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Alternatives To Incarceration

Alternatives to Incarceration

Your Name (First M. Last)

School or Institution Name (University at Place or Town, State)

Alternatives to Incarceration

Introduction

The detention of the youth in the United States of America (USA) has remained a contentious debate for several decades. There exist economic and historical factors that fueled the resistance against the practice of juvenile detention and called for the construction of alternative methods. Incarceration can enhance the extent of recidivism as these rates in the United States are reported to be more than 50% for the individuals who stay in facilities. The previous instances and several studies indicate the youth who are incarcerated are at enhanced risk to recidivate than those supervised in community-based settings. Besides, youth are inherently inclined toward aging out the illegal behaviors. As per reports of the Office of Juvenile and Delinquency Prevention, the excessive contact of the youth with courts manifest their return at an increased rate ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"2ZEbtQnU","properties":{"formattedCitation":"(\\uc0\\u8220{}Alternative to Incarceration (ATI) Programs - NY DCJS,\\uc0\\u8221{} n.d.)","plainCitation":"(“Alternative to Incarceration (ATI) Programs - NY DCJS,” n.d.)","noteIndex":0},"citationItems":[{"id":420,"uris":["http://zotero.org/users/local/yvjivw9i/items/ET5P6I2J"],"uri":["http://zotero.org/users/local/yvjivw9i/items/ET5P6I2J"],"itemData":{"id":420,"type":"webpage","title":"Alternative to Incarceration (ATI) Programs - NY DCJS","container-title":"NYS Division of Criminal Justice Services","URL":"https://www.criminaljustice.ny.gov/opca/ati_description.htm","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Alternative to Incarceration (ATI) Programs - NY DCJS,” n.d.). Other factors underlying the cause of alternatives for juvenile detention are the adverse impacts on educational and development outcomes. Likewise, economic factors further stress on the pursuit of alternative methods for juvenile detention. 2 million juveniles are processed in juvenile courts per year in the United States. They are held in state-funded, residential facilities and post-adjudication at more than $300 per day. Amid the challenging economic hurdles, the alternative modes of detention ought to be deemed and compromising the public safety should be prevented.

Alternatives to Incarceration Currently in Use

Several states have successfully advanced to minimize the reliance on youth prisons and jails and resorted to the community-based alternatives. Ohio, California, Alabama, Texas and New York have witnessed a significant decrease in incarceration after the legislation was promulgated to shift the resources toward community-based alternatives. One of the common technique pertains to the evidence-based practices that reduced recidivism and crime among youth ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"FZEf0YcX","properties":{"formattedCitation":"(\\uc0\\u8220{}Juvenile Detention Alternatives and Mass Incarceration - Juvenile Justice InitiativeJuvenile Justice Initiative,\\uc0\\u8221{} n.d.)","plainCitation":"(“Juvenile Detention Alternatives and Mass Incarceration - Juvenile Justice InitiativeJuvenile Justice Initiative,” n.d.)","noteIndex":0},"citationItems":[{"id":417,"uris":["http://zotero.org/users/local/yvjivw9i/items/F24CM8KI"],"uri":["http://zotero.org/users/local/yvjivw9i/items/F24CM8KI"],"itemData":{"id":417,"type":"webpage","title":"Juvenile Detention Alternatives and Mass Incarceration - Juvenile Justice InitiativeJuvenile Justice Initiative","URL":"https://jjustice.org/resources/juvenile-detention-alternatives/","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Juvenile Detention Alternatives and Mass Incarceration - Juvenile Justice Initiative Juvenile Justice Initiative,” n.d.). These practices have proven to be beneficial and cost-effective than punitive measures. States ought to expand these evidence-based alternatives. Second, individual treatment is a process that accommodates a wide range of aspects. Such treatment also causes the juvenile to face hurdles in case he/she uses illicit drugs. Third, home confinement is a practice which constitutes the collaboration between the parents, teachers, and courts to critically monitor the offender. In this practice, the juvenile is not refrained from leaving home and is permitted to leave for school. It is one of the most productive alternatives which is mostly deployed when the juvenile is not deemed a potential threat to society and can be evaluated in the presence of the probationer officer for him.

