Two female friends were chatting during a social visit. One had better communication skills than other. (Don't become too excited by that statement.) Both were focused on talking about their own lives, though Female "C" did initiate the visit's vocal exchange by asking about Female "F"s life. Female "F" interrupted almost half of the times that female "C" was speaking; female "C" interrupted only a handful of times, usually to ask a relevant question. Female "F" changed topics unexpectedly, usually by interrupting, without any relation to the current topic.
* Letter codes are not name-based, but grading-based. :)
Distribution might be similar to a Bell Curve, but IME there are many more self-focused female conversationalists than highly effective ones.
These types of female-female interactions are very common. So what about a female-male interaction? With societal norms changing, due to female dominated formative years and "mansplaining" & other degradating terms, there are a decreasing number of "A" and "B" (and even "C") ability males. Silence is safer and self-focused chatter is learned by example.
Controversial? Yes.
That doesn't change reality.
Wednesday, January 30, 2019
Saturday, November 18, 2017
No More Scrum
I liked the Scrum framework. Once I found The Scrum Guide and digested it, I saw the beauty of the design and intent. I've spent a lot of time and energy attempting to correct misconceptions and spread information of its benefits. However I continue to see traditional, command-and-control, top-down, hierarchical, micromanagement everywhere: blogs, comments, articles, conversations, etc.
The more I call out ignorance the more I see in replies and likes. Certified Scrum Masters (or ScrumMaster as they say) from Scrum Alliance were known issues. I see it also comes from industry "experts" such as Mike Cohn. Professional Scrum Trainers are also problematic.
I think I am done with this battle. The agile philosophy has had over 20 years to become the norm. People would rather remain in the comfort of repeating failure than actually learn a new way.
The more I call out ignorance the more I see in replies and likes. Certified Scrum Masters (or ScrumMaster as they say) from Scrum Alliance were known issues. I see it also comes from industry "experts" such as Mike Cohn. Professional Scrum Trainers are also problematic.
I think I am done with this battle. The agile philosophy has had over 20 years to become the norm. People would rather remain in the comfort of repeating failure than actually learn a new way.
Wednesday, November 8, 2017
Scrum Guide Revisions 2017
The Scrum Guide revisions November 2017
- Highlighting that the framework can be applied beyond software is a nice addition.
- The additional information and rewording for the Scrum Master role will be helpful to some.
- Daily Scrum changes are a great step in a positive direction. Promoting a conversation over the three question format (3QF) or walking the board has been a challenging sell to many.
- The need to further reiterate the definition of a time-box highlights one of many symptoms exemplifying that Scrum, for many, is not "Simple to understand" as advertised. :-)
- The requirement to have "at least one high priority process improvement identified in the previous Retrospective meeting" on the Sprint Backlog creates some issues as it does not align with the definition of the Sprint Backlog.
- It is not a Product Backlog Item (PBI).
- It is not a part of the plan for delivering the Increment and realizing the Sprint Goal.
- It is not a forecast of functionality.
- The Sprint Backlog belongs solely to the Development Team therefore so does this process improvement item.
- Changes are inspected and adapted during the Daily Scrum (for Development Team only).
- Development Team works through the plan.
- Only the Development Team can change its Sprint Backlog during a Sprint.
- It is a highly visible, real-time picture of the work that the Development Team plans to accomplish during the Sprint.
Saturday, October 7, 2017
Some Software Development History
There is a lot to the history of software development. Start with Managing the Development of Large Software Systems[1] (1970), the misunderstanding that led to the waterfall process and classic project management[2]. The term agile comes from the Manifesto for Agile Software Development[3] (2001) though the groundwork for that philosophy started in the 1990s (history[4])
including eXtreme Programming[5] and Scrum[6]. Scrum being based on[7] Toyota's manufacturing model where Kanban and its principles[8] began: The New New Product Development Game[9].
[1] https://www.cs.umd.edu/class/spring2003/cmsc838p/Process/waterfall.pdf
[2] https://www.pmi.org/about/learn-about-pmi/what-is-project-management
[3] http://agilemanifesto.org/
[4] http://agilemanifesto.org/history.html
[5] http://www.extremeprogramming.org/
[6] https://www.scrum.org/
[7] https://www.scruminc.com/takeuchi-and-nonaka-roots-of-scrum/
[8] https://en.wikipedia.org/wiki/Kanban#Toyota.27s_Six_Rules
[9] https://hbr.org/1986/01/the-new-new-product-development-game
including eXtreme Programming[5] and Scrum[6]. Scrum being based on[7] Toyota's manufacturing model where Kanban and its principles[8] began: The New New Product Development Game[9].
