Gideon’s Trumpet

Gideon’s Trumpet

Damian Anderson

Columbia College

 Gideon’s Trumpet chronicles the circumstances of an arrest, and appeal that eventually changed the course of the criminal justice system. The film, directed by Robert L. Collins, stares Henry Fonda as Clarence Gideon, poor man of average intellect who is arrested for breaking into a pool room after a witness identifying Gideon as the culprit. Along with the witness’s report, the taxi driver whom transported Gideon stated that Gideon asked the driver not to mention seeing him and there was a large amount of change found on Gideon’s person, which seemed incriminating as there were coins stolen along with the break in.

                               Based on the evidence above, local police made an arrest. At trial Gideon requested an attorney from the judge due to his low funds. The judge responding stated that lawyers/counsel was only appointed in capital cases, and that he would not be appointed counsel, as the case was a capital offense.  Therefore Gideon, a poor man of average intelligence, had to argue his case of innocence against a lawyer whom has both experience and the educational training.

The constitution stated in the Fourteenth Amendment that every citizen “shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Cornell University Law School). Due to this amendment, citizens are receiving the following:  right to speedy trial, right to public trial, right to counsel among other things (Justia). However, the concept of fairness is debatable and can be different based on each circumstance, as cited in Synder v. Massachusetts (Justica).   Because of this, the courts could argue on whether a defendant without counsel was considered unfair, as in regards to their ability to defend themselves. That said, a case mentioned often in the course of the film was Betts v. Brady ruled that indigent defendants would only be appoint counsel based on special circumstances. These special circumstances could be based on education level, illiteracy, and competency (Landmark Cases). Since Gideon only circumstance was his lack of funds, the court didn’t find a reason to appoint counsel.

During his prison stay Gideon often visited the library researching on constitutional rights, and doing so he reached out to the Supreme Court.  During his trial, Gideon was able to only call one witness and was unprepared and uninformed during his questioning while the prosecution was the opposite.  The 3 steps that Gideon needed to take in order to for his case to be heard by supreme court included: 1) petition Florida Courts Habeas Corpus, 2) Ask Supreme Court Certiorari, and 3)sign an affidavit  stating he was unable to pay $100. During the course of this process in the film, Gideon’s becomes an inspiration to other prisoners; scenes included prisoners asking Gideon could listen to their case.

The film provides insight into how the Supreme Court works and functions. They considered each case sent into them, reviewing the facts and ruling. Here they determine which of the ruling seemed questionable, and then have a meeting in which they discuss further and conduct votes.

Regarding Gideon’s case, their discussion poses several discussions.  One of which included other prisoners whom were tried without counsel. If they would indeed overturn this, they had to consider all the other entire prisoners whom were convicted without having counsel. Would their conviction be overruled and be tried again? That would create massive chaos, as there were quite a number of those in prisoner under those circumstances.

During the course of their meeting it was stated that a simple man should be able to defend himself in a simple case. This is full of problems, as it was briefly touch upon above. A case could be considered simple, based on the facts and evidence of the situation, but to have a simple man of average intelligence defend himself is entirely unfair. Attorneys and lawyer venture off to law school for years perfecting their craft of argument and education of the court system. A person cannot expect a person of average intelligence to compete with such education and training.

The defense in court in all honesty, requires someone of above average intelligence to properly and effectively defend someone. Court proceedings are bound by rules and complex guidelines. For example, during his questioning of the landlord, the prosecution called an objection due to leading questions. Gideon seemed confused and unable to effectively question the landlord. When deciding the jury, he probably didn’t realize he could challenge the members as being bias against him, thus further establishing an unfair trial. Overall, his understanding of the court system was limited which created much confusion for himself, until he began researching aspects of unfair proceedings.

During proceeding with the Supreme Court, Abe Fortas pose question related to identifying with special circumstances. In regards to Betts v. Brady, how does the court determine if an individual falls under special circumstances? Is this it his skin tone, his education level or whether he has a stupid look? Fortas even stated that there were no “special circumstances” concerning other than his poor economic standing in the community.  Next, he argued that defendants should be appointed counsel, when need, from the initial arraignment to the appeal proceedings.

The court then rebutted back with concerning reason not to overturn or modify Betts v. Brady: 1) the is no historical basis for the states appointing counsel, and 2) Betts v. Brady provides clear standards for the right to counsel in the form of special circumstances. Following that, 2 key consequences we were mentioned if Betts v. Brady would be overturned: 1) the demanding of lawyer for every single case would create a high strain on citizens as well as huge case loads, and 2 over 5000 prisoners prior to this had no counsel for their case. The court did make a point to ensure that the overturning of Betts v. Brady would be retroactive to prevent a massive caseload on the court system, however it was mentioned that some prisoner would go free.