Individual and Societal benefits of not Removing Offender from Community

There exists a wide range of profound benefits which are produced when the offenders are not removed from families or communities. The alienation from family can cause the offender to suffer from grave mental consequences as observed where offenders resort to violent acts inside the prisons. The primary purpose of not removing the offender form community pertains to the development of the offender and provision of a second opportunity ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"FS5kqf2N","properties":{"formattedCitation":"(\\uc0\\u8220{}Alternatives to Youth Incarceration,\\uc0\\u8221{} n.d.)","plainCitation":"(“Alternatives to Youth Incarceration,” n.d.)","noteIndex":0},"citationItems":[{"id":418,"uris":["http://zotero.org/users/local/yvjivw9i/items/AWEMPB5F"],"uri":["http://zotero.org/users/local/yvjivw9i/items/AWEMPB5F"],"itemData":{"id":418,"type":"webpage","title":"Alternatives to Youth Incarceration","container-title":"American Civil Liberties Union","abstract":"On any given day, there are over 60,000 children locked up in juvenile facilities. For many children, entering a juvenile facility closely resembles the experience of entering an adult prison. Uniformed guards bring in young people restrained in handcuffs and leg irons, pat-frisk or strip-search them, issue them institutional undergarments and jumpsuits, and then lock them into cell blocks. Other children are sent to juvenile institutions with campus-like or pastoral settings, such as residential treatment facilities or wilderness programs, but still experience poor outcomes. Regardless of the type of placement, the very process of confining young people—cutting them off from their families, disrupting their education, and often exposing them to further trauma and violence—harms their development and has lifelong negative consequences.Community-based alternatives to incarceration are much cheaper and more effective in reducing crime and recidivism. While the average cost of a juvenile prison bed is $241 a day, a slot in a community-based program costs less than $75 a day. Alternative-to-incarceration programs provide a range of services and supports to young people and their families and seek to address the underlying causes that got young people into trouble. Many programs also incorporate restorative justice principles so that young people have the opportunity to repair harm to victims and give back to their communities.Many states have successfully reduced reliance on youth jails and prisons and expanded community-based alternatives by moving the fiscal incentives away from incarceration. Several states, including Ohio, Illinois, California, Texas, Alabama, and New York, have experienced huge decreases in youth incarceration after passing legislation to shift resources away from state-run facilities to locally operated, community-based programs. The ACLU is engaged in several state-based campaigns to promote policy and legislative changes to end the over-incarceration of children and provide them with the tools they need to grow into healthy and productive adults.","URL":"https://www.aclu.org/issues/juvenile-justice/youth-incarceration/alternatives-youth-incarceration","language":"en","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Alternatives to Youth Incarceration,” n.d.). In the case of youth, it becomes imperative not to alienate them from the families and communities. It will cast adverse impacts on their education, social development and emotional development. The purpose of punishment can be served by living with families under stringent observation. The most prominent societal and individual benefit is the individual is offered the best platform to change the conduct and shun the criminal or violent activities in true letter and spirits.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Alternative to Incarceration (ATI) Programs - NY DCJS. (n.d.). Retrieved May 23, 2019, from NYS Division of Criminal Justice Services website: https://www.criminaljustice.ny.gov/opca/ati_description.htm

Alternatives to Youth Incarceration. (n.d.). Retrieved May 23, 2019, from the American Civil Liberties Union website: https://www.aclu.org/issues/juvenile-justice/youth-incarceration/alternatives-youth-incarceration

Juvenile Detention Alternatives and Mass Incarceration - Juvenile Justice InitiativeJuvenile Justice Initiative. (n.d.). Retrieved May 23, 2019, from https://jjustice.org/resources/juvenile-detention-alternatives/

Subject: Law and International Law

Pages: 2 Words: 600

Assault, Battery, And Crimes Against Persons

Assault, Battery, and Crimes against Persons

James Grey

Assault, Battery, and Crimes against Persons

This assignment explores three different scenarios which involve laws related to assault, battery and self-defense.