[1] https://www.cs.umd.edu/class/spring2003/cmsc838p/Process/waterfall.pdf
[2] https://www.pmi.org/about/learn-about-pmi/what-is-project-management
[3] http://agilemanifesto.org/
[4] http://agilemanifesto.org/history.html
[5] http://www.extremeprogramming.org/
[6] https://www.scrum.org/
[7] https://www.scruminc.com/takeuchi-and-nonaka-roots-of-scrum/
[8] https://en.wikipedia.org/wiki/Kanban#Toyota.27s_Six_Rules
[9] https://hbr.org/1986/01/the-new-new-product-development-game
Tuesday, May 16, 2017
Corporate Bureaucratic Agile
Glen B Alleman gives plenty of examples of the corporate bureaucratic idea of what agile is. There is nothing wrong with attempting to identify risks and putting measures in place to reduce risks. There is a problem with attempting to predict the future. There is nothing in his content which reflects the values and principles of the manifesto. Long term planning based on estimates of unknowns.
https://twitter.com/galleman/status/864330448477999105
https://twitter.com/galleman/status/864300464619180033
https://twitter.com/galleman/status/861233980686745600
For a guy with 3K+ followers . . . he doesn't receive a lot of interactivity . . . except when he is exemplifying his closed-mindedness with others.
https://twitter.com/galleman/status/864330448477999105
https://twitter.com/galleman/status/864300464619180033
https://twitter.com/galleman/status/861233980686745600
For a guy with 3K+ followers . . . he doesn't receive a lot of interactivity . . . except when he is exemplifying his closed-mindedness with others.
Partial Features of .NET Core in Visual Studio 2017
There are some great things coming in Visual Studio 2017 . . . someday. Some features have existed since 2013. Some only partially. With .NET Core being the future, these features need to be completed, especially since much of it mimics a nodeJS-esque process.
Live testing. It looks as though it is working, the progress visual moves, but the tests aren't actually being executed; this is the most misleading UI/UX in a long time. Some articles, and GitHub issue notes say "next release" but we're still waiting and wanting.
Browser Explorer. Technically it works. The lack of live reload is heartbreaking. Gulp (which Microsoft recommends) and Grunt can watch for filesystem changes and execute tasks, such as browser refresh with connect, yet this IDE hasn't implemented it.
There are plenty of good reasons to switch. Being on 15.3 without these features, and with many open issues, is a let down. Here's to hoping that Microsoft can clean this up . . . and soon.
Live testing. It looks as though it is working, the progress visual moves, but the tests aren't actually being executed; this is the most misleading UI/UX in a long time. Some articles, and GitHub issue notes say "next release" but we're still waiting and wanting.
Browser Explorer. Technically it works. The lack of live reload is heartbreaking. Gulp (which Microsoft recommends) and Grunt can watch for filesystem changes and execute tasks, such as browser refresh with connect, yet this IDE hasn't implemented it.
There are plenty of good reasons to switch. Being on 15.3 without these features, and with many open issues, is a let down. Here's to hoping that Microsoft can clean this up . . . and soon.
Sunday, April 2, 2017
Equality Not Labels
If equality is truly the goal, then why is your group label so divisive? Black/Blue/Brown/Yellow Lives Matter
Why does Hulu have a category for LGBT? Can I request SWM?
Since there is the NAACP, can I start the NAAWP?
Why has LGBT become alphabet soup? How many more can you define?
Why does Hulu have a category for LGBT? Can I request SWM?
Since there is the NAACP, can I start the NAAWP?
Why has LGBT become alphabet soup? How many more can you define?
Wednesday, September 30, 2015
Just Another ScrumBut
Scrum is the desired methodology at TR. I've heard about and read about Agile before, so I was interested to learn more about it. Beginning a new product platform seemed like a great time to also institute a new software development methodology. Here is a retrospective on where we are today.
The first corporate impediment was lack of planning. Our onsite training was scheduled without regard for the Development Operations team's schedule. Therefore they rushed to create and configure our TFS instance. This led to users not being able to connect, missing users, users who should not have been users, workflow issues, and a poorly constructed source tree.