The Supreme Court is task with hearing cases that can alter the course of court proceeding all together. Through precedents the court and other can argue for a new or modified standard to a ruling. This film was just an example of the changes that can occur due to Supreme Court. Because of the Supreme Courts, suspects have Miranda rights (Miranda v. Arizona), defends have right to counsel (Gideon v. Gainwright), and assurance of due process (Sydney v. Massachusetts) . Though the case load seems rather large for the court, it seems to an effective system by approaching each case one at a time, giving each case their proper and undivided attention.

When pertaining to right, each defendant in the American court system should be allowed the right to counsel. However, if the defendant has the financial means to afford an attorney. Reason being, that it puts less of a strain on community by using government funds (Nolo). When appointing does happened by the courts, lawyers can obtain a massive caseload which may negatively effective their performance; they may as efficient as they have too many cases to handle properly. But even if those negative aspects, the Supreme Court was correct and wise when ruling that ever defendant is entitled to counsel. It is included in the constitutional amendments that defendants have the right to a fair trial, and active participation doesn’t equal fair trial. As stated many times above, defendants of average intelligence are not  adequately equipped to handle court proceeding; as they can appear complex and confusing to the defendant. In appointing attorneys to each defendant we are ensuring not only the constitution, but eliminated the chance of a wrongful conviction. Well, or at least a reduced chance.

Works Cited:

Cornell University Law School. (n.d).US Consitution: 14th Amendment. Legal Information Institute. Web. Retrieved from: https://www.law.cornell.edu/constitution/amendmentxiv

Houseman, John & Collins, Robert L. (1980). Gideon’s Trumpet. United States. Worldvision.

Justia. (n.d.) Fair Trial. Justia US Law. Web. Retrieved from: http://law.justia.com/constitution/us/amendment-14/57-fair-trial.html

Landmark Cases. (n.d). Summary of the Decision. Landmark Cases of the U.S. Supreme Court. Web. Retrieved from: http://landmarkcases.org/en/Page/593/Summary_of_the_Decision

Nolo. (n.d.) Court Appointed Attorneys in Criminal Cases. NOLO. Web Retrieved from: http://www.nolo.com/legal-encyclopedia/court-appointed-criminal-defense-attorneys

 

 

All Fletched Up- Film Analysis

Damian Anderson

Professor Barry R. Langford, J.D.

CJAD 301

7 October 2009

All Fletched Up

Through the use of film, artists are able to either entertain or educate. It is a fact that films are considered more of entertainment value than educational; however both can consist.. This doesn’t have to be intentional. For example, taking a look at the film Fetch starring comedy legend Chevy Chase, criminal justice majors are able to identify with where law violations occur whereas casual viewer student may or may not notice.

Hailed as a comedy classic by fans and critics alike, Fletch follows Chevy Chase’s character by the same name as he unravels though a plot of deception and corruption. As a journalist Fletch, goes to many extremes and multiple hilarious scenarios to uncover the truth. Through all the hi-jinks, law students are able to find several law violations within the film. There are six main events to be discussed.

The first event occurs very early in the film as Fletch, while working undercover for a journalism article, is approached by Allen Stanwyck with a proposition. Allen offers 50 thousand dollars to be murdered due his supposed bone cancer. The scenario is completely laid out: where to find the gun, where Allen will be present, the location of the open safe, the getaway card and plan tickets to Rio del Janiero.  Fletch initially agree, but investigates the circumstances as the film goes on.

In agreeing to commit the act several issues arise. Since the plan is planned out and premeditated and completely thought out, if the act is committed then Fletch would be charged with first degree murder. But since this is only agreeing to do so, it would be conspiracy to commit murder because there is a contractual agreement to commit the murder.  Stanwyck could also be charged with solicitation according to the Model Penal Code 5.02 where it defines that a suspect guilty of criminal solicitation “request or commands another person to engage in conduct that would constitute as a crime.”

Not long after following that scene, Fletch plans a doctor visit with Stanwyck’s doctor to get further information concerning Stanwyck’s supposed cancer. After receiving no answer from the doctor, he goes undercover as a doctor to reach the records room. In doing so, along with setting up a hilarious scenario where Fletch assisted with autopsy, impersonates a doctor and reads confidential patient files.