Scenario 01

Question 01

According to the federal criminal system, an assault with a deadly weapon is when one attempts to hit a person or perform an act that causes the victim to rationally expect imminent harm. In some states, assault does not need to involve physical contact and the felon can still be convicted for it. While the aggravated battery is defined according to the law as an act of Battery with a deadly weapon. It entails the use of a deadly weapon by the offender in the commission of the crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"iwADg0jl","properties":{"formattedCitation":"(Currul\\uc0\\u8208{}Dykeman, 2014)","plainCitation":"(Currul‐Dykeman, 2014)","noteIndex":0},"citationItems":[{"id":569,"uris":["http://zotero.org/users/local/YgsdZK9k/items/8H3HZJX2"],"uri":["http://zotero.org/users/local/YgsdZK9k/items/8H3HZJX2"],"itemData":{"id":569,"type":"chapter","abstract":"It is generally understood that an assault is a lesser included offense of a battery. This means in almost every case, an assault is included in a battery. During the time period when a victim is aware that a battery is about to come upon her (and up and until the contact is made) an assault has taken place. Once the touching occurs it results in a battery. That is why many jurisdictions have codified this behavior as one crime, “Assault and Battery.”","container-title":"The Encyclopedia of Criminology and Criminal Justice","ISBN":"978-1-118-51738-3","language":"en","note":"DOI: 10.1002/9781118517383.wbeccj545","page":"1-3","publisher":"American Cancer Society","source":"Wiley Online Library","title":"Assault and Battery","URL":"https://onlinelibrary.wiley.com/doi/abs/10.1002/9781118517383.wbeccj545","author":[{"family":"Currul‐Dykeman","given":"Kathleen"}],"accessed":{"date-parts":[["2019",12,11]]},"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Currul‐Dykeman, 2014).

         The similarity between assault with a deadly weapon and aggravated battery is that both the crimes require the use of a deadly weapon when the crime is being committed. A deadly weapon is an object which is likely to cause death or severe bodily harm. The common examples of deadly weapons include a gun and a large knife. It is due to the reason that they are intrinsically dangerous and are intended to cause injury.

The example of assault with a deadly weapon is intentionally pointing a gun at a person as a threat. Examples of aggravated battery are hitting someone with a weapon or hazardous object, shooting someone with a gun, battery which causes impermanent or permanent disfigurement, or any other severe injury, and also battery against anyone belonging to a legally protected class which includes police officers, social services workers, healthcare providers, disabled or an elderly person.

Question 02

According to the situation, the act of pointing the knife at (A) is considered an assault with a deadly weapon. As the deadly weapon which is a knife, in this case, can cause serious harm to (A). Even though, it has not inflicted harm yet but according to law, the attacker will be tried for assault with a deadly weapon. Assault is considered in most states as the intent to harm, even without physical contact with the victim.

Next, the man strikes (A) and rips the handle of the purse. At this moment, the act of assault is converted to the conduct of battery. As major injury was inflicted on (A) when the attacker stroke. It is a petty offense, but the attacker will be tried for it. The man will be charged for the aggravated battery as he hit (A) with the knife which is categorized as a deadly weapon.