We did not have a dedicated Product Owner or Scrum Master. (At the time I didn't know what those were.) So we used a new to the company (and industry) Development Manager as the Scrum Master and a tenured Development Manager as the Product Owner. Later we learned why this was bad.
The corporate Agile Trainer came to our site and our week long endeavor began. Wanting to fully understand the Scrum framework, I asked a lot of questions and challenged a lot of the statements. There was no mention of The Scrum Guide. Some of the material taught was about two years outdated. Misrepresentations and falsities were also presented. The last two days of training, without being expressed prior, became the beginning of our first Sprint. So with many new developers, unfamiliar with our product and new platform vision, we created the foundation of a Product Backlog and sized those stories.
Having been trained we were immediately expected to produce a Minimum Viable Product. Lacking proper preparation or even a Planning Meeting, we began to create a mess (as in not clean) of code. We "successfully" completed the Sprint and were on to the next Sprint.
During the second Sprint we started to receive requests and concerns from management regarding productivity of employees. You know, the classic 100% utilization ignorance. Being the tenured developer, having experience protecting troops, and not being a "yes man" to management, I fielded those conversations to allow the Development Team to focus on producing a quality product. I used what little knowledge I had gained from the training and a decent amount I had been learning from independent research to keep management at bay.
During Sprint 3, we began to recognize the issues with have a direct manager as the Scrum Master. He was trying his best, but Scrum Master is a role that should not and can not be conducted using classic management skills. We discussed it as a Team and requested that we use one of our Team members as a Scrum Master starting the next Sprint.
Once we began Sprint 4, things improved. The members of the Development Team were becoming familiar with each other, the processes were improving, there was less concern about Scrum Master role conflict. By the end of Sprint 5 almost everyone was seeing the benefits to the Scrum framework, especially how it could improve our ability to create and deliver quality software. I discovered The Scrum Guide and began implementing some of the missing pieces.
Of course things weren't clear sailing. We had Team members who had to split commitments between projects. We hired some more resources including a Product Owner, who was actually a classically PMI trained Project Manager. Yet another failure from the "agile" mentors above. Management wanted us to track multiple projects in the same Product and Sprint backlogs. They began asking about individual productivity again. I quoted The Scrum Guide and the wolves were at bay once again.
At the start of Sprint 7 I believed that at thirteen people, we needed to split into at least two smaller (Scrum recommended) sized Teams with resources dedicated to only one product. A few senior members discussed it and we introduced the topic to management. They agreed that it was a good idea. Our Product Owner suggested that we continue to drive the initiative by drafting a proposal to present to management. Why hadn't the so-called Agile Coach seen this and made preparations or initiated the conversation? Why did we need management approval to be self-organizing?
The proposal was drafted, edited, and approved by the "small council" and sent to the Agile Coach for comment. He gave some feedback and was also happy that we were discussing splitting into multiple teams. The proposal was sent to management. Later I realized that this was the trainer's first interaction with the Development Team since training. Being a group new to Scrum and lacking trained or experienced people to fill the Scrum Master and Product Owner roles, we were not offered additional coaching or assistance.
About this time the requests began again to have every Development Team member have his/her name on a task at all times. I expressed the same concerns that we had before, I quoted The Scrum Guide, I asked for reasoning as to why this was important, I expressed the Team's concerns about micromanagement. The was a lot of illogical or irrelevant "reasons" and "we're not using this for evaluation" talk. There were even a few Scrum incorrect statements made by the Agile Coach.
In the end, during Sprint 8, the violating directive was given and we have been attempting to comply. Our Sprint Backlog quickly became a cluttered mess. We were wasting time creating and updating unnecessary tasks. Management even sent an email asking why not all members didn't have an In Progress task. I have submitted a direct query to the Agile Coach as to how this is not a direct violation of The Scrum Guide.
What happened to the proposal? It was still being considered. Some managers could/would not resource plan, didn't seem to accept the single product focus objective, and wouldn't commit to staffing. We are requesting feedback and approval again.
Management has failed. They have failed to adapt to the Agile philosophy, especially the Scrum framework. They have failed to be the ones foreseeing and addressing challenges. They have failed to coach and empower. This is why, unless things change, TR will be another failed Agile implementation and be just another ScrumBut.