This is considered a violation of privacy, since there files were only for the patient and the doctor(s) to see. Model penal code defines that a violation of privacy can occur through a breach of privates message, and though medical files are typical “messages” it is a way for doctors to communicate to each other as well as revealing result to a patient; thus, becoming a form of communication between people.

One of the more notable scenes in the film involves the police. Actually, there are several scenes worth mentioning. The first takes part on the beach where Fletch is working undercover for a drug trafficking case, when police arrive chasing down a specific young man. When arriving to the scene Fletch witnesses the police violently attacking the young man, whom is unarmed and never posed a threat of any sort. When Fletch approaches the scene, he too is attack by the police before the leave with the young man in custody.

There is a times where police officers need the use of force to prevent a suspect from harming themselves or other. The Model Penal Code section 3.07 sites that the use of force can be used in the following situations: to prevent escape from custody, prevent suicide of commission of a crime, and by a private person assisting an unlawful arrest.

In the second scene, Fletch arrives home and is surprised by two detectives waiting for him. After a quick pat down they plant heroin on Fletch and take him into the station. Once again the police are being rough where there is no need. At the station Fletch is brought in to see Chief Karlin whom is corrupt as well. He threatens to shoot Fletch in the face and claim self defense or Fletch can cancel his story involving the police brutality at the beach earlier. Fletch under duress and fear of his life agrees to do so.  This case also follows the violation of the use of force continuum.

When returning home, again, Fletch discovers police officers waiting on him. In response, he begins a car chase where he eventually “borrows” another car that provides better speed. A young boy is in the vehicle prior and during the chase reveals that the car had already been stolen. As he drives he intentionally runs police cars off the road in an attempt to get way but endangering lives in the process.

Section 242.2 of the Model Penal Code covers the issue of resisting arrest. It defines that resisting arrest as a misdemeanor if the suspect creates a serious risk of bodily injury to the public official or others. That is exactly what occurred in this scene, Fletch risk the safety of the officers, the kid in the vehicle with him and other drivers in order to effectively escape arrest. Fletch, however, could argue that the police had been harassing him unjustly and feared for his own safety.

When checking the flights prepared by Stanwyck, Fletch discovers a lady named Sally sitting next to him and her ticket was purchased by Stanwyck as well. With interests sparked, Fletch travels to Utah to find Sally’s home unlock and enters the home to look around for any evidence of who she is. This is interrupted by a friend of the landlord.

Fletch could be charged with Trespassing and burglary in this scenario. Burglary could be charged, because he did enter the premises unlawfully regardless of the door being unlocked or not however it would be difficult to prove if he indeed planned to commit a crime once inside.  Regarding trespassing, Fletch could agree that the premises appeared to have been abandoned according to Model Penal Code 221.2.

As the film begins to close it is revealed that Stanwyck travels to Utah once a month to visit his parents and Sally, who is revealed to be his wife. The issue here is that Stanwyck is married to a lady named Gail in Los Angeles.  Thus, Stanyck is guilty of bigamy.  Schmalleger and Hall, defines that bigamy is a person being married to one person “while legally married to another person.”  It is considered a misdemeanor under the Model Penal Code and several states (Schmalleger, and Hall, 2014).

In conclusion, Fletch provides a series of law applications that could go unnoticed by viewers. Because of an understanding of how law works and the Model Penal Code, students are able to identify the cause and effects of law violation depicted in film. Fletch still contains its laughs and suspense but now, for some, it will be a mean educational application of law.

Works Cited

Hall, Daniel E., and Schmalleger, Franks. Criminal Law Today.  Boston, Ma. Pearson Education, 2014.  Print

Fletch. Dir. Michael Ritchie. Perf. Chevy Chase, Joe Don Baker, Dana Wheeler-Nicolson, and Geena Davis. Universal Pictures. 1985. Film.

 

Finger Prints in Criminal Justice

Finger Prints

Damian Anderson

Columbia College

The use of finger prints have revealed to be trustworthy method of identifying suspects involved with a particular crime.  It is often referred to in the fields of film, television and literature, and because of that, there are a number of misconceptions concerning its methods and use. Similar to DNA evidence, finger prints have gained a CSI effect, where citizens get the idea that finger prints can be easily extracted from any surface, but on the contrary is actually can be a difficult process. There is a need to understand why and how fingerprinting works. Let’s begin with some history.