Question 03

               In this scenario, the attacker hit the victim (A) with a knife which is considered as a deadly weapon. At first, he threatened (A) while pointing the knife at her and later hit the victim. This is the reason the conduct of the attacker is considered as aggravated battery. The use of weapons intensifies the situation as it has the potential to inflict a serious injury on the victim ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"RFXhAUoP","properties":{"formattedCitation":"(Scheb & II, 2008)","plainCitation":"(Scheb & II, 2008)","noteIndex":0},"citationItems":[{"id":577,"uris":["http://zotero.org/users/local/YgsdZK9k/items/VF5BN2GA"],"uri":["http://zotero.org/users/local/YgsdZK9k/items/VF5BN2GA"],"itemData":{"id":577,"type":"book","abstract":"Current, engaging, and succinct, CRIMINAL LAW, Fifth Edition, describes both the reasoning behind criminal law and the practical applications of that law. It couples a traditional presentation of case law with cutting-edge coverage of recent trends in law. Drawing from the combined legal and practical experience of the authors--a judge and a law professor--the text gives you firsthand insights into the American legal system, and its simple, nonlegal language makes it easier to read than other law books. Featuring relevant cases-in-point throughout the text, the authors encourage you not only to learn but also to really think about and understand the law. A new student website also offers samples of case briefings, which provide excellent examples to model your own briefings after. CRIMINAL LAW, Fifth Edition, also utilizes extensive case material, covers the historical background of criminal law, and includes the latest Supreme Court decisions. This is one of two updated splits of the combined CRIMINAL LAW AND PROCEDURE, Sixth Edition (c. 2008), by the same authors.Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.","ISBN":"978-0-495-50480-1","language":"en","note":"Google-Books-ID: nWfswSfyU9kC","number-of-pages":"481","publisher":"Cengage Learning","source":"Google Books","title":"Criminal Law","author":[{"family":"Scheb","given":"John"},{"family":"II","given":"John Scheb"}],"issued":{"date-parts":[["2008",3,20]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Scheb & II, 2008). As in this case, the key factor is the use of a weapon which makes the initial assault and the battery as assault with a deadly weapon and aggravated battery respectively.

               So, the fact pattern that would change the scenario from assault with a deadly weapon and aggravated battery to simple assault or battery, is the absence of deadly weapon. This means that if the attacker omits the use of a weapon while he demands the purse and as he hits, the charges will drop from aggravated battery and assault with a deadly weapon to simple assault and simple battery.

               For the prosecution of an aggravated battery charge, a jury looks for the factors which would raise a battery charge to an aggravated battery charge. In most of the states, a firearm and a knife are considered a deadly weapon. If the deadly object used is other than these two, it is the responsibility of the prosecution to prove that the alleged object could potentially inflict serious harm or result in the death of the victim. 

Scenario 02

Question 01

According to federal and state laws, the act of kidnapping is defined as taking someone against their will, from one place to another. Illegal imprisonment of a person in a closed and controlled space is also considered as kidnapping. The purpose of illegal confinement is usually for purposes including torture for certain demands or facilitation of another criminal activity. In cases, where the parent takes their child, without legal custody rights, the parents can be charged for kidnapping the child. Conventionally, detention and movement of a person are considered to be a serious injury for the victim, and for this rationale kidnapping and similar felonies are categorized as serious crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"zfvvMZqS","properties":{"formattedCitation":"(\\uc0\\u8220{}A Rationale of the Law of Kidnapping,\\uc0\\u8221{} 1953)","plainCitation":"(“A Rationale of the Law of Kidnapping,” 1953)","noteIndex":0},"citationItems":[{"id":579,"uris":["http://zotero.org/users/local/YgsdZK9k/items/STZWEEE5"],"uri":["http://zotero.org/users/local/YgsdZK9k/items/STZWEEE5"],"itemData":{"id":579,"type":"article-journal","container-title":"Columbia Law Review","DOI":"10.2307/1119084","ISSN":"00101958","issue":"4","journalAbbreviation":"Columbia Law Review","page":"540","source":"DOI.org (Crossref)","title":"A Rationale of the Law of Kidnapping","volume":"53","issued":{"date-parts":[["1953",4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“A Rationale of the Law of Kidnapping,” 1953). Thus, kidnapping is a serious offense and mostly prosecuted in state courts. If the case crosses the state limits, the federal authorities can get involved and take control of the case.

After the world-renown kidnap and murder of Charles Lindbergh's infant son, a federal kidnapping statute which is now known as the Federal Kidnapping Act 18 U.S.C. § 1201(a)(1) was approved by U.S. Congress and later in 1932, it became a law. It allows the federal authorities to get involved and hunt down the kidnappers once the state lines are crossed. According to the Federal criminal code (18 U.S.C. Section 1201), kidnapping is a serious criminal offense, and the offender can be sentenced for 20 or even more years, according to the past charges on criminal and current circumstances.

