Massiah v. United States Supreme Court Case, Arguments, Impact

In Massiah v. United States (1964), the U.S. Supreme Court held that the Sixth Amendment of the U.S. Constitution prevents police officers from deliberately eliciting incriminating statements from a suspect after that suspect has invoked the right to counsel. Fast Facts: Massiah v. United States Case Argued: March 3, 1964Decision Issued: May 18, 1964Petitioner: Winston MassiahRespondent: United StatesKey Questions:  Can a federal agent intentionally question a suspect after that suspect has been indicted and invoked their Sixth Amendment right to an attorney?Majority: Justices Warren, Black, Douglas, Brennan, Stewart, GoldbergDissenting: Justices Clark, Harlan, WhiteRuling: Government agents cannot attempt to gather incriminating statements from a suspect if that suspect has invoked the right to counsel, regardless of whether proceedings have begun. Such an action would deprive the suspect of their Sixth Amendment rights. Facts of the Case In 1958, Winston Massiah was indicted for possession of narcotics aboard a U.S. vessel. He had attempted to traffic drugs from South America to the United States. Massiah retained a lawyer and was released on bail. Another member of the ship’s crew named Colson had also been indicted but on conspiracy charges. He was released on bail as well. Colson decided to cooperate with federal agents. He allowed an agent to install a listening device in his car. In November 1959, Colson picked up Massiah and parked the car on a random New York street. The two had a lengthy discussion in which Massiah offered several incriminating statements. A federal agent listened to their conversation and later testified at trial to what Massiah had said in the car. Massiah’s attorney objected, but the jury was permitted to hear the federal agents explanation of the conversation. Constitutional Issues Massiah’s attorney alleged that government agents had violated three areas of the U.S. Constitution: The Fourth Amendment prohibition on illegal searches and seizuresThe Fifth Amendment due process clauseThe Sixth Amendment right to an attorney If using a listening device violates the Fourth Amendment, should government agents have been allowed to testify to what they overheard at trial? Did the federal agents violate Massiah’s Fifth and Sixth Amendment rights by intentionally eliciting statements from him while he was not able to get advice from an attorney? Arguments Attorneys on behalf of Massiah argued that the use of a radio device to transmit the car conversation counted as a â€Å"search† under the Fourth Amendment’s definition of illegal searches and seizures. When officers listened to the conversation they â€Å"seized† evidence from Massiah without a warrant. The attorney argued that evidence gathered without a valid search warrant and without probable cause, otherwise known as â€Å"fruit of the poisonous tree†, could not be used in court. The attorney also stated that federal agents deprived Massiah of his Sixth Amendment right to counsel and his Fifth Amendment right to due process of law because no attorney was present during his conversation with Colson. The solicitor general, on behalf of the government, argued that the federal agents had a duty to track down leads. In this specific instance, they were justified in using Colson to surveil and gain information from Massiah. The stakes were too high, the solicitor general argued, especially considering the fact that officers were trying to uncover the identity of a buyer for a large amount of narcotics. Majority Opinion Justice Potter Stewart delivered the 6-3 decision. The Court declined to reflect on the Fourth Amendment claim, focusing on the Fifth and Sixth Amendment claims instead. Justice Stewart wrote that Massiah had been denied Sixth Amendment protections when officers used Colson to get Massiah to admit to wrongdoing. The majority found that the right to an attorney applies inside and outside police stations. An attorney should have been present if agents planned to interrogate Massiah, regardless how they interrogated him and where, Justice Stewart wrote. Justice Stewart added that, the defendants own incriminating statements, obtained by federal agents under the circumstances here disclosed, could not constitutionally be used by the prosecution as evidence against him at his trial. Justice Stewart noted that the majority was not questioning the use of police tactics to obtain evidence against a serious offender. It was entirely proper to continue investigations and interrogations post-indictment. However, those interrogations must not violate the suspects right to due process of law. Dissenting Opinion Justice Byron White dissented, joined by Justice Tom C. Clark and Justice John Marshall Harlan.  Justice White argued the decision in Massiah v. United States was a thinly disguised way of prohibiting voluntary out-of-court admissions and confessions. Justice White suggested that the ruling might impede trial courts in their quest for truth. Justice White wrote: Carried as far as blind logic may compel some to go, the notion that statements from the mouth of the defendant should not be used in evidence would have a severe and unfortunate impact upon the great bulk of criminal cases. Justice White added that the absence of an attorney during admission of guilt should only be one factor in determining whether or not the admission was voluntary. Impact In Massiah v. United States, the Supreme Court found that the Sixth Amendment right to counsel attaches even after proceedings have begun. Supreme Court cases following Massiah aimed to clearly define what constitutes an active interrogation and investigation. Under Kuhlmann v. Wilson, for example, government agents can listen in on a conversation between an informant and a suspect if they have not directed the informant to question the suspect in any way. The overall significance of Massiah v. United States has held up over time: someone has the right to an attorney even during an investigation. Sources Massiah v. United States, 377 U.S. 201 (1964).Kuhlmann v. Wilson, 477 U.S. 436 (1986).Howe, Michael J. â€Å"Tomorrows Massiah: Towards a ‘Prosecution Specific’ Understanding of the Sixth Amendment Right to Counsel.† Columbia Law Review, vol. 104, no. 1, 2004, pp. 134–160. JSTOR, www.jstor.org/stable/4099350.

