http://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1372&context=wmlr Write a summary of the article "Is There a Seat for Miranda at Terry...

This article is about the split among federal circuit courts about whether Miranda warnings have to be given in certain types of stops (called "Terry" stops, a reference to the 1968 Supreme Court case Terry v. Ohio) that involve the police questioning the person who is stopped about the reason they have stopped him or her. Miranda rights refer to a suspect's right to remain silent when he or she is taken into police custody, as the police can use the evidence the suspect gives in a court of law. These rights were conferred on the basis on the Supreme Court case Miranda v. Arizona (1966). "Terry stops" refer to the 1968 Supreme Court case Terry v. Ohio, in which the court held that the Fourth Amendment's protections against unreasonable search and seizure are not violated when the police stop a suspect if they have a reasonable suspicion that the person might commit or has committed a crime. As the author of this article, Dinger, writes, "[a]n investigatory stop is permissible under the Fourth Amendment if supported by reasonable suspicion" (page 1479).

Some circuit courts (the First, Fourth, and Eighth circuits) have held that Miranda rights are not required in Terry stops, even those that are coercive in nature. However, other circuit courts (the Second, Seventh, Ninth, and Tenth) have held that Miranda warnings are required in certain types of Terry stops that are coercive. The Eleventh Circuit has not held either of these viewpoints. In the 2008 case United States v. Artiles-Martin, the U.S. District Court for the Middle District of Florida identified this split.

The author examines the meaning of the Fourth Amendment, the Miranda case, and the Terry case. The central question the author looks at is the following:

"How much force and coercion can be used without converting a Terry detention into a de facto arrest for which an officer needs probable cause, or if questioning is involved, without converting the stop into custodial interrogation for which Miranda warnings are required" (page 1487).

The author maintains that "in the majority of cases, coercive Terry detentions do not require Miranda warnings" (page 1579).

Is there a word/phrase for "unperformant"?

As a software engineer, I need to sometimes describe a piece of code as something that lacks performance or was not written with performance in mind. Example: This kind of coding style leads to unmaintainable and unperformant code. Based on my Google searches, this isn't a real word. What is the correct way to describe this? EDIT My usage of "performance" here is in regard to speed and efficiency. For example, the better the performance of code the faster the application runs. My question and example target the negative definition, which is in reference to preventing inefficient coding practices. Answer This kind of coding style leads to unmaintainable and unperformant code. In my opinion, reads more easily as: This coding style leads to unmaintainable and poorly performing code. The key to well-written documentation and reports lies in ease of understanding. Adding poorly understood words such as performant decreases that ease. In addressing the use of such a poorly ...

nouns - what do you call the person who passes the trophies to the prize giver/presenter?

The person who gives out the trophies to the winners are called award presenters. So what do u call the person who passes the trophies to the presenter? Thanks!

Is 'efficate' a word in English?

I routinely hear the word "efficate" being used. For example, "The most powerful way to efficate a change in the system is to participate." I do not find entries for this word in common English dictionaries, but I do not have an unabridged dictionary. I have checked the OED (I'm not sure if it is considered unabridged), and it has no entry for "efficate". It does have an entry for "efficiate", which is used in the same way. Wordnik has an entry for "efficate" with over 1800 hits, thus providing some evidence for the frequency of use. I personally like the word and find the meaning very clear and obvious when others use it. If it's not currently an "officially documented" word, perhaps its continued use will result in it being better documented.

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