           In the changed scenario, the attacker forces the victim to the car while pointing a knife at her. According to this change, the offender will be charged for kidnapping as he takes the victim against her will and forces her to stay in the car even after the police demands her to step out. Hence, this fulfills the criterion of kidnapping.

Question 02

The act of kidnapping includes taking one person against their will from one place to another or confining them to a closed space. On the other hand, the taking hostage denotes someone who is detained by a captor as insurance against any harm from the law enforcement. Generally, the hostages are apprehended for forcing a government entity or community to fulfill conditions given by the captor. The conditions can include the safe exit of the captor, release of prisoners, ransom, etc.

           Despite that kidnapping and taking hostage are two different offenses based on their purposes, but both these crimes are equally offensive and critical. Both the crimes involve a person’s life at stake and thus none of these can be taken lightly or prioritized one over another.

Scenario 03

Answer 01

In the third scenario, the argument elevates to an extent that (A) pulls out a knife from her purse and swings it at the attacker. The attacker, in this case, did not threaten in any way as presumed from the scenario. So, the attacker requires to defend himself. The attacker has received a serious threat from (A), and it seems that if he does not defend himself, he may be seriously injured with the deadly weapon. However, before any tactic of self-defense, the attacker must try to resolve the issue, but if the situation persists the attacker is authorized to use force for his defense. If on further investigation, it turns out there was no good rationale for (A) to swing the knife at the attacker, she can try for the assault with a deadly weapon  ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"s10OFhR5","properties":{"unsorted":true,"formattedCitation":"(Schachter, 1989)","plainCitation":"(Schachter, 1989)","noteIndex":0},"citationItems":[{"id":584,"uris":["http://zotero.org/users/local/YgsdZK9k/items/ILDTUENW"],"uri":["http://zotero.org/users/local/YgsdZK9k/items/ILDTUENW"],"itemData":{"id":584,"type":"article-journal","abstract":"Self-defense on the international level is generally regarded, at least by international lawyers, as a legal right defined and legitimated by international law. Governments, by and large, appear to agree. When they have used force, they have nearly always claimed self-defense as their legal justification. Governments disputing that claim have usually asserted that the legal conditions of self-defense were not met in the particular case. However, despite the apparent agreement that self-defense is governed by law, the meaning and validity of that proposition remain open to question. There are some who challenge the basic idea that the security of a state—its self-preservation—can and should be subjected to international law. Others question whether under present conditions the ideal of a rule of law can be applied on the international level to national security decisions. My aim in this essay is to explore some aspects of the problem raised by these challenges to the applicability of international law to claims of self-defense. It is not my intention, I should add, to consider specific interpretations of self-defense.","container-title":"American Journal of International Law","DOI":"10.2307/2202738","ISSN":"0002-9300, 2161-7953","issue":"2","language":"en","page":"259-277","source":"Cambridge Core","title":"Self-Defense and the Rule of Law","volume":"83","author":[{"family":"Schachter","given":"Oscar"}],"issued":{"date-parts":[["1989",4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Schachter, 1989).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY A Rationale of the Law of Kidnapping. (1953). Columbia Law Review, 53(4), 540. https://doi.org/10.2307/1119084

Currul‐Dykeman, K. (2014). Assault and Battery. In the Encyclopedia of Criminology and Criminal Justice (pp. 1–3). https://doi.org/10.1002/9781118517383.wbeccj545

Schachter, O. (1989). Self-Defense and the Rule of Law. American Journal of International Law, 83(2), 259–277. https://doi.org/10.2307/2202738

Scheb, J., & II, J. S. (2008). Criminal Law. Cengage Learning.