The Character Of Elizabeth By Mary Shelley - 1494 Words

Additionally, the character of Elizabeth, originally cited as a blood cousin to Victor but in the 1831 revision was downgraded to an orphan as to dispel the notion of incest, which was more acceptable in the Romantic Age than in the Victorian Era, possesses all the classical signs of a faultless, beautiful, and largely ignored love interest to Victor Frankenstein’s charming and thirsty for knowledge male persona. Elizabeth’s true purpose of the novel, other than to be sacrificed so Victor will finally face his monster once and for all, is seen as a possession by Victor even from a young age (p. 21) which was a common viewpoint, of women throughout the Romantic and even the Victorian ages of literature. To view Elizabeth in such a manner†¦show more content†¦However, the silhouette of the stereotypical female form remains the same in both works: it is a woman who serves as a point plot for a man and is taken at only her aesthetic value. As Shelley focuses her moments of critique of gender in terms of social equality from the male perspective, Oscar Wilde offers more of an overarching critique of the female and their ‘proper’ place in the society. It could be said that Wilde intentionally made the main characters in his play caricatures of the female form in order to draw attention to the social order within the Victorian age. By giving no particular time frame other than â€Å"the present† (p. 6), we must look to the time in which Wilde wrote and published the play, in 1895 during the Victorian age of literature, in order to gain perspective into the realm of the female and their roles in society at the time. The Importance of Being Earnest, while it focuses around male characters like John and Algernon, the true critique of gender comes through with the female characters of Cecily, Gwendolen, and even Lady Bracknell and their purpose in relationship to the male characters. While the Victorian Age of literature is not heralded for its equal treatment of male and female characters, it does mark and interesting shift between the ideas of the role ofShow MoreRelatedOf The Pernicious Effects By Mary Shelley1290 Words   |  6 PagesThe novel â€Å"Frankenstein† by Mary Shelley, and the article â€Å"Of the Pernicious Effects† by Mary Wollstonecraft, both have relations when regarding the importance of feminism during their time periods. Throughout Shelley’s novel feminism is addressed because she uses female characters to further her plot and display her viewpoints. 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Use Of The Nursing Informatics Samples †MyAssignmenthelp.com

Question: Discuss about the Use Of The Nursing Informatics. Answer: Introduction Patient centered care is an important aspect ofnursing and high quality care. The use of thenursing informatics and the online social media helps to facilitate the person centered care. The key features of the both the systems are discussed in the essay. Further, the quality of both the systems innursing practice to deliver the person centered care is evaluated. The evaluation is based on elements of dissemination of information, efficiency, ethical issues, potential related to the management of patients, confidentiality and privacy. The opportunities of these system in promoting innovation innursing or establishing the therapeutic relationship with patients is discussed. The analysis also includes the relevant policies at the regulatory level and the service level. Person centred care Patients should get right care at right time. This is possible if they receive the right information, by right providers. Information technology is useful to give right information to the patients and it is the heart of the patient centred care. Person centered care is the type of care given to the patients that adds value and meaning. Person centered care is the nursing principle of treating each patient equally, individually, by establishing therapeutic relationship with them. Therapeutic relationship between the caregiver and the user is based on mutual trust and understanding (Entwistle Watt 2013, p. 30). Respecting the clients cultural values, needs, and preferences is the first principle of the patient centered care. It helps in decision-making as the client feels that his/her dignity, autonomy and respect are maintained. The second principle of the person-centered care is the care coordination and integration. The feelings of vulnerability and powerlessness can be eliminated by coordination of clinical care, frontline patient care, and the ancillary support. The third principle is the promotion of health by providing the right information and education to the patients. The fourth principle is the provision of emotional support and enhancing the physical comfort to decrease anxiety and fear in patients. The fifth principle is family involvement for shared decision-making and the last