The first corporate impediment was lack of planning. Our onsite training was scheduled without regard for the Development Operations team's schedule. Therefore they rushed to create and configure our TFS instance. This led to users not being able to connect, missing users, users who should not have been users, workflow issues, and a poorly constructed source tree.
We did not have a dedicated Product Owner or Scrum Master. (At the time I didn't know what those were.) So we used a new to the company (and industry) Development Manager as the Scrum Master and a tenured Development Manager as the Product Owner. Later we learned why this was bad.
The corporate Agile Trainer came to our site and our week long endeavor began. Wanting to fully understand the Scrum framework, I asked a lot of questions and challenged a lot of the statements. There was no mention of The Scrum Guide. Some of the material taught was about two years outdated. Misrepresentations and falsities were also presented. The last two days of training, without being expressed prior, became the beginning of our first Sprint. So with many new developers, unfamiliar with our product and new platform vision, we created the foundation of a Product Backlog and sized those stories.
Having been trained we were immediately expected to produce a Minimum Viable Product. Lacking proper preparation or even a Planning Meeting, we began to create a mess (as in not clean) of code. We "successfully" completed the Sprint and were on to the next Sprint.
During the second Sprint we started to receive requests and concerns from management regarding productivity of employees. You know, the classic 100% utilization ignorance. Being the tenured developer, having experience protecting troops, and not being a "yes man" to management, I fielded those conversations to allow the Development Team to focus on producing a quality product. I used what little knowledge I had gained from the training and a decent amount I had been learning from independent research to keep management at bay.
During Sprint 3, we began to recognize the issues with have a direct manager as the Scrum Master. He was trying his best, but Scrum Master is a role that should not and can not be conducted using classic management skills. We discussed it as a Team and requested that we use one of our Team members as a Scrum Master starting the next Sprint.
Once we began Sprint 4, things improved. The members of the Development Team were becoming familiar with each other, the processes were improving, there was less concern about Scrum Master role conflict. By the end of Sprint 5 almost everyone was seeing the benefits to the Scrum framework, especially how it could improve our ability to create and deliver quality software. I discovered The Scrum Guide and began implementing some of the missing pieces.
Of course things weren't clear sailing. We had Team members who had to split commitments between projects. We hired some more resources including a Product Owner, who was actually a classically PMI trained Project Manager. Yet another failure from the "agile" mentors above. Management wanted us to track multiple projects in the same Product and Sprint backlogs. They began asking about individual productivity again. I quoted The Scrum Guide and the wolves were at bay once again.
At the start of Sprint 7 I believed that at thirteen people, we needed to split into at least two smaller (Scrum recommended) sized Teams with resources dedicated to only one product. A few senior members discussed it and we introduced the topic to management. They agreed that it was a good idea. Our Product Owner suggested that we continue to drive the initiative by drafting a proposal to present to management. Why hadn't the so-called Agile Coach seen this and made preparations or initiated the conversation? Why did we need management approval to be self-organizing?
The proposal was drafted, edited, and approved by the "small council" and sent to the Agile Coach for comment. He gave some feedback and was also happy that we were discussing splitting into multiple teams. The proposal was sent to management. Later I realized that this was the trainer's first interaction with the Development Team since training. Being a group new to Scrum and lacking trained or experienced people to fill the Scrum Master and Product Owner roles, we were not offered additional coaching or assistance.
About this time the requests began again to have every Development Team member have his/her name on a task at all times. I expressed the same concerns that we had before, I quoted The Scrum Guide, I asked for reasoning as to why this was important, I expressed the Team's concerns about micromanagement. The was a lot of illogical or irrelevant "reasons" and "we're not using this for evaluation" talk. There were even a few Scrum incorrect statements made by the Agile Coach.
In the end, during Sprint 8, the violating directive was given and we have been attempting to comply. Our Sprint Backlog quickly became a cluttered mess. We were wasting time creating and updating unnecessary tasks. Management even sent an email asking why not all members didn't have an In Progress task. I have submitted a direct query to the Agile Coach as to how this is not a direct violation of The Scrum Guide.
What happened to the proposal? It was still being considered. Some managers could/would not resource plan, didn't seem to accept the single product focus objective, and wouldn't commit to staffing. We are requesting feedback and approval again.
Management has failed. They have failed to adapt to the Agile philosophy, especially the Scrum framework. They have failed to be the ones foreseeing and addressing challenges. They have failed to coach and empower. This is why, unless things change, TR will be another failed Agile implementation and be just another ScrumBut.