Subject: Law and International Law

Pages: 4 Words: 1200

Bullying: The Amanda Todd Story

Bullying: The Amanda Todd Story

[Name of the Writer]

[Name of the Institution]

Bullying: The Amanda Todd Story

The distinctive pattern of humiliating and harming others and most commonly to the people who are seemingly smaller, younger, weaker or more vulnerable than the one who bullies is known as bullying. It is not included in the aggression of garden-variety nature but is a repeated and deliberate attempt of causing harm to more vulnerable people. This behavioral style is of more durable nature because mostly at first bullies achieve what they desired. According to the report published by the NCES (National Center for Education Statistics) and BJS (Bureau of Justice Statistics), between 1 out of 4 students in America reports about bullying at school(Cohen et al., 2014). Amanda Todd a 15-year-old Canadian girl faced the bully and committed suicide later year. She was subjected to constant cyberbullying and one case of physical bullying.

According to National Centre Against Bullying defines cyberbullying as a behavior that can be overt or covert by getting aid from digital technologies such as smartphones, computers, texts, social media, websites and other platforms online available(Types Of Bullying, 2019). It can include hurtful and abusive posts or emails, videos or images, exclusion of others deliberately online, rumors and nasty gossips, and online imitation of others using the log in of theirs. While physical bullying includes pinching, tripping, kicking, pushing, hitting or damaging property. When at start Amanda go to online for meeting strangers, she was told to expose herself and consequently her snap is taken. She was later blackmailed by the man that if she did not agrees to what blackmailer demands, her nude pictures would be sent to her family and friends. Eventually, he leaked her photo online. She then moved to a new school to avoid verbal bullying at her previous school

Later the blackmailer on social media post her picture as his profile picture and contacts her new classmates. She was again verbally bullied at her new school and left school for the second time. Later in need of a friend, she met an old guy who invited Amanda to his house and had sex with her. The week later that old guy girlfriend and 15 boys group who confronted her at school shout verbal insults with the man's girlfriend punching her several times. After that event, she drank bleach in a suicide attempt but survived.

Amanda changed her school several times as a consequence of bullying but later find out it to be no solution. She goes on depressing episodes and took anti-depressants to cope with the situation. She cut herself on the forearm and even go to an extreme measure of committing suicide by drinking bleach and at other time taking pills overdosage

Prevention program for teachers at school, certain measures are required to stop bullying by fellow students(Apa.org, 2019). Teachers must be observant and take any case of bullying seriously although bullying happens mostly outside the classroom. If a case of bullying happens in the classroom, teachers must intervene and tell the authorities about the incident. Involve parents in the matter. Parents, school administrators, and teachers can help teach skills to the students and engage them in positive behavior to intervene in bullying when happened. If bullying cause students to be isolated, teachers should try to encourage friendship with the bullied student.

The most important part is played by the parents of the child. They should engage them in the conversation of open-ended nature and tell them that they would help her in any circumstances. They should take control of the child's computer usage. Monitor them and check their text messages. Her parents should report all message of threatening nature to police and make documents of any email, post and text messages.

When I was in high school, most of the bullying is of verbal and physical nature which is now changed to cyberbullying and social exclusion. If verbal bullying or physical bully happens one can leave the place but it would be of no help if cyber bully happens because the world is now a global village with having its consequences with it.

Bullying behavior is a product of children upbringing without parent's knowledge that they are exposing them. A link is found between bullying behavior and bully child-parent behavior when they try to use threats and spanking to control their children behavior. As the self-esteem at home is already been low, they felt bad about themselves and bully with the same manners to others. So bullying can be prevented at home if children assertive behavior is enhanced and firm foundations are enhanced.

References

(2019). Apa.org. Retrieved 12 May 2019, from https://www.apa.org/helpcenter/bullying

Cohen, R., Lam, D. Y., Agarwal, N., Cormier, M., Jagdev, J., Jin, T., ... & Sun, W. (2014). Using computer technology to address the problem of cyberbullying. ACM SIGCAS Computers and Society, 44(2), 52-61.

