Sep 4, 2017

Miranda warning or Miranda rights

«You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights as I have read them to you? »

Miranda Warning rights
     The Miranda warning or Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
     The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.
     In Miranda v. Arizona (1966), the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law. Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against him or her in a criminal trial.
Miranda Rights Must Be Read when Suspect Is In Custody
     The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of a mentally handicapped young woman (Miranda was subsequently retried and convicted, based primarily on his estranged ex-partner, who had been tracked down by the original arresting officer via Ernesto's own parents, suddenly claiming that Ernesto had confessed to her when she had visited him in jail; Ernesto's lawyer later confessed that he 'goofed' the trial).
     The circumstances triggering the Miranda safeguards, i.e. Miranda rights, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:
Miranda Warning     The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
     Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:
·            You have the right to remain silent and refuse to answer questions.
·            Anything you say may be used against you in a court of law.
·            You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
·            If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
·            If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
·            Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Ernesto Miranda
     The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he/she understands their rights.
     Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney before being questioned by police. This warning is known as a Miranda warning. 
     After the Supreme Court decision set aside Miranda's initial conviction, the state of Arizona retried him. At the second trial, with his confession excluded from evidence, he was again convicted.

Aug 6, 2017

Usa - Oath of office for the President

     In the United States, the oath of office for the President is specified in the Constitution (Article II, Section 1). 
     With the right hand up and the left on the open Holy Bible:

     “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

oath of office Bill Clinton
     An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such oaths are often required by the laws of the state, religious body, or other organization before the person may actually exercise the powers of the office or any religious body. It may be administered at an inauguration, coronation, enthronement, or other ceremony connected with the taking up of office itself, or it may be administered privately. In some cases it may be administered privately and then repeated during a public ceremony.
     Some oaths of office are a statement of loyalty to a constitution or other legal text or to a person or other office-holder (an oath to support the constitution of the state, or of loyalty to the king). Under the laws of a state it may be considered treason or a high crime to betray a sworn oath of office.
oath of office George W. Bush
     The word 'oath' and the phrase 'I swear' refer to a solemn vow. For those who choose not to, the alternative terms 'solemn promise' and 'I promise' are sometimes used.

History of the Oath
     While the oath-taking dates back to the First Congress in 1789, the current oath is a product of the 1860s, drafted by Civil War-era members of Congress intent on ensnaring traitors.
oath of office Barack Obama
     The Judiciary Act of 1789 established an additional oath taken by federal judges:

     I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. [So help me God.]

     The outbreak of the Civil War quickly transformed the routine act of oath-taking into one of enormous significance.
     In April 1861, a time of uncertain and shifting loyalties, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. When Congress convened for a brief emergency session in July, members echoed the president’s action by enacting legislation requiring employees to take the expanded oath in support of the Union. This oath is the earliest direct predecessor of the modern version of the oath.
     When Congress returned for its regular session in December 1861, members who believed that the Union had as much to fear from northern traitors as southern soldiers again revised the oath, adding a new first section known as the “Ironclad Test Oath.” The war-inspired Test Oath, signed into law on July 2, 1862, required “every person elected or appointed to any office ... under the Government of the United States ... excepting the President of the United States” to swear or affirm that they had never previously engaged in criminal or disloyal conduct.
Oath of office Donald Trump
     Those government employees who failed to take the 1862 Test Oath would not receive a salary; those who swore falsely would be prosecuted for perjury and forever denied federal employment.
     The 1862 oath’s second section incorporated a different rendering of the hastily drafted 1861 oath. Although Congress did not extend coverage of the Ironclad Test Oath to its own members, many took it voluntarily. Angered by those who refused this symbolic act during a wartime crisis, and determined to prevent the eventual return of prewar southern leaders to positions of power in the national government, congressional hard-liners eventually succeeded by 1864 in making the Test Oath mandatory for all members.
     The Senate then revised its rules to require that members not only take the Test Oath orally, but also that they “subscribe” to it by signing a printed copy. This condition reflected a wartime practice in which military and civilian authorities required anyone wishing to do business with the federal government to sign a copy of the Test Oath.
     The current practice of newly sworn senators signing individual pages in an oath book dates from this period. 
     As tensions cooled during the decade following the Civil War, Congress enacted private legislation permitting particular former Confederates to take only the second section of the 1862 oath. An 1868 public law prescribed this alternative oath for “any person who has participated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of Congress.” Northerners immediately pointed to the new law’s unfair double standard that required loyal Unionists to take the Test Oath’s harsh first section while permitting ex-Confederates to ignore it. In 1884, a new generation of lawmakers quietly repealed the first section of the Test Oath, leaving intact the current affirmation of constitutional allegiance.

Aug 3, 2017

Usa - Oath of Allegiance - Naturalization ceremony

oath of allegiance
usa flag tie











     United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens (Citizenship ceremony).

I hereby declare on oath,
that I absolutely and entirely renounce and abjure
all allegiance and fidelity
to any foreign prince, potentate, state, or sovereignty
of whom or which I have heretofore been a subject or citizen;
that I will support and defend the Constitution and laws
of the United States of America
against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same;
that I will bear arms on behalf of the United States when required by the law;
that I will perform noncombatant service in the Armed Forces of the United States when required by the law;
that I will perform work of national importance under civilian direction when required by the law;
and that I take this obligation freely without any mental reservation or purpose of evasion;
so help me God.

     The principles embodied in the Oath are codified in Section 337(a) in the Immigration and Nationality Act (INA), which provides that all applicants shall take an oath that incorporates the substance of the following:
usa bow tie america
     - Support the Constitution;
     - Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
     - Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;
     - Bear true faith and allegiance to the same; and
     - A. Bear arms on behalf of the United States when required by the law; or
       B. Perform noncombatant service in the Armed Forces of the United States when required by the law; or
       C. Perform work of national importance under civilian direction when required by the law.

usa pride
     The Oath of Allegiance for prospective citizens originated with the Naturalization Act of 1790, which required applicants to take an oath or affirmation "to support the constitution of the United States", but did not provide a text. The Naturalization Act of 1795 added renunciation of the new citizen's former sovereign to the oath. The Naturalization Act of 1906 added the section of the oath requiring new citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.
     The Oath acquired a standard text in 1929. Prior to then, spoken oaths were adapted from naturalization law, and each court could develop its own procedures for administering the oath.

     The Internal Security Act of 1950 added the text about bearing arms and performing noncombatant service in the armed forces of the United States. The section about performing work of national importance under civilian direction was added by the Immigration and Nationality Act of 1952.
usa bow tie with strassamerican star

Jul 31, 2017

Insects and animals. The top new species of 2016

     Humans have made their way to the moon, landed rovers on Mars and sent spacecraft to the outer reaches of the solar system. But the Earth remains a little-known planet. That becomes clear when naturalists look for creatures closer to home and find unknown gems. Here are our favorite new species of 2016.
     UNKNOWN TUMBLER
     Tumbleweeds are synonymous with the American West. At some point, two of them interbred to form a new species, Salsola ryanii, which is about 5 feet in height and nearly as wide. Usually, such hybrids are sterile, but in this case, the plant underwent an unusual genetic event that led to a duplication of its entire genome. That allowed it to reproduce and also made it incompatible with either of its parents. It has been found at 15 sites throughout California. "It's extremely rare to catch a new species in the act of appearing and expanding," says Norm Ellstrand, a professor of genetics at the University of California, Riverside, "and very exciting."
Illacme Tobini     HOW MANY PENISES?
     When biologist Jean Krejca unearthed an extremely leggy millipede in a remote cave in California's Sequoia National Park, she knew it was special, so she sent it to the millipede experts Bill Shear and Paul Marek. They determined it was a new species and gave it the name Illacme Tobini. With 414 legs, it's one of Earth's leggiest creatures. It is closely related to Illacme plenipes, which lives about 150 miles away and has 750 legs—the most of any animal. The millipede also has four gonopods, the millipede equivalents of penises, and boasts zoo poison glands.

     A VEGETARIAN PIRANHA
Myloplus Zorror

     Piranhas are famous for their fearsome teeth and ability to quickly devour flesh. But not all creatures in this biological family are so brashly carnivorous. Researchers from Brazil's Federal University of Para have discovered a new species of piranha-like fish with chompers specialized for grinding seeds and other vegetable debris that falls into the tributaries of the western Amazon, where it lives. It grows to a length of i8 inches and has reddish coloration, with yellow on its fins and belly, and it is sought after by fishermen for its meat. The biologists named it Myloplus Zorroi, after the fictional character Zorro, a hero in Latin America.

Whip Scorpions
     WHIP SCORPIONS
     Whip spiders, also known as tailless Whip Scorpions, display more variety than scientists knew. Brazilian researchers uncovered eight new species of these animals in the Amazon rain forest of northern Brazil. They aren't true spiders—they lack silk and venom glands—but they do possess fearsome-looking appendages called pedipalps that look like arms with claws and are used to grab prey. These spiny freaks hang out in caves or leaf litter. To tell the species apart, researchers Gustavo Miranda and Alessandro Giupponi counted the hairs on their pedipalps.

     THE LEAF THAT WASN'T
Poltys

     When is a leaf not a leaf? When it's a spider. Max Kuntner, an arachnologist at the Research Center of the Slovenian Academy of Science and Arts, and colleagues discovered the creature on a night-time walk through a rain forest in southern China. They placed it in the genus Poltys with orb-weaving spiders that live in China and produce distinctive circular webs. It's the first arachnid known to mimic foliage, a survival strategy that helps it avoid predation by wasps and other insects.

Chilabothrus Argentumr
     SNAKE IN THE SUN
     The Bahamas are hardly an unexplored place. It came as quite a shock, then, to herpetologist Graham Reynolds when he found a handsome, undescribed silver serpent on a small uninhabited Bahaman island. Reynolds, who works at the University of North Carolina-Asheville, called it the Conception Bank silver boa (Chilabothrus Argentum), and it's already listed as critically endangered: Reynolds and his colleagues found only 33 of them on the island.

     GLOWFISH
Monacoa Griseus

     These fish don't need a light—they carry their own, thanks. In August, scientists reported that they had found two new species of deep sea fish with this unusual arrangement. They have light-producing bacteria in a pouch within their gut that makes them appear to glow. They can change the size of this pouch, contracting it to hide the light and expanding it to reveal the light, which then passes through transparent scales on their underside. The scientists dubbed these new species the gray mirrorbelly and black mirrorbelly—Monacoa Griseus and Monacoa niger.
     PARASITE IN PURPLE
     While most plants rely on the sun for energy and food, some pursue an alternative stratagem: thievery. Japanese scientists have found a bizarre new plant they call Sciaphila yakushimensis (after Yakushima, the lush Japanese island where it was found). This species, like its relatives, makes its way aboveground only when it flowers—in this case with a purple blossom. It gets its sustenance by stealing nutrients from the roots and root-bound fungi of other plants.
     JOHNNY'S FAVORITE CRAWLER
     How many kinds of tarantulas exist in the United States? Until evolutionary biologist Chris Hamilton investigated, nobody knew. He and his colleagues spent nearly a decade looking for tarantulas and sorting through contradictory past studies. The team turned up 14 new tarantula species, mostly in the Southwest. An all-black species found near California's Folsom Prison—where Johnny Cash, the Man in Black, recorded a live album—was dubbed Aphonopelma johnnycashi.
Peacock Spider
     TEENY-TINY PEACOCKS
     Australian biologist Jurgen Otto has spent the past decade cataloguing Peacock Spiders, the males of which engage in adorably strange jigs to woo females, extending their furry legs and flashy abdomens. He's discovered dozens of new varieties, and in May, he co-authored a paper in the journal Peckhamia identifying seven more. The spiders range in length from 0.1 to 0.2 inches, and they are often brightly and brilliantly colored. 

     Source: Newsweek, 6.01.2017 – 13.01.2017, by Douglas Main, pp. 52–53.  

Jul 28, 2017

Old MacDonald had a farm

Old macdonald had a farm
     “Old MacDonald Had a Farm” is a children’s song and nursery rhyme about a farmer named MacDonald (or McDonald, Macdonald) and the various animals he keeps on his farm. Each verse of the song changes the name of the animal and its respective noise. In many versions, the song is cumulative, with the animal sounds from all the earlier verses added to each subsequent verse. It has a Roud Folk Song Index number of 745. For example, the verse uses a cow as an animal and “moo” as the animal’s sound.
     It has been translated in many languages.

Old MacDonald had a farm
E-I-E-I-O
And on his farm he had a cow
E-I-E-I-O
With a moo-moo here
And a moo-moo there
Here a moo, there a moo
Everywhere a moo-moo
Old MacDonald had a farm 
E-I-E-I-O
Old macdonald had a farm

Jul 22, 2017

Being Erica Soundtrack All I Ever Wanted To Be - Lily Frost

being erica cbc
It's clearer inside of me
Who I will always be
Here at the core of my heart
Mystics & cynics & crystals & memories
Beginning to line up the stars
Shining the light in the night
     [Shining the light in the night]
Raising the veil from my eye
     [Raising the veil from my eye]
Waking me up to the light in our life
Cause of my strength
Some of my dreams
being erica loving san francisco& everything I ever wanted to be...
Here I am this is me where I’ll be
In the dark
[&] in the light
[&] in the wrong in the right...

being erica dr tomKarma is energy
Give me my destiny
Everything happens for a reason
Every choice that I make
Changes the course I take
Won't be afraid when I make mistakes
Open my arms & give in
     [Open my arms & give in]
Do it all over again
     [Do it all over again]
Do it all over
Again & again,
To get to the end
Of who I am now.
I'm gonna find the answers &
Yes I know how
I know I can win
Some of my dream
& everything I ever wanted
& everything I ever wanted
To be

Here I am
This is me
Who am I? 

Wait & see...
being erica soundtrack
being erica erin karpluk