- Scrum Teams are self-organizing and cross-functional. Self-organizing teams choose how best to accomplish their work, rather than being directed by others outside the team.
- Development Teams are structured and empowered by the organization to organize and manage their own work.
- The Sprint Backlog is a highly visible, real-time picture of the work that the Development Team plans to accomplish during the Sprint, and it belongs solely to the Development Team
Tuesday, August 5, 2014
Making the Work PC Less Annoying
Screen Saver
Who doesn't love the corporate marketing screen saver that you can't change because of the GPO? That's it . . . ALMOST EVERYONE!!
My first approach was a just-live-with-it mentality. Well, not really. I just changed the power saving to turn off the monitor before the screen saver activated. It makes total sense that we can change that but not the screen saver itself. *sigh*
Next was to attempt to update the registry. Of course that kept being overwritten, so I quickly relinquished that idea.
The final step was very straight-forward. I created a copy of the actual screen saver file. Then I created a copy of the photo screen saver file and renamed it. So now everything looks good to the configuration, yet I have the screen saver I want. HINT: You can adjust a screen savers settings by right-clicking the ".scr" file.
Virus Scan
Common sense settings:
- Run during the workday
- Permit 100% CPU usage
- Do not allow settings to be changed
- Protect the registry settings
- Allow the user to manually delay execution
Initial attempt was to update the scan time via the registry shortly before the scan was to execute, then again shortly before I wanted the process to begin. The scan did not take place. There must be a timing issue.
So I ran Process Monitor to watch the registry. I manually delayed the schedule via the UI and captured the changes. Once that was in-hand a simple scheduled task executing a batch file to update the registry did the trick.
ENJOY!!
Monday, August 6, 2012
Important(?) Meeting
There's a project which has been on-and-off the radar for about three years. I've finished up the final work and it's time to discuss deployment. A meeting is scheduled for Thursday. Then it is moved to Monday. After a late start Monday morning, I walk in to the comment, "I'm glad I rescheduled that meeting." I reboot my hanging machine to see the rescheduled invitation . . . Wednesday of the following week. How important is this deployment?
Wednesday, June 8, 2011
Thousands of Channels, A Lot of Crap
So many good canceled shows . . . and so many crappy or redundant ones continue. Some of the most upsetting cancellations IMHO were Firefly, V (2009), Terminator: The Sarah Connor Chronicles, The Cape. The crap are the pointless "reality" (i.e. West Coast Chopper), multiple versions of the same show (CSI: fill-in-the-blank), and repeaters (The Simpsons have been repeating stories since around season 5).
***** END RANT *****
***** END RANT *****
Tuesday, May 17, 2011
"Cassie"
I fairly recently started to enjoy the music of Flyleaf. I had heard one or two songs at some point, but never really pursued more. Since I have, I do enjoy the music. They are Christians who are in a band, not a Christian band, based on their statements. One song's lyrics caught my ears: Cassie. After some research, I found the story behind it. It's based some questionable recounts of the events at Columbine. However, further digging led me to find what seems more likely to be the truth (as I expected).
http://www.salon.com/news/feature/1999/09/23/columbine/index.html
http://www.salon.com/news/feature/1999/09/30/bernall/
The events at the school that day are tragic. The apparently untrue story is sad. However, if the narrative fits . . . promote it!! It's unfortunate that these types of stories live a strong existence despite evidence to the contrary. I still enjoy the riffs that Flyleaf puts out.
http://www.salon.com/news/feature/1999/09/23/columbine/index.html
http://www.salon.com/news/feature/1999/09/30/bernall/
The events at the school that day are tragic. The apparently untrue story is sad. However, if the narrative fits . . . promote it!! It's unfortunate that these types of stories live a strong existence despite evidence to the contrary. I still enjoy the riffs that Flyleaf puts out.
Monday, May 9, 2011
New House
Why is it that when you show people your new house, that there are a few who tell you every project that "you really should do" to improve the place or increase its resale value?
While appreciating the interest, it's a bit annoying. Are they going to help you? Are they going to foot the bill? Do they realize that a new-to-you house doesn't need resale value? (Unless you are looking to take a loss or flipping a property.)
While appreciating the interest, it's a bit annoying. Are they going to help you? Are they going to foot the bill? Do they realize that a new-to-you house doesn't need resale value? (Unless you are looking to take a loss or flipping a property.)
Friday, May 6, 2011
Child Support = Redistribution
Child Support is a good concept: attempt to ensure that a parent provides for his/her child(ren). Sadly, in many situations it is nothing more than a redistribution of wealth. Most systems just attempt to "balance" the income of the two parents. There is no concern for cost of living, number of children, or even where the money is ultimately spent.
Wednesday, October 27, 2010
Tuesday, October 19, 2010
Political Misinformation
It's that time of year. Columbus Day? Halloween? Thanksgiving? Christmas? Yes, but that's not where I am going with this. It's mid-term election time. The ads are increasing. The misinformation runs rampant.
One that is on my mind now (and I can't find it online today for some reason) is one condemning a flat tax system as a tax hike for the poor and a tax cut for the wealthy. This may be the case in some situations. This is the "go to" way that socialist always seem to attack proposals of these systems.
I know plenty of voters who do not actually research these things and just hear that they will be required to pay more taxes. The simple point of a flat tax system is to ensure that all people are paying their share (something that you'd think socialists would like . . . equal distribution). Instead of people receiving tax "refunds" greater than their payment, everyone would pay based on their earnings . . . EQUALLY. Today's system of taxation is a progressive one: the more you make, the greater the percent taken away. It's punishment for hard work and success.
There are too many people (one is too many) who know exactly what to earn in order to maximize their income with the least amount of work. They continue to reproduce in order to reap more Earned Income Credit. They are living off the wealth created by those who fuel our economy.
A flat tax is a good way of ensuring that all men are treated equally under the law . . . one of the ideals of our founding fathers. By thinking about this issue with an open mind and common sense, one can come to the logical conclusion that it is a great system. Sure you pay "more" as you earn more, but it's proportional, and you are able to keep a greater amount of your earnings.
One that is on my mind now (and I can't find it online today for some reason) is one condemning a flat tax system as a tax hike for the poor and a tax cut for the wealthy. This may be the case in some situations. This is the "go to" way that socialist always seem to attack proposals of these systems.
I know plenty of voters who do not actually research these things and just hear that they will be required to pay more taxes. The simple point of a flat tax system is to ensure that all people are paying their share (something that you'd think socialists would like . . . equal distribution). Instead of people receiving tax "refunds" greater than their payment, everyone would pay based on their earnings . . . EQUALLY. Today's system of taxation is a progressive one: the more you make, the greater the percent taken away. It's punishment for hard work and success.
There are too many people (one is too many) who know exactly what to earn in order to maximize their income with the least amount of work. They continue to reproduce in order to reap more Earned Income Credit. They are living off the wealth created by those who fuel our economy.
A flat tax is a good way of ensuring that all men are treated equally under the law . . . one of the ideals of our founding fathers. By thinking about this issue with an open mind and common sense, one can come to the logical conclusion that it is a great system. Sure you pay "more" as you earn more, but it's proportional, and you are able to keep a greater amount of your earnings.
Tuesday, September 28, 2010
Honesty
The one thing I strongly stress to those with whom I have some influence (yes, a short list) is honesty. It is an ideal that is difficult to achieve, and seemingly impossible for some. It must start with yourself. If a person cannot be honest with oneself, then they cannot be honest with others. Facing yourself, not deceiving in order to make a situation more palatable, is the first step.
Wednesday, February 10, 2010
I'm baaaAAAaaack
After a bit of an absence, I've decided that I should attempt to do this again. (Not that anyone really reads this, but hey . . . ) I'm not abandoning my US Constitution review, but will possibly be addressing things out of order. If you actually read this and have some requests, please feel free to comment on this post and I'll see what I can do for you. Look for more soon.
Thursday, January 22, 2009
The Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
How many times have you heard, "I plead the fifth," spoken by someone . . . anyone? Do you think they really knew what it meant? Did you really know what it meant? Well, now you might learn a little something. There's more than the "self incriminating" piece.
The first portion discusses capital and "otherwise infamous" crimes which is simply a reference to infractions which are known as felonies. The Grand Jury decides if there is enough evidence to try a person for the alleged crime. If found that there is, then the person will be put on trial for the offense. The exception to this rule ( isn't there always one? ) is the military forces. Service Members are held accountable by the Uniform Code of Military Justice (UCMJ). They can also be processed by the civilian law as well . . . more on that later.
The next part of this amendment is known as the "Double Jeopardy" clause. If you are found innocent of a crime, you may not be tried again for the same crime. As I mentioned previously, Service Members are not always protected as such.
Then comes the most well-known portion. During any part of judicial process, you do not have to make any statements which could prove you guilty. Some take this so far as to say to not answer any questions from the police during the investigation. You never know how a minor misstatement on your part could lead to a conviction.
Next we have the wonderful phrase of "due process" which has remained quite well undefined. Thankfully we have other amendments to help define this. For example: jury of peers, burden of proof, etc.
Finally, we come to a part which many people love. (Please read the sarcasm I intend there.) The taking of private property has been a matter of much debate. When the government decides to expand a highway and your property is involved, the government is to pay you for your loss. Of course, what the government thinks is a fair price might not be what that individual feels is a fair price. Plus, it's not the governments land. And what's to stop them from taking more and more?
I hope this have given you a little insight on the fifth amendment. As with all of these blurbs, it is not an all encompassing essay, but hopefully something to stir your brain into doing some thinking and some further research.
How many times have you heard, "I plead the fifth," spoken by someone . . . anyone? Do you think they really knew what it meant? Did you really know what it meant? Well, now you might learn a little something. There's more than the "self incriminating" piece.
The first portion discusses capital and "otherwise infamous" crimes which is simply a reference to infractions which are known as felonies. The Grand Jury decides if there is enough evidence to try a person for the alleged crime. If found that there is, then the person will be put on trial for the offense. The exception to this rule ( isn't there always one? ) is the military forces. Service Members are held accountable by the Uniform Code of Military Justice (UCMJ). They can also be processed by the civilian law as well . . . more on that later.
The next part of this amendment is known as the "Double Jeopardy" clause. If you are found innocent of a crime, you may not be tried again for the same crime. As I mentioned previously, Service Members are not always protected as such.
Then comes the most well-known portion. During any part of judicial process, you do not have to make any statements which could prove you guilty. Some take this so far as to say to not answer any questions from the police during the investigation. You never know how a minor misstatement on your part could lead to a conviction.
Next we have the wonderful phrase of "due process" which has remained quite well undefined. Thankfully we have other amendments to help define this. For example: jury of peers, burden of proof, etc.
Finally, we come to a part which many people love. (Please read the sarcasm I intend there.) The taking of private property has been a matter of much debate. When the government decides to expand a highway and your property is involved, the government is to pay you for your loss. Of course, what the government thinks is a fair price might not be what that individual feels is a fair price. Plus, it's not the governments land. And what's to stop them from taking more and more?
I hope this have given you a little insight on the fifth amendment. As with all of these blurbs, it is not an all encompassing essay, but hopefully something to stir your brain into doing some thinking and some further research.
Wednesday, December 24, 2008
The Fourth Amedment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
A very important amendment usually referenced when discussing privacy. While the government may collect information about the citizens which is necessary for it to function and protect the union, it may not obtain any of it via illegal methods. In order to gather additional information and evidence, they must have a reason and obtain a warrant.
Quite recently, there was a big hubbub concerning "wire tapping" procedures used for counter-terrorism. The government was simply data mining. They used the phone records of suspects already being investigated to find commonalities. Once that was determined, a warrant was obtained to perform the actual wire tapping for further investigation.
As long as we citizens do not turn over too much power to our government, this will not be much of a concern of mine. The increase in social programs (i.e. health care, corporate bailouts, public schools, etc.) is how we are losing our power as citizens. Too many citizens vote without knowledge and do not use their voice to keep government in check. Protect your privacy: become an informed and active participant in your government.
A very important amendment usually referenced when discussing privacy. While the government may collect information about the citizens which is necessary for it to function and protect the union, it may not obtain any of it via illegal methods. In order to gather additional information and evidence, they must have a reason and obtain a warrant.
Quite recently, there was a big hubbub concerning "wire tapping" procedures used for counter-terrorism. The government was simply data mining. They used the phone records of suspects already being investigated to find commonalities. Once that was determined, a warrant was obtained to perform the actual wire tapping for further investigation.
As long as we citizens do not turn over too much power to our government, this will not be much of a concern of mine. The increase in social programs (i.e. health care, corporate bailouts, public schools, etc.) is how we are losing our power as citizens. Too many citizens vote without knowledge and do not use their voice to keep government in check. Protect your privacy: become an informed and active participant in your government.
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