Types Of Bullying | National Centre Against Bullying. (2019). Ncab.org.au. Retrieved 12 May 2019, from https://www.ncab.org.au/bullying-advice/bullying-for-parents/types-of-bullying/

Subject: Law and International Law

Pages: 2 Words: 600

Combating Juvenile Delinquency

Combating juvenile delinquency

[Name of the Writer]

[Name of the Institution]

Combating juvenile delinquency

Juvenile reduction efforts/ programs in Atlanta

The Department of Juvenile justice in Georgia has its legal authority in every city of this state including Atlanta. The Department of Juvenile justice in Georgia is running many programs that aim at preventing the Juveniles from adopting criminal activities. The department has adopted various practices which aim at making better the juveniles attitude toward life. Majority of the department's programs are designed in such a manner that the juvenile is kept in close association with his or her family and the Juvenile protection unit of the Department of Juvenile justice in Georgia. Following two programs of the department of the juvenile justice in Georgia are among the most popular programs for juvenile reduction efforts.

Behavioral health services: The behavioral health services program offers the all-inclusive medical treatment of the juveniles who are under custody of the department of juvenile justice. The services offered to the juveniles under this program includes the treatment against the harmful sexual behaviors of others, the treatment against the mental health issues and the general counseling of the juveniles. These medical services provided to the youth by the department of juvenile justice are substance oriented and are based on the evidence-based intervention ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"y2zgvplq","properties":{"formattedCitation":"(Light, 2014)","plainCitation":"(Light, 2014)","noteIndex":0},"citationItems":[{"id":424,"uris":["http://zotero.org/users/local/s8f0QVnP/items/R3XHJPN7"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/R3XHJPN7"],"itemData":{"id":424,"type":"article-journal","title":"Police reforms in the Republic of Georgia: the convergence of domestic and foreign policy in an anti-corruption drive","container-title":"Policing and Society","page":"318–345","volume":"24","issue":"3","source":"Google Scholar","title-short":"Police reforms in the Republic of Georgia","author":[{"family":"Light","given":"Matthew"}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Light, 2014).

Chaplaincy services: The chaplaincy services program of the department of juvenile justice at Georgia ensures that the Juveniles are not been deprived of their religious rights. This program of the Juvenile department includes providing counseling that is specifically tailored on a religious basis. This program also aims at providing crisis intervention training and mentoring of the juveniles. This program is further divided into segments that are designed in such a way that a juvenile, upon completion of the program, is ready to become a healthy participant of the society. These segments include restoring the hope, teaching spiritual disciplines to youth, mentoring and involvement in a ninety-day commitment to community program ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yS6zPVD7","properties":{"formattedCitation":"(Hockenberry, 2014)","plainCitation":"(Hockenberry, 2014)","noteIndex":0},"citationItems":[{"id":425,"uris":["http://zotero.org/users/local/s8f0QVnP/items/MFLI5KJV"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/MFLI5KJV"],"itemData":{"id":425,"type":"book","title":"Juveniles in residential placement, 2011","publisher":"US Department of Justice, Office of Justice Programs, Office of Juvenile …","source":"Google Scholar","author":[{"family":"Hockenberry","given":"Sarah"}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Huckleberry, 2014)

Sociological theories

Rutter and Gilled have highlighted in their article Trends and Perspectives various theories that they believe underlie the community involvement in preventing juvenile crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HNkcWlYu","properties":{"formattedCitation":"(Rutter & Giller, 1983)","plainCitation":"(Rutter & Giller, 1983)","noteIndex":0},"citationItems":[{"id":422,"uris":["http://zotero.org/users/local/s8f0QVnP/items/95K9P3TR"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/95K9P3TR"],"itemData":{"id":422,"type":"article-journal","title":"Juvenile delinquency: Trends and perspectives","source":"Google Scholar","title-short":"Juvenile delinquency","author":[{"family":"Rutter","given":"Michael"},{"family":"Giller","given":"Henri"}],"issued":{"date-parts":[["1983"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Rutter & Giller, 1983). The behavioral health services program appears as based upon the theory of structural functionalism and delinquency theory. This theory suggests that there are some structural flaws in the upbringing of the children which makes them adopt violent practices. The behavioral health services program is therefore designed to cater to the needs of the juvenile suffering ailments such as the mental distortions caused by the family or personal issues.