Fingerprinting isn’t a new by any means whatsoever. Though it has been popularized in the United States, finger prints have been used by different culture for different reasons besides criminal investigation. For example, finger prints were used for business transaction in ancient Babylon (US Marshals). Clay tablets of thumbs prints have even been discovered as far out as China (US Marshals). Finger prints were used on government documents in 14th century Persia.

However, the first official use of finger printing was by Sir William Hershcel in 1858 for the use of contracts (Lyman, 2014). And it wasn’t until 1891 that fingerprints were used to identify criminals (Lyman, 2014). This new system devised by Juan Vuchetich, which he bases on the Bertillion system (US Marshals). The Bertillon system, named after Alphonse Bertillon, involved a formula that applied the identification of specific people based on bony part of the body (Lyman, 2014).  This system was proved to be practical when Juan Vuchetich identified a mother who murdered her two sons (US Marshals).  As the years continued, finger printing became a cornerstone in criminal justice.  Many prisons began using fingerprints on criminals; the first systematic system was used in 1903 in the New York State Prisons (US. Marshals).

As mentioned early, finger prints aren’t a simple concept but a complex entity. There are different kinds of prints and patterns. Latent prints for example, also known as patent prints, are transferred when an object it touched (Lyman, 2014). This transfer occurs due to the natural grease and oil in our skin (Lyman, 2014). These prints are usually found on smooth surfaces and can be visible to the naked eye (Lyman, 2014). Prints that are the result of pressing against plastic and leaves and impression are called plastic prints (Lyman, 2010). A third type of print is called a dust prints (visible print). This is a when a finger leaves a print among a “dirt surface.” A dirt surface can include” flour, dust, blood, or oil (Lyman, 2014).

Though each finger print is individualized to each person, there are only a number of patterns applied to each print. There are 3 generalized groups of patterns which include the arch, the loop, and the whorl (Lyman, 2014). The divided patterns include: arch loop, whorl, plain arch, accidental, loop, double loop, central pocket loop, and tented arch (US Marshals).

There are a number of different methods used to uncover the prints found. Black powder is a magnetic powder in which particles attach to the print to make it visible (Lyman, 2014).  Iodine fumes are released on a surface in which discolors the print and allows it to be noticed (Lyman, 2014). Lasers have also been used and are favorable because it is easy, clean and requires no pretreatment of the surface area (Lyman, 2014).

Preserving prints can also be a complicated task. Since they are evidence prints need to be sent to a lab for further investigation, but there are times where the print is on a surface that is too large/difficult to transport. These prints are transferred through a thin adhesive tape that transfers the print to a card (Lyman, 2014). Of course the investigator must make sure there are no air pockets in the adhesive that may defect the print (Lyman, 2010).

A final important detail concerning finger prints is the Integrated Automated Fingerprint Identification System, or IAFIS. This is a constantly running system that helps all law enforcement from state level to federal level, to both solve and prevent crime (FBI). It is not only limited to identifying criminal through print, it includes “mug shots; scars and tattoo photos; physical characteristics like height, weight, and hair and eye color; and aliases” (FBI).  This biometric database is the largest in the world containing information on more than 40 million subjects (Lyman, 2014).

Fingerprinting may be a common phrase but is definitely not a simple subject. There are a number of variable when collects, analyzing and preserving prints left at a scene. As time goes on, technology used by crime enforcement will only become greater and more effective and yet this “simple” concept will continue to aid us. The finger print will continue to be an everlasting use for identifying suspects and preserving safety for communities.

Works Cited:

Lyman, Michael D. (2014). Criminal Investigation: The art and Science. Upper Saddle River, NJ. Pearson Publishing. Print.

FBI. (n.d.) Integrated Automated Fingerprint Identification System. FBI.gov. Web. Retrieved from  https://www.fbi.gov/about-us/cjis/fingerprints_biometrics/iafis/iafis

US Marshals (n.d.) U.S. Marshal Service for Students. US Marshals. Web. Retrieved from http://www.usmarshals.gov/usmsforkids/fingerprint_history.htm

Drug Abuse

Damian Anderson

Professor James Earhart

Socio 216

31 January 2016

Drug Abuse

            Drugs are a cancer on the population due to the destructive natures to both individuals and social institutions. As a result, communities have broken family, dangerous work environments, high crime rates and ect. The sad truth is there appears to be no end in sight in regards to the abuse and use of drugs. Let’s take a short look at the effects of drugs in just four intuitions.