principle is to help the patients self-caring capability after discharge. It also includes supporting the patients to have continuous, social, financial, physical, and clinical support (Eaton Roberts T urner 2015). Health informatics Health care information, with the use of technology can be acquired and stored. It is called informatics. Nurses use informatics to provide information to the clinicians. The clinicians can use this data and integrate the information to deliver patient centered care (Snyder et al. 2011). Nurses use electrical health record system or EHR to manage complicated health data of the patient. ePAS which stands for electronic Patient Administration System is the foundational module of the EHR and it provides free and open source software. Informatics allows to have the participatory care record that improves the patient centred care (Snyder et al. 2011). In this paper the main focus will be on EPAS EPAS- Enterprise Patient Administration System In South Australia, the EPAS patient record system is widely used. It is the new electronic health record system that allows to have all the patients health record in one place. The health care providers use the patients data recorded electronically. It is no more exist in hard copy format. This electronic record comprises of both clinical details (diagnosis, treatment plan, list of medications, scans and others) and the administrative details (name, address, date of birth, appointment lists etc). With this system, the clinical staff will have all the information at fingertips. They can review these records anytime and decide about the required tests and medications electronically at the bedside of the patient. It indicates the effective care, with more face-to-face time with the patient (Sahealth.sa.gov.au 2017). The various advantages of EPAS is discussed in the subsequent sections. The advantage of EPAS is the sharing of the clinical information to the multiple providers. It assists the nurses to collaborate with the multidisciplinary team members at a time as more than one member can access the information in a given time. This process aids in quick decision-making, as there is no delay in the data retrieval and transfer between patient and the health providers. Thus, this tool acts as a bridge between the patients and the nurses and eliminates the communication gap. However, without the use of appropriate technologies, it is difficult to make use of the potential of EPAS (Hanna 2017, p. 495). This novel approach provides dynamic display system. It prevents the hassle related to patients information being buried in hundreds of pages. Instead, at the point of care, it meticulously displays the vast history of the patient, along with the patterns of responses, and other essential aspects of their lives. The medical records in the static history are lost and movi ng these records from here allows to personalise the care. It is also advantageous to use when the patients speech is impaired (Sewell Thede 2013). Several researchers studied the effectiveness of delivering the person centered care in the nursing by the use of informatics. As per the assessment report by McGonigle, the patient safety is increasing and improving by the use of nursing informatics, particularly the EHR and EPAS system. Nursing informatics helps in collecting evidence related to patients health issue and design appropriate intervention. Patient can complain on allergies due to medication or any complication in EPAS system. Thus, it is leading to evidence based practice. It can be concluded that the nursing informatics is significantly influencing the clinical practice. It is advantageous as it decreases the time invested by the nurses in the indirect care. These reports showed an improvement in the nursing diagnosis and the identification of the treatment symptoms. Further, an overall improvement was noticed in treating the psychosocial problems using EPAS. It pertains to quick data capture and its integration in t he point of care. EPAS also improved the person-centered care in oncology nursing care (McGonigle 2014, p. 324). The major challenges with EPAS involve compromising the security of the patients health information. As per the evaluation of the nursing informatics particularly the EPAS system by Demiris Kneale (2015, p. 15), there are several drawbacks to the system. Patients are worried to lose their privacy and confidentiality of information. Breach of privacy may involve several ethico-legal consequences. Other factors that are undermining the potential of the nursing informatics are lack of feasibility, social inequality and health literacy of patients. Nurses are also facing challenges due to vast array of information from which they have to find the high quality information for application at point of care. In some cases, the nurses were found to fail to integrate the clinical data of the patients. It was due to the lack of