The theory of differential opportunity put forwarded by Coward and Ohlin in the 1960s suggest that the psychological reasons remain predominant in making the juveniles adopt the criminal behaviors ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"plLFco6G","properties":{"formattedCitation":"(Matsueda, 1988)","plainCitation":"(Matsueda, 1988)","noteIndex":0},"citationItems":[{"id":428,"uris":["http://zotero.org/users/local/s8f0QVnP/items/8MF3G9IC"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/8MF3G9IC"],"itemData":{"id":428,"type":"article-journal","title":"The current state of differential association theory","container-title":"Crime & Delinquency","page":"277–306","volume":"34","issue":"3","source":"Google Scholar","author":[{"family":"Matsueda","given":"Ross L."}],"issued":{"date-parts":[["1988"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Matsudo, 1988). The theory also suggests that many different types of societal differences often lead to the development of a juvenile mindset. The chaplaincy services conform to this theoretical paradigm this resulting in making the juvenile healthy part of the society.

Improving the community's juvenile delinquency prevention efforts

There has always remained space for improving juvenile prevention efforts. The efforts at present are based largely on improving the conditions, once the juvenile has committed an offense. This shows that the social development programs that are based on developing the quality life aspects of minors lack effective plannings and proper materialization. For example, as Agnew argues that proper development of social programs for minor helps in eliminating the tendencies of minors towards criminal activities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"O1FLraUj","properties":{"formattedCitation":"(Agnew, 2001)","plainCitation":"(Agnew, 2001)","noteIndex":0},"citationItems":[{"id":430,"uris":["http://zotero.org/users/local/s8f0QVnP/items/BD5CCE2V"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/BD5CCE2V"],"itemData":{"id":430,"type":"article-journal","title":"Juvenile delinquency","container-title":"Los Angeles: Roxbury","source":"Google Scholar","author":[{"family":"Agnew","given":"Robert"}],"issued":{"date-parts":[["2001"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Agnew, 2001). There are some more efforts that can be practiced in terms of reducing the minor’s attention toward crime. At present, there are much less public programs that are designed considering the psychological aspects of the general public. Almost every participant of the social program is targeted on similar situations. Same is true for the minors. They are not judged individually rather they are made to learn things collectively, which at times don't suit some minors.

Works Cited:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Agnew, R. (2001). Juvenile delinquency. Los Angeles: Roxbury.

Hockenberry, S. (2014). Juveniles in residential placement, 2011. US Department of Justice, Office of Justice Programs, Office of Juvenile ….

Light, M. (2014). Police reforms in the Republic of Georgia: the convergence of domestic and foreign policy in an anti-corruption drive. Policing and Society, 24(3), 318–345.

Matsueda, R. L. (1988). The current state of differential association theory. Crime & Delinquency, 34(3), 277–306.

Rutter, M., & Giller, H. (1983). Juvenile delinquency: Trends and perspectives.

Subject: Law and International Law

Pages: 2 Words: 600

Criminal Defenses And Criminal Punishments

Criminal Defenses and Criminal Punishments

Student’s Name

Institution Affiliated

Criminal defenses and criminal punishments

The American legal system provides controversial issues, especially on how it deals with criminal punishment and types of defenses. Some of these controversies relate to concepts of self-defense, castle doctrine, defenses of immunity, entrapment, and the “three strikes” as discussed in this paper.

The lawfulness of the use of force and how the courts determine reasonable self-defense

There are many key points that American courts use to determine the lawfulness of use of force by the police. They include the severity of the crime, consideration of whether the person resisted arrest or flee away, determination of whether the arrested posed immediate danger or threat to officers or people, the mental health of the accused, the facts of the incident and the individual possessed lethal weapon or equipment. The courts vindicate the actions of the police officers based on the above determinations. American court system determines whether an incident was a case self-defense or not based on specific justifications on the incident. Self-Defense is seen self-protection to battery, assault or case of criminