley Tech. LJ 26,979-1034.Giliker, Paula. (2015). A Common Law Tort of Privacy?-The Challenges of Developing Human Rights Tort. Singapore Academy of Law Journal, 27, 761-788. https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/e-Archive/ctl/eFirstSALPDFJournalView/mid/513/ArticleId/1070/Citation/JournalsOnlinePDF

Abstract and Detailed Outline of dissertation in improving logistic operations in the U.SPresented by

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Abstract

Logistics in military involves generating, transporting, relocating or redeploying, and sustaining materials and personnel. The ability of United States to support this process depends on powers of its military. Effective logistics operations in the military make the country more flexible and gains advantage over other nations. The main objective of this research was to determine the role played by logistics in the U.S. Marine forces now and in the future. A successful logistics operation in the military requires qualified Logistics Marines who undergo massive recruitment exercise. The main issues that the study investigated are the cost of maintaining effective logistics, management of marine logistics, utilization of technology, and future recommendations. According to research by Ramey on the impact of logistics in U.S. Air force, availability of infrastructure provides a better avenue for the movement of goods and people in and from military bases. In addition, the study found out that more resources, in monetary forms, are needed to improve the state of infrastructure in military in days to come (Ramey, 1999).

The research was conducted in 4 marine bases in U.S. These were Barstow, CA, Bridgeport, CA, 29 Palms, CA, and San Diego, CA. The sample population for the research consisted of 100 participants, 25 from each marine base. Quantitative research methodology was used to collect data from the selected bases. Interviews were administered to participants followed by questionnaires. These two research instruments were thought to be most reliable because they allowed the researcher to yield consistent data and measure all variables (Phillips & Stawarski, 2008). Graphs and graphs were used to analyze collected data. These formed the best modes of interpreting useful information from the research that met the objectives.

The study found out that logistics play a major role in the military in U.S. U.S. military stands among the most advantageous militaries in the world because of high technology advancements. After analyzing the results, it was realized that technology played a key role in improving logistics in the U.S. marine bases. Bonds et al (2012) that formal networks within the military department play a major role in connecting various military centers across the country. In addition, the uses of informal networks such as social networks, online discussion groups, and chat rooms have the power of improving communication between soldiers. The following literature played a major role in establishing the main elements that would help U.S. marine improve their logistics. In addition, it was realized that military leaders who have established a foundation related to transportation, reallocation, sustainment, and redeployment of military forces experiences effective operations within their bases.

The study findings will play a major role in improving logistic operations in the U.S. technology forms the most important element in developing an effective logistics system in all sectors across the world (Rushton, Croucher & Baker, 2010). The research recommended that the nation should come up with a strategy of training logistics leaders in the military in order to come up with key competences that promote effectiveness. In addition, military logistics leaders should incorporate technology to facilitate improved logistic processes. Some of the recommended technology advancements included installation of high-speed communications, effective packaging techniques, up-to-date information system, and high-profile material-handling equipments. Finally, the study proposed a move by the government to purchase advanced space devices and tele-mechanisms for easier response to logistics processes.

Detailed outline

DECLARATION

ABSTRACT

ABBREVIATIONS

CHAPTER ONE: BACKGROUND OF THE STUDY

1.1 Introduction

1.2 Purpose of the study

1.3 Statement of the problem

1.4 Objectives

1.5 Research questions

1.6 Assumptions

1.7 Significance of the study

1.8 Justification

1.9 Scope of the study

1.10 Limitations of the study

1.11 Delimitation of the study

1.14 Definition of terms

CHAPTER TWO: LITERATURE REVIEW16

2.1 Impact of effective logistics in the military

2.2 Major improvements in military logistics today

2.3 How technology affects logistics

2.4 Military leaders and their contribution to logistics

CHAPTER THREE: METHODOLOGY

3.0 Introduction

3.1 Research design

3.2 Location of the study

3.3 Population of the study

3.4 Sampling procedure and sample size

3.5 Research instruments

3.6 Data collection procedure

3.7 Methods of data analysis

CHAPTER FOUR: DATA ANALYSIS

CHAPTER FIVE: CONLUSION AND RECOMMENDATIONS

REFERENCES

APPENDICES

References

Bonds, T. M., Peters, J.E., Daehner, E. M. et al,. (2012). Army Network-Enabled Operations

Expectations, Performance, and Opportunities for Future Improvements. RANDACorporation. Retrieved from:

http://www.rand.org/pubs/monographs/MG788.html

Phillips, P. P., & Stawarski, C. A. (2008). Data collection: Planning for and collecting all types

of data. San Francisco: Pfeiffer.

Ramey, T. (1999). Lean Logistics High-Velocity Logistics Infrastructure and the C-5 Galaxy.

RAND Corporation. Retrieved from:

http://www.rand.org/pubs/monograph_reports/MR581.html

Rushton, A., Croucher, P., & Baker, P. (2010). The Handbook of Logistics and Distribution

Management. London: Kogan Page.

ABSTRACTION IN BAYEUX TAPESTRY AND TRAJAN’S COLUMN

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Abstraction in Bayeux Tapestry and Trajan’s Column

All art is abstract at some point and this concept has always existed even in the beginning of the use of art. It is this same concept that McCloud extends and expounds for the reader to be able to understand it fully and from his perspective. Mccloud explains how comics work but also defines abstraction through his writing. On page 31 of the book, we can try to understand the abstraction from humans to more of the cartoon. This is because on this page the first photo looks more like a human being and as the comics continue discussing film critics and abstraction though the literal word is not mentioned here. Therefore they discuss the idea which abstraction is generally about (McCloud, 1993).

Therefore a definition can be derived from here and state that McCloud defines abstraction as the focus on an idea and not something real or tangible just like it is cartoons as stated in the understanding comic’s book. This makes life more interesting and as stated calls for further investigation. Therefore the definition of abstraction by McCloud can be said to be a concept that focuses on ideas just like it is in cartoons and does not focus on reality. Therefore from this book, I choose symbols that represent what is being talked about and which generally are ideas and no tangible evidence of what is being talked about (McCloud, 1993). Therefore in this case we can say that symbols are what represent abstractions because they are not tangible items that can have a definite shape. And this is clear in the understanding of comics as McCloud uses cartoons to show how this is.

In Trajan’s column, we learn about time and its relation to abstraction. This is because even though it might be true that emperor Trajan at the age of 19 lead people to war to conquer a kingdom by the name Dacians it is not fully comprehensible at this period and it makes it even harder to understand because there is no evidence towards that. The remains of the evidence have been watered down by acid rain and the long period of destruction which have occurred and therefore in these recent times this dies not to act as just history with evidence but rather it becomes abstraction which we have to try and understand because we cannot fully grasp how that time was like. We cannot fully understand the aspect of having a king who is 19 years old and we also cannot fully understand what the remains mean. Furthermore, there is a little more abstraction in the issue of having the Dacians being understood. In this, it is pure abstraction since we can’t fathom what kind of kingdom it was and what how their kingdom, as well as their leadership, looked like since it was cleared from existence and consumed by the roman kingdom at that ancient time. Therefore this helps us to understand abstraction even in a more clear and complex manner.

Even though the column still exists it has suffered a lot from the history of civilization and it remains a place of history and a place of abstraction because no matter how a person tries to understand this time in age it remains an idea in their mind and it does not exist anywhere in the current sphere of reality. Therefore this is the basic idea about abstraction that ideas exist in our minds and they do not exist in reality and therefore we have to represent them either in writing them or drawing them using symbols like McCloud does in his book understanding comics. He also dissects the idea very well not only in word but also in vision whereby as the cartoons and drawings talk about the abstraction he draws them looking more like human in the first photos but at the end of the page he makes sure they look more like cartoons and symbols rather than human drawings (Lancaster, 1999).

In Bayeux Tapestry we also learn of how ancient times and color affect our understanding and creation of images due to the abstraction of a concept. This is an embroidered clothe almost 70 meters long and 50 centimeters wide. Its main depictions are the Norman conquest of England and it dates back to the 11th century (Musset, 2005). Its main characters include; William, Harold, Wessex, and many more who were involved in the activities of the norman kingdom at that period in time. The cloth has seventy scenes and all these talks of that period when England was conquered. It is embroidered and not woven and therefore it can be said to not be typically tapestry but embroidery. This, therefore, helps us to understand abstraction even in a clearer manner because we have to feed our minds with the idea that this kind of thing and vent took place especially when it is supported by evidence which does not give us the real situation but only gives us symbols to help us make the mental images. Color also plays a great role in the whole of this because we get to see which colors they liked most and in the creation of mental images as we understand abstraction we are likely to make colored images (Musset, 2005).

Therefore in conclusion we can say that understanding comics is an essential part of understanding abstraction. However, abstraction can be understood better when there is a combination with other artworks like I have discussed above the Bayeux Tapestry and the defeat of the Dacians by the emperor of the ancient roman kingdom Trajan. These two give us insights and the ability to understand abstraction more clearly.

References

Gameson, R. (Ed.). (1997). The study of the Bayeux tapestry. Boydell & Brewer Ltd.

Lancaster, L. (1999). Building Trajan’s column. American Journal of Archaeology, 419-439.

McCloud, S. (1993). Understanding comics: The invisible art. Northampton, Mass.

Musset, L. (2005). The Bayeux Tapestry. Boydell Press.

Richmond, I. A. (1935). Trajan’s army on Trajan’s Column. Papers of the British School at Rome, 1-40.

Business Concept Report

Instructions:

Please fill out each section of this report succinctly. I am only looking for a few sentences for each section.

Brief Description of the Business Concept

The Market Need. Identify the void in the marketplace that your business idea is going to fill. This could be a problem your product or service will solve, an emerging market your product will help to define, or the absence of a product or service that people don’t even know they need.

Your Solution. This is a more in-depth discussion of how your business idea is going to fill the void, solve the problem, or create a new market. It’s also your chance to discuss why your product or service is the answer and, more specifically, why YOU are the perfect person to bring the idea to market.

Your Proposed Business Model. This is a critical component for every stakeholder involved because this is the element of the Business Concept Statement that details how you are going to make money. You’ll want to discuss how you’re going to charge for your product or service, the business processes you plan to implement, and the resources you’ll need to make it a success.

Your Unique Value Proposition (UVP). Explain how your product or service is different from others in the marketplace. Identify why someone would want to buy your product instead of one that’s already on the market. Your UVP is your differentiator—the reason your business will exist. Will it be your unparalleled customer service? A new technology? A higher-quality product? Better price points? Faster delivery? Or a combination of those things? Even something as simple as more attractive packaging can make all the difference for many consumers.

A Succinct Competitive Analysis. To be absolutely sure your new business idea will fill a hole in the market, you’ll need to look at your potential competition. Who else is currently providing products or services to your prospective customers? What are their strengths and weaknesses? Examine the competition’s annual revenue (or estimate it if you have to) and identify their market share. This will help you determine both the size of the market and its potential for disruption, innovation, or new products or services.

Quick Overview of Your Marketing Plan. How you market your business will be critical to its success. In some cases, your marketing plan may actually be your UVP. Establish buyer personas, develop a target audience, and assess and prioritize your ideal marketing verticals. Then, discuss how you plan to promote your business idea in a way that’s different from your competitors.

Abstract Outline for paper United States Military Logistics through Time

Presented by

Institution

Abstract

Introduction: Military logistics is the process of sending and receiving materials and personnel. The major activity in military logistics is transportation (Waddell, 2010). Availability of an effective and viable military logistics process strengthens the military power of the country.

Objectives: The research aimed at investigating the role logistics plays in the U.S. Marine forces and the challenges faced.