computer skills and sufficient knowledge on the information technology. Further, in EPAS system there is lack of appropriate list of drugs used in South Australia, as i t is American based software. It prevented them to promote or access health websites. The nurses failed to consider the integrity of the patients data, accessibility and accountability for errors. On the other hand, the use of technology has also improved the nursing productivity as it created, positive attitude and reduced medication errors (Snyder et al. 2011, p. 211). It is recommended by the AMIA to initiate the training and education programs for nurses on use of informatics (AMIA 2013). The nurses should learn to use innovative and analytic techniques for scientific inquiry and the way to interpret the information flow. Nurses should comply with the National informatics standards for nurses and midwives. The Australian Nursing and Midwifery Federation (ANMF) developed these standards. These standards emphasise on the information literacy, management and computer skills for all nurses and midwifes (Eaton et al. 2015). Online social media Social media adds new dimensions to nursing practices by acting as a tool for networked care. This online social media comes in various forms say websites, Facebook, Twitter, online blogs. With the advent of smartphones, it is easy to connect with people from distant places just in one click. This platform helps the nurses to give update to the clinicians, physicians, medical students and other nurses about the patients health status. In this system, both the patients and the providers use the digital social networks (Hao Gao 2017, p. 2). The advantage of this online social media platform in nursing practice is to reach out to the patients living in remote areas. Writing the health promotional blogs can better help the patients to engage in health behaviours. It is useful to motivate the patients through blogs to undertake the behavioural change. Websites like WebMed and Mayoclinic discuss the pathophysiology of disease in a lucid language avoiding too many jargons. Similarly, Twitt er is other tool for nurses and is the easiest way to connect with people during crisis, health safety alert or drug recall information (Bornkessel, Furberg Lefebvre, 2014, p. 504). In this section, the focus will be on the use of the Facebook pages, by nurses to promote patient centered health. Facebook page Facebook pages such HER 2 positive Breast cancer patient/family survivors group, I have Cancer leukemia, helps patients to share their health status and access relevant treatment or care support. These groups on specific illness create awareness (Hao Gao 2017). The use of Facebook pages such as I have Cancer leukemia have several advantages. Nurses can directly connect with patients to access their medical information and communicate with the family members as well. This tool not only aids in socialising for the nurses but also personalise the care (Moorhead et al. 2013). This Facebook page helps the nurses to have a debate on particular health issues to gain broad perspective with engagement of large number of people at a time. It is useful to promote the primary health care and exchange ideas on treatment options for people from diverse communities keeping in mind their health perspectives. It is useful to create alert on specific diet plan for particular cancer or inform about precautions to be taken or alert on disease outbreak. Nurse can answer emergency questions of patients. The delivery of the health care is enhanced by use of Facebook. As everyone, these days use Smartphone and Facebook awareness can be created rapidly (Shepherd et al. 2015, p. 29). The ability of the Facebook pages and the other social media platforms to deliver the person centered care was assessed. Grajales (2014, p. 20) received feedback from patients who shared their health information over the Facebook. The data collected from the unstructured interview showed that Facebook pages on cancer awareness pages improved the health outcomes of the patients. It facilitated the active involvement of the patients due to facility to upload videos, post images, leave private or public messages. Social network improves two-way communication between nurses and the patients. Thus, nurses can better empathise with patients. It has proved to be advantageous for the cardiac patients. Cashin (2014, p. 550) argued that there is lack of strong supporting evidence that there are no ethical issues involved in use of social media by nurses. The challenges related to privacy and confidentiality of information remains. The ability of Facebook users to create fictitious profile can lead to skewing of data. Third party applications is the other drawback as they interfere with the other facebook users, having high chance to leak essential medical information (Casella, Mills Usher, 2014, pp. 122). Further, the nurses fail to understand the synergy between the evidence based practice and social media. There are incidents of self-aggregated negative-behaviour promoted by online social media (Cashin 2014, p. 550). For example, the cancer patients group in Facebook fail to serve as a model for patient-to-patient support. Sometimes the only purpose is to raise funds and create awareness. There is also a high risk for the nurse professionals to cross the professionals boundaries. This may include engagement with the client in intimate relationships or for monetary benefits and others include business transactions. Such private conversations cannot be evaluated, unless the patients expose the content. The Nursing and Midwifery Board of Australia (NMBA) has formulated the social media policy to which the nurses must adhere strictly (Nursing Federation 2015). Conclusion In conclusion, the information is the basis of all the managerial activities in the industry of nursing care. The ultimate product of the nursing care is the patient satisfaction. There are multiple benefits of the use of nursing informatics and the online social media used for delivering high quality care. It gives opportunity to the nurses to better collect the evidence. Consequently, it promotes the person centered care. The major benefit of both the system altogether include quick access of patients records, delivery of care on time, smooth sharing of information to the stakeholders and fast decision-making. However, the disadvantages to the both system includes privacy and confidently issues related to low data security. Overall, both the system are effective in promoting the person centred care. In order to avoid challenges pertaining to informatics and social media, the ANMF and NMBA policies should be used by the nurse. References AMIA, 2013, Patient-centered care, collaboration, communication and coordination, Retrieved from: https://www.amia.org/sites/amia.org/files/2013-AMIA-Policy-Meeting-Briefing-Document.pdf. Bornkessel, A, Furberg, R Lefebvre, RC, 2014. Social media: opportunities for quality improvement and lessons for providersa networked model for patient-centered care through digital engagement,Current cardiology reports,vol. 16, no. 7, pp.504. Casella, E, Mills, J, Usher, K, 2014, Social media and nursing practice: changing the balance between the social and technical aspects of work,Collegian,vol. 21, no. 2, pp.121-126. Cashin, A, 2014, Collaborative arrangements for Australian nurse practitioners: a policy analysis.Journal of the American Association of Nurse Practitioners,vol. 26, no. 10, pp.550-554. Demiris, G Kneale, L, 2015, Informatics systems and tools to facilitate patient-centered care coordination,Yearbook of medical informatics,vol.10, no.1, pp. 15. Eaton, S, Roberts, S Turner, B, 2015, Delivering person centred care in long term conditions,Bmj,350, p.h. 181. Entwistle, VA Watt, IS, 2013, Treating patients as persons: a capabilities approach to support delivery of person-centered care,The American Journal of Bioethics,vol. 13, no. 8, pp. 29-39. Grajales III, FJ, Sheps, S, Ho, K, Novak-Lauscher, H Eysenbach, G, 2014. Social media: a review and tutorial of applications in medicine and health care.Journal of medical Internet research,vol. 16, no. 2. Hanna, MG, Pantanowitz, L, 2017, The role of informatics in patient?centered care and personalized medicine.Cancer Cytopathology,vol. 125, no. 6, pp. 494-501. Hao, J, Gao, B, 2017, Advantages and Disadvantages for Nurses of Using Social Media, pp. 2. Masters, K, 2015,Role development in professional nursing practice, Jones Bartlett Publishers. McGonigle, D, Hunter, K, Sipes, C, Hebda, T, 2014, Why nurses need to understand nursing informatics,Association of Operating Room Nurses. AORN Journal,vol.100, no.3, pp. 324. Moorhead, SA., Hazlett, DE, Harrison, L, Carroll, J.K., Irwin, A Hoving, C, 2013, A new dimension of health care: systematic review of the uses, benefits, and limitations of social media for health communicationJournal of medical Internet research,vol.15, no. 4. Nursing, A, Federation, M, 2015, National informatics standards for nurses and midwives,Australian Nursing and Midwifery Federation, Federal Office. Sahealth.sa.gov.au (2017).SA Health's electronic health record :: SA Health. [online] Sahealth.sa.gov.au. Available at: https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/health+reform/ehealth/sa+healths+electronic+health+record [Accessed 13 Sep. 2017]. Sewell, JP, Thede, LQ, 2013,Informatics and nursing, Wolters Kluwer Health/Lippincott Williams Wilkins. Shepherd, A, Sanders, C, Doyle, M. Shaw, J, 2015, Using social media for support and feedback by mental health service users: thematic analysis of a twitter conversation,BMC psychiatry,vol. 15, no. 1, pp. 29. Snyder, C.F, Wu, A.W, Miller, RS, Jensen, RE, Bantug, ET, Wolff, AC, 2011, The role of informatics in promoting patient-centered care.Cancer journal (Sudbury, Mass.),vol. 17, no. 4, pp. 211.