First let’s take a look in regards to the institution of the law. The law is in place to create balance and safety and certain drugs are considered illegal. However, these drugs are still used frequently. Examples of illegal drugs include: marijuana, cocaine, methamphetamine, hallucinogens  and heroin. These of course are the 4 most popular of these drugs. Marijuana has been the center of controversy as some states have legalized it while others remain to see it as a gateway drug, which lead users to try other drugs (Mooney, Knox, Schacht, 76).  Drug use and crime have a high correlation together but it has yet to be proven formally whether drug use causes crime to occur (Mooney, Knox, Schacht, 84). Regarding the drug crime correlation, the following are all crimes in regards to drugs: possession, cultivation, production and sale of control substances, public intoxication, and driving while intoxicated (Mooney, Knox, Schacht, 84). Just in 2011 a high number of offenders on either parole or probation were taking illicit drugs (Mooney, Knox, Schacht, 82).

The second institution to take a look at is the family. The family is a center point of our society. The United States have some disturbing statistics regarding the family’s suffering regarding a member’s substance use. For example, one study showed that “1 in 10 children under the age of 18 lives with a parent in need of treatment” for either drug use or alcohol use (Mooney, Knox, Schacht, 83). Other studies have shown that children in such homes are surrounded by home violence, have “higher probability of physical illness” due to car accidents, and more likely to be a victim of child abuse. (Mooney, Knox, Schacht, 83). It have even concluded that the children may face mental health issues as a result to the environment, though more likely among females.

A third institution to observe regarding drug use is the workplace. Much like the statistics regarding the family, statistics involving drug use in the workplace can be quite alarming.  Consider these statistics: 2/3 illict drug users are employed, 8% of employees drink alcohol on a daily basis,  and a loss of 100 billion dollars is expected to be the result of substance abuse (University of Pennsylvania, The Effects of Drugs and Alcohol in the Workplace). It is believed that the 100 billion dollars are lost are resulted, more specifically, from the following: decreased productivity/efficiency, accident and safety hazards, medical claims, turnovers, and employee theft (University of Pennsylvania, The Effects of Drugs and Alcohol in the Workplace).

The final institution is the health system. It is common knowledge that smoking is a hazardous hobby however that doesn’t stop 12 million current users. It is estimated that half (6 million) of those will die as a result of that habit (Mooney, Knox, Schacht, 86). On the other end, alcohol has claimed responsibility for the death of over 2 million people, which accounts for about 4 percent of the world’s population (Mooney, Knox, Schacht, 86). Drinking alcohol excessively can result in: cirrhosis of the liver, cancer, hypertension, and psychological disorders (Mooney, Knox, Schacht, 86). The saddest truth is the result of pregnant others whom engage in drinking while carrying their child. Two notable results are fetal alcohol syndrome, which is “characterized by serious mental and physical handicaps including facial deformities, growth problems, difficulty communicating, short attention spans, and hearing and vision problems” and neonatal abstinence syndrome, which is a child goes through withdrawal as consequences for the mother alcohol/drug use (Mooney, Knox, Schacht, 86).

As stated earlier, drugs are a cancer on society. Whether they are legal or not, they have been known to create a number of issues, some of which have been listed above. Though there are programs that work to reduce such statistics such as the War on Drugs, Mother Against Drunk Driving, and 12 step programs, there needs to be new ideas for the newer generation of users. Until we address this problem head on, we will continue to be haunted and plagued by this cancer. That is the sad truth.

Mooney, Linda A, Knox, David, and Schacht, Caroline. Understanding Social Problems. Stamford: Cengage Learning. 2015. Print.

University of Pennsylvania. Web. 31 January 2016

Crash- Review and Analysis

Crash Analysis

Damian Anderson

Columbia College

Crash is 2004 drama film directed by Paul Haggis and follows the lives of several separate people whose lives connect over the span of 36 hours. Their interaction revolves around a simple theme: racism. Though it is an unwanted substance in society, racism exists in more than one faucet. The film not only cover whites being racist of blacks, but blacks racist of white, Persians racist of Hispanics, ect. Some of the key points in the film revolve around the action and choices of Officer John Ryan, played by Matt Dillon.

There were several situations in the film that arose in regards to choices of Officer Ryan that are directly connected to the text. In one of his first scenes, the decorated officer chooses to stop a SUV, claiming that it may have been connected a hijacked vehicle, when actuality it was because the passenger appeared to be performing oral sex on the driving. Once stop the officer asked both the passenger and driver are asked to step outside, after the passenger was vocally aggressive. This lead to Officer Ryan performing a pat down of the passenger, and in the progressive gropes her sexually. The driver is intimidated by the officer and doesn’t oppose Officer Ryan. Another officer with Ryan also doesn’t oppose the officer actions immediately.

This scene alone has numerous things packed into it that the text mentions throughout. Chapter 2 speaks primarily of racism in the police department; it cites that some police department carries serious repercussions when allegations of racism occur on behalf of their employees.   A police department in California, Alameda Police Department, carried punishment that included termination (Shusta, Levine, Wong, Olsen, Harris, 2015). The department’s general orders include the following: 1) Code of Ethics, when an officer commits to personal suppression of prejudice, animosities, malice and ill will, 2) Discrimination of any form (age, sex, race, national origin), 3) Impartiality to all individuals and promises equal protection under the law, and 4) harassment in the workplace for any reason including race, ethnicity, disability, sex, age, ect. is prohibited (  Shusta, Levine, Wong, Olsen, Harris, 2015). This department had also released action that would not be condoned, they are: 1) racism, racial slurs, racial discrimination, 2) sexism, offensive sexual remarks, sexual discrimination, 3) discrimination or harassment for sexual orientation, and 4) religious discrimination (Shusta, Levine, Wong, Olsen, Harris, 2015). Officer Ryan would clearly be guilty due to his sexual action toward the passenger.

The second piece of information taken from scene would concern the distrust of law enforcement. It is unfortunate that a large population of community feel that the police aren’t there to protect them but to oppress them. Many ethnic groups such as those from South America, Puerto Rico, and Cuba have faced such things in their native land (Shusta, Levine, Wong, Olsen, Harris, 2015). In Crash, it shows one man (Officer Ryan) creating distrust with one woman. However, this just shows a singular event that can occur in other beat, towns and communities. It only takes a few media sources to turn a community against the police. It has been in done with the Black Lives Matter movement over and over, based on information that the media broadcasts. Similar protest could occur given the same outrage over another issue or misuse of power.

The film Crash shows an accurate display of an accurate picture of what power the police hold. There is an immediate need for policies and proper procedures, including severe disciplinary actions, in regards allegation of prejudice action by the employees of the department. There is already enough distrust out there and by implementing more programs regarding the issues at hand, the community may once again be partnered with law enforcement. Until then, police will be looked upon as oppressors.

Works Cited

Haggis, P. (Director). (2004) Crash [Motion Picture on DVD]. United States: Sony Pictures

Shusta, Robert M., Levine, Deena R., Wong, Herbert Z., Olson, Aaron T., Harris, Philip R. (2015). Multicultural Law Enforcement: Strategies for Peacekeeping in a diverse society. (6th ed.) Prentice Hall: Upper Saddle River, NJ. Print

 

 

Change in Departments

Change in Departments

Damian Anderson

Columbia College

           Ironically, change is a constant in our lives, and it is no different in police agencies. Changes occur for a number of reasons, 8 of which are discussed in Police Administration. The first reason is an event in which leads to a change in chief of police due to civil litigation. For example, if a chief of police displays poor judgment when having deceives handle a rape victim’s case causing further emotional distress and a lack of safety may result in civil litigation against the department. This would all be based on the chief’s decision making.  A second reason would be a newly elected mayor replacing an existing mayor. This can occur if the mayor carries a new vision for the community that the current chief of police doesn’t uphold to.  Another reasons would be if a major political figure suffers a sever embarrassment and argues that “the law enforcement agency is to blame” (Swanson, Territo, Taylor, 2012).  A fourth reason would be that a chief of police has either retired, fired, or accepts another position. When a “new sheriff is elected and implements the changes that were part of the platform on which he or she ran,” change is bound to occur (Swanson, Territo, Taylor, 2012). For example, the new sheriff may find there is a need to review policy and request changes.  A sixth reason for change is when high expectations are not respected and honored such as a sheriff’s relationship with a newspaper printing company and the sheriff’s decision to move to another paper for advertisement (Swanson, Territo, Taylor, 2012).

Another reason of change is if the chief of police attitude and conduct become a serious issue and eventually needs to his/her dismissal of officer (Swanson, Territo, Taylor, 2012). The eighth and final reason for change is when moral of the department is considered law and the current administration is responding to issues without preparation and thought. These situations are identified by the following: high volume of complaints against officers, excessive use of sick leave by officers, high rates of turnover, and low levels of experience in the department (Swanson, Territo, Taylor, 2012).

There are 5 reasons in which why change should not be made, and they are as followed: 1) when the knowledge, skill, or other resources needed to carry out effectively do not exist inside the department, 2) when an appropriately experienced external change agent is not presently available, 3) when the effort of making the change is greater than any of the benefits to be derived from change, 4) when collateral damage may lead to chief to use their limited stack of “political chips” on another issue of greater concern to them and the community, and 5) when too much damage is already underway in the department and that change is not sufficiently important at the current time (Swanson, Territo, Taylor, 2012).

The Traditional Action Research Model is comprised of 5 steps. These steps include: 1) recognizing the need for change, where awareness for changes arises from Supreme Court rulings to findings from civil litigation, 2) Assessing/diagnosing the situation, this is where a) the opportunity or problem is determined and b) the gap and difference between what is happening and what the department would like to have happen is determined,  3)action planning, the chief determined who is in charge of the change process based on internal candidates skills and capabilities, 4) change intervention/implementation, this is when plans are completed and implemented accordingly, and 5) evaluation, where  a series of report and periodic observation and conversation with personnel involved in various level of the department are conducted, from which a decision is made whether a change is needed or not (Swanson, Territo, Taylor, 2012).

Works Cited:

Swanson, Charles, R., Territo, Leonard, Taylor, Robert W. (2012) Police Administration: Structures, Processes, and Behaviors. (8th) Prentice Hall. Upper Saddle River, NJ. Print.

Undertaker’s Last Match part 2

This is a dated piece I wrote for a friend of mine last year around August. These were concept I had concerning Undertaker’s last match in the WWE. Enjoy!

Now we are at Survivor Series! Everyone entrances are normal except for The Undertaker, and of course his entrance is last. Since this is his last match the entrance has to be big and unforgettable. His best entrance by far, was wrestle mania 29, with the souls of past victims reaching up towards him. This time when we hear that gong, we see The Undertaker sitting on a throne-like structure with his druid walking slowly by the side of it. They stop at the top of the entrance for a pause and we hear a familiar sound.

Bike Engine revs up. They remove the large cloth tarp covering the “throne” and reveal a motorcycle (custom made with Undertaker Cross on the front) and the music switches from the gong to the Ministry of Darkness music (because it was so epic) and Taker makes cruises to the ring. Now don’t get confused, he isn’t the American Badass but a mixture of it and the Dead Man.  It his last ride…so to speak.

Now here is the difficult part, the match itself. You have to ask yourself who is going under first. The question that needs to be asked is whose career suffers because of the first pin fall. If we are looking at the Veterans team, we know that any of them can be pins and it has not a negative light on their career or persona. There are two in which may not compete again and those are Undertaker and Rhyno.  But I don’t see Rhyno being the center of attention.

The match will start off with Owens and Cena.  They do their back forth punches, Owen whips Cena into his corner and they make frequent tags to keep Cena confused on who the legal man actually. Eventually Gallows becomes the legal man and lead Cena away from the ropes and they have their brawling time.  After about the ten minute mark, Cena begins his four moves of doom sequence. As he runs to the ropes to perform his flyer shoulder Owens enters and hit Cena with a thunderous Pop-Up Power Bomb. Gallows then pins Cena for the first elimination.  It’s a shock but it solidified the New Era immediately.

Without wasting time Rhyno charges and Gores Gallows. Once Rhyno reaches his feet he runs toward Slater on the apron and Gores him through the ropes. Cue the ECW chants.  A brawl breaks on the outside. The ref begins counting to ten but when the mayhem going on (wrestlers sliding in and out of the ring), he just gives up shrugs his shoulders. Rhyno and Gallows enter the ring.

From this point on, the match will just take its natural course but here are some other spots that would enhance the match:

Team Veteran

  • AJ Styles goes for Phenomenal Forearm but is hit with a Code Breaker from Jericho, then followed by an RKO.
  • Slater goes to top for high risk, but Undertaker surprises him with a choke slam from the turnbuckle to the announcer’s table
  • Baron Corbin begins to perform End of Days on Orton but is surprised by Miz from behind with a Skull Crushing Finale.
  • Undertaker does his suicide dive on New Era on the outside
  • Rhyno gores Owens through the barricade

New Era

  • Baron Corbin performs End of Days on Miz from the top turnbuckle
  • Owens reverses Undertaker’s Old School into a power bomb.
  • Anderson and Gallows perform their finisher on the floor on Orton (Concussion storyline continues from summer slam) and is eliminated shortly afterward.
  • Rhyno is crouched in the corner waiting for Slater to get to his feet, Rhyno charges and Slater dodges, hit the ropes and hits his one gore on Rhyno.
  • Orton prepares an RKO on Anderson whom duck out the way only to get by a boot from Gallows.