Background: The military must conduct all their operations in a coordinated and structured manner for the purpose of accomplishing their mission. Effective logistics management plays an essential role in ensuring the success of Marine forces operations (Arquilla, 2000). U.S. Marine Forces was chosen for the study because it forms the major command of the United States Military Department (U.S. Marine, 2014).

Findings: The findings from the research show that logistics plays a significant role in the day-to-day operations of the U.S. Marine Forces. The research found out that the technology had a major contribution towards effectiveness of logistics operations. In the four Marine Bases investigated, effective logistics networks such as poor signals and slow internet connections were a major challenge that affected sharing of information and movement of materials and personnel. Moreover, the results indicated that most base commanders had less information about effective management because they lacked the necessary logistics skills.

Conclusion: The study presented logistics as an integral part of military operations that helps in improving efficiency in the transport department. The main area of challenge highlighted in the research was infrastructure. According to Rushton, Croucher & Baker (2010), availability of a well maintained and updated infrastructure system help realize better logistics operations

Summary: The study clearly demonstrated the role of logistics in the U.S. Marine Forces by establishing challenges faced by the military in implementing effective logistics operations. The cost management, technology utilization, and availability of essential logistics management skills among U.S. Marine Forces leaders formed the major challenges towards effective logistics in the U.S. Marine Forces.

Future recommendations: The study recommended that U.S. military department should provide more training to their military personnel on how to manage logistics. In addition, the government should install proper and modern network and communication systems to ensure fast and real-time delivery of information, goods, and personnel. Finally, the military sector should be served with advanced materials such as tools, machinery, machinery and weapons to increase the effectiveness of service delivery.

References

Arquilla, J., & Ronfeldt, D. F. (2000). Swarming & the future of conflict. Santa Monica, CA:RAND. Retrieved August 31, 2014 fromhttp://www.rand.org/pubs/documented_briefings/DB311.html

Rushton, A., Croucher, P., & Baker, P. (2010). The Handbook of Logistics and Distribution

Management. London: Kogan Page.

U.S. Marine. (2014, March 23). Marine Corps Operating Forces. Marines.com. Retrieved

September 2, 2014, from

http://www.marines.com/operating-forces

Waddell, S. R. (2010). United States Army logistics: From the American Revolution to 9/11.

Santa Barbara, Calif: Praeger.



Miranda v. Arizona 1966

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Miranda v. Arizona 1966

In Miranda v. Arizona (1966), there was an order by the Supreme Court that said detained defendants needed information on their rights to get an attorney constitutionally before the questioning. The Miranda v. Arizona case started with the arrest of a resident in Phoenix named Ernesto Miranda around 1963. He was then booked on the charges of robbery, kidnapping, and rape. At that time, the suspect (Miranda) was not conversant about his constitutional rights before the police interrogation. The interrogation between Miranda and the police took about two hours. Allegedly, Miranda admitted to having committed the wrongdoings during the interrogation that the police had recorded. He was illiterate as he had not completed his ninth grade. Additionally, he had a mental disorder history and had no counsel available. At the time of his trial, the prosecution’s case comprised only of Miranda’s confession. Ultimately, he was sentenced to the crime of kidnapping and rape hence being penalized to 20 to 30 long years in jail. Later on, Miranda appealed to the Supreme Court in Arizona, and he claimed that the law enforcement agency had executed his verdict unconstitutionally. The Court disagreed and maintained the sentence. Miranda did an appeal to the United States Supreme Court, which finally revised the case in the year 1966.

The case had several participants. The Supreme Court had chief justice, Earl Warren, within a 5-4 decision. He ruled that the prosecution team would not present Miranda’s confession as proof in a criminal trial since the police did not first let Miranda be aware of his constitutional right, get an attorney, and against self-accusation. The judge, in his participation, asserted that the Fifth Amendment of the Constitution obligated the police role in offering those warnings. It offers the suspects the right to deny being self-witness on themselves and the Sixth Amendment assures criminal offenders the constitutional right to get an attorney. The Court held that the perpetrator’s right against self-accusation has been for a long period being part of Anglo-American ruling as a method to balance the helplessness inherent in being imprisoned (Ponte Carvalho, 2017). Such kind of position, if left unchecked, might every so often result in government misuse. The perpetrator’s right to get an attorney is also a fundamental right since an attorney’s appearance during interrogations, in the view of C.J Warren, allows the accused to say his incident with no fear, efficiently, and in a manner that removes the troubles in the interrogation procedure.

Therefore, to defend those rights in the existence of a widespread unawareness of the rule, the Court planned declarations that law enforcement agencies are needed to let the defendant know who is being interrogated and detained. These compulsory “Miranda Rights” start with “the right to remain silent” and goes on the words with the usual statement of “anything said can and will be used against you in a court of law.” The law enforcement agencies are bound to inform the suspected person of their right to acquire an attorney and permit for a perpetrator’s attorney who may escort him/her at the time of interrogations (Zelechoski, 2017). Miranda Ernesto was not given any of those rights, and the “confession” was therefore unconstitutionally used at the trial. The Court also had lawyer Alvin Moore; another main person involved at the trial. He came into the case when the prosecutors gave out Miranda’s written confession as proof. Moore protested that since those facts, the declaration of guilt was not truthfully voluntary and ought to be left out. Moore was involved in filing the suspect’s appeal to the Arizona Supreme Court, asserting that Miranda’s admission was not entirely voluntary and should not have been utilized during the Court proceedings. Another participant was John Paul Frank, the Attorney, who was a former law clerk. He also represented Miranda in his appeal. The other participants were the five justices of the U.S. Supreme Court who made up the majority and merged a view put down by C.J Earl Warren. The judges ruled that since the forced nature of the questioning by police, no admission might be allowable under the Fifth Amendment’s self-accusation clause and the constitutional rights to get an attorney under the sixth amendment (Dressler, 2017). Justice Tom C. Clark, also a participant of this case, argued that C.J Earl Warren Court went a bit too far and too fast. In his place, Justice Tom Clark said he would utilize the entirety of the situations test articulated through Justice Goldberg in Haynes v. Washington.

Miranda Ernesto was re-tried in 1967 after the novel case against him was dismissed. At that period, the prosecution, as an alternative to utilizing the prior self-confession, came up with a different kind of proof and called upon witnesses. Twila Hoffman was one of the witnesses. She was a woman who used to stay with Miranda during the crime period. As a witness, she claimed that Miranda told her about committing the offense. Ernesto Miranda was sentenced in the year 1967 to 20 to 30 years in prison (Douglass, 2017). In 1972 Miranda Ernesto was paroled. He was then set free. He went back to his long-time neighborhood, and his job was to autograph police officers’ “Miranda cards” that had the text of cautioning for interpretation to arrestees. He met his death by being stabbed to death at a time of a bar argument on January 31, 1976.

Miranda v. Arizona, a legal case, resulted in the Supreme Court of the United States creating a police interrogation code of conduct for the illegal suspects detained in custody. Early Warren maintained that prosecutors could not utilize statements formed by defendants under interrogation in the custody of police lest specific minimum routine safeguards were adhered to. Warren assisted in the criminal justice system reform. He specified fresh guidelines to ensure that a suspect is given the freedom not to be forced to do self-incrimination under the Fifth Amendment (Douglas, 2017). These fresh guidelines were known as the Miranda cautions. The fresh guidelines comprised informing persons arrested before interrogation that they possess the right to stay silent and that whatever they say can be utilized against them as proof. Those suspects have the right to acquire an attorney, and that in the circumstance they cannot pay for an attorney, the state will be assigned for them. In his declaration, C.J Warren declared that the law enforcement agency could not continue questioning a suspect in detention if at any phase of the process the suspect shows that he does not wish to be questioned or shows that he needs to ask an attorney. All this helped shape criminal justice reform in terms of policy processes, trial processes, and court proceedings. As these reforms took root in the ground, critics of the Miranda decision claimed that the Court’s undertaking to guard the individuals’ rights had significantly damaged law enforcement.

Reference

Douglass, D. L. (2017). Department of Justice consent decrees as the foundation for community-initiated collaborative police reform. Police Quarterly, 20(3), 322-336.

Dressler, J. (2017). Miranda v. Arizona: Be Grateful for Small Favors. Tex. Tech L. Rev., 50, 51.

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Mireya Ibanez

March 7, 2021

BME 295C

Ms. Barton

Annotated Literature Review:

1. Mesenchymal Stem Cells in the Treatment of Traumatic Brain Injury.Hasan A, Deeb G, Rahal R, Atwi K, Mondello S, Marei HE, Gali A, Sleiman E.

Front Neurol. 2017 Feb 20;8:28. doi: 10.3389/fneur.2017.00028. eCollection 2017.

PMID: 28265255 

The review introduces the use of the Mesenchymal stem cells in Traumatic Brain injury. Studies have shown that using a MSC approach can be a treatment to patients who have a TBI. One study conducted by Cox involved implanting Mesenchymal stem cells into 10 children. The results showed improvement for 7, and no significant result on the remaining children. The most effective result reoccurred the sooner the patient received the Mesenchymal stem cells. MSC is growing to be an enormous opportunity for helping people post- TBI repair.

2. Potential of mesenchymal stem cells alone, or in combination, to treat traumatic brain injury.Willing AE, Das M, Howell M, Mohapatra SS, Mohapatra S.

CNS Neurosci Ther. 2020 Jun;26(6):616-627. doi: 10.1111/cns.13300. Epub 2020 Mar 10.

PMID: 32157822 

Mesenchymal stem cell therapy has been showing promising results in ongoing clinical studies. There is different therapeutic approaches for a Traumatic Brain Injury in combination with clinical Mesenchymal stem cell trials. The clinical trials have at least entered the beginning stages (safety phases) for multiple diseases and injuries including TBI’s. Researchers have been able to get a better understanding of what occurs to the body after sustaining a TBI and how Mesenchymal stem cells repairs the brain and improves functional outcomes. A lot of research and clinical trials is still needed to be able to create an effective therapy for patients suffering from Traumatic Brain injury.

3. Systemic administration of cell-free exosomes generated by human bone marrow derived mesenchymal stem cells cultured under 2D and 3D conditions improves functional recovery in rats after traumatic brain injury.Zhang Y, Chopp M, Zhang ZG, Katakowski M, Xin H, Qu C, Ali M, Mahmood A, Xiong Y.

Neurochem Int. 2017 Dec;111:69-81. doi: 10.1016/j.neuint.2016.08.003. Epub 2016 Aug 15.

PMID: 27539657 

A study has been conducted to see if the administration of cell-free exosomes derived from h-Mesenchymal stem cells can promote functional recovery and neurovascular remodeling in rats after a Traumatic Brain injury. Wistar rats were tested by giving them an induced TBI and 24 hours later injecting them with the exosomes. The exosomes treatment significantly improved functional recovery in rats after obtaining a Traumatic Brain injury. The results included promoting endogenous angiogenesis and neurogenesis and reducing inflammation. hMSCs have the potential to be a cell-free therapy for a TBI and exosomes can possibly enhance spatial learning.

4. Human adipose-derived mesenchymal stem cells for acute and sub-acute TBI.Ruppert KA, Prabhakara KS, Toledano-Furman NE, Udtha S, Arceneaux AQ, Park H, Dao A, Cox CS, Olson SD.

PLoS One. 2020 May 26;15(5):e0233263. doi: 10.1371/journal.pone.0233263. eCollection 2020.

PMID: 32453741 

There are many attempts of intervention focusing on protection and, repair or regeneration when traumatic brain injury occurs. The use of stem cells from a variety of sources and applications has been studied in many disease and injury models. This study involves administering h-Mesenchymal stem cells into a rat. The earliest administration at 3 days after and delayed administration 14 days after a controlled cortical impact injury. The treatments show improvements in neurocognitive outcome and a change in the neuroinflammation one month after the injury. There is significant data and results that support the idea of using adMSC to treat a TBI. There is still ongoing research to find the optimal time to administrate the therapy to have the most successful results.

5. Bone marrow mesenchymal stem cells combined with Sox2 increase the functional recovery in rat with traumatic brain injury.Hao Q, Zheng J, Hu Y, Wang H.

Chin Neurosurg J. 2019 May 15;5:11. doi: 10.1186/s41016-019-0158-7. eCollection 2019.

PMID: 32922911 

In many studies, it is found that the stem cell transplantation holds potential results for modifying motor dysfunctions caused by Traumatic Brain injuries. 26 rats were used in a study, with 2 rats being bone marrow stem cell donors. 2 days after a Traumatic Brain injury, the rats were induced with SOX-2 and the study examined the effects of SOX-2 with the differentiation of bsMSCs. The motor function was tested using NSS. (Neurological severity score) The study showed there was neurological function improvements. This treatment is another step to creating a promising therapy for Traumatic Brain Injuries.

6. Transplantation of R-GSIK scaffold with mesenchymal stem cells improves neuroinflammation in a traumatic brain injury model.Sahab Negah S, Shirzad MM, Biglari G, Naseri F, Hosseini Ravandi H, Hassani Dooghabadi A, Gorji A.

Cell Tissue Res. 2020 Dec;382(3):575-583. doi: 10.1007/s00441-020-03247-0. Epub 2020 Jul 27.

PMID: 32715374 

Neural tissue engineering has been introduced by using Mesenchymal stem cells and R-GSIK to provide a therapeutic strategy for a Traumatic Brain injury. The study was designed to promote the behavior of the stem cells by incorporating R-GSIK in rats. There was significant recovery of motor function observed in the rats that received Mesenchymal stem cells and R-GSIK. Compared to other control groups there was a reduction in pro-inflammatory cytokines. This helped to strengthen the idea that R-GSIK and Mesenchymal stem cells are a step in helping patients who suffer from a Traumatic Brain injury.

7. Transplantation of mesenchymal stem cells genetically engineered to overexpress interleukin-10 promotes alternative inflammatory response in rat model of traumatic brain injury.Peruzzaro ST, Andrews MMM, Al-Gharaibeh A, Pupiec O, Resk M, Story D, Maiti P, Rossignol J, Dunbar GL.

J Neuroinflammation. 2019 Jan 5;16(1):2. doi: 10.1186/s12974-018-1383-2.

PMID: 30611291 

Traumatic Brain injury are major causes to long term disability with a limit on the treatments available. In order to see responses of the methods, researchers look at the Neuroinflammatory responses. One specific method involves transplantation of Mesenchymal stem cells. These Mesenchymal stem cells release trophic and pro-repair cytokine, specifically interleukin10. The study tests the therapeutic effects when transplanted into rats that endured a Traumatic brain injury in the frontal cortex. There were significant improvements to reduce inflammation and promote functional outcomes, although further testing and research needs to be conducted. This could be very good in human research, if the rats continue to show good results.

8. Treating childhood traumatic brain injury with autologous stem cell therapy.Dewan S, Schimmel S, Borlongan CV.

Expert Opin Biol Ther. 2018 May;18(5):515-524. doi: 10.1080/14712598.2018.1439473. Epub 2018 Feb 15.

PMID: 29421958 

A significant contributor to developmental disorders occurs from childhood related Traumatic Brain Injuries. Stem cell therapy, meaning using stem cells from the own individual is a believed therapy to enhance the repair of the injured neonatal brain. The use of autologous stem cells can delay ad possibly stop the neuroinflammation that causes cell death to occur. This therapy has very promising potential to treating neuroinflammation related with acute and progressive stages of neonatal Traumatic brain injury. There is a bunch of room of new information that can help the therapy, such as introducing new components to ensure a good outcome.