The order of elimination for the Veterans doesn’t matter as long as Undertaker is their final member. However, for New Era the order of elimination is as follows:

  1. Anderson
  2. Gallows
  3. Styles
  4. Owens

The final two members are Baron and Slater. Slater has spent a good part of the match squirming out of the way, and having little in-ring time ability until now. Undertaker’s body is wearing down after the all the chaos that this match is brought form the competitors.  Slater tries to go for a low blow but undertaker catches his arm, twists it and does an old school on Slater. As Undertaker catches his balance and rests himself on the ropes, Slater crawls to the rope and tags in Baron. Baron runs toward Undertaker to hopefully catch him off balance but instead is scooped up and is dropped face first on the turnbuckle. Undertaker does his usual running big boot, which sends Baron to the outside. Slater then comes from behind the Undertaker but is dumped to outside where Baron catches him.

Undertaker then bounces on the ropes for momentum and looks as if he is going to perform another suicide dive, but Baron runs/slides in the ring and catches Taker with the end of days. Baron pins…2 count kickout. Undertaker is then slowly rising to his feet as Baron stands over him. Screaming and taunting the dead man. He grabs the Undertaker by the hair and lifts him up only to have Taker scoop up Baron into a tombstone piledriver. It’s a two count, and Baron, as quickly as he can rolls out of the ring. Slater then gets tagged in.

He whips taker in the turnbuckle and attempts to splash him but Taker catches him. When Taker attempts to slam Slater but holds on to the turnbuckle padding until it rips off exposing the steel. Undertaker then charges into the turnbuckle across the ring and crushes Slater. As Taker begins his corner strike, Slater reverses, duck under and begins his own strikes on the dead man. This is where Slater will actually gain some momentum as he will use successful offense on Undertaker. He whips Undertaker into the ropes and hit him with a spinning heel kick and continues on using Arial moves including his Flying sleeper slam. Undertaker eventually has enough of it and goes for a choke slam and as Slater goes in the air, he reverses the choke slam into a PayDirt (a move from his Nexus days). He goes for a pin.

1..

2..

As the ref bring his down for a 3 Baron pulls Slater off and give Slater an End of Days. He screams at Slater about knowing his place, the dead man is mine. He then throws Slater outside the ring, and waits patiently at his respective corner, waiting for the 10 count from the ref to eliminate Slater. Once the ten count is up Baron enters the and goes for a pin, but Undertaker pulls Baron in for the Hell’s Gates. Undertaker had played possum to lure Baron in. However, Baron is able to reach the ropes. The two then reach their feet are face to face. Cue the “this is awesome chants.” The two then wrestle for another 5-8 minutes, with plenty of close calls and finisher reversals.  Baron kicks out of a tombstone and a choke slam. Undertaker then whips Baron into the corner with the exposed steel and charges him to do a corner splash.  Baron however steps forward and catches under taker and lands a corner version of End of Days where Undertaker’s face smashes into the exposed steel.  Baron immediately takes the dead man down to a pin but its only a two count.

Frustrated Baron scoots himself to a corner post.  He just stares at the prone dead man. He scream just stay down, you’re done. Accept it.” Undertaker attempts his signature sit up but he isn’t able to do it, even after several attempts. Instead he crawls to the ropes, and uses the ropes to get to his feet. Shaking his head and laughing at undertaker’s frailty, Baron stands to his soon afterward. The Undertaker pauses as he reaches his feet and looks at himself. He is broken and bruised; head is bleeding from the turnbuckle. His body simply can’t go on much longer, and he accepting it. The audience cheers his name, as his eyes glaze over the arena and he…smiles.  The camera zooms in on his now Mark Callaway’s face, and says thank you! He turns to Baron, and marches straight toward him. Baron aggressively props The Undertaker into the End of Days position but instead, has the undertaker in a tombstone position. He cries out “Rest in Peace ” and drops The undertaker on his head and pins him.

1,2,3.

Baron leaves the ring celebrating as The Undertaker slowly rises to his feet. He looks around the arena and repeating “thank you.” One last PPV Undertaker pose and the show ends with a gong.

That’s how I would book his final match. Was it terrible or a success? Personally I think it is a success, it’s a match with huge impact on a major storyline, its packed with emotion and close finishes, and possibly open up several story lines.  Then and finally then, The Undertaker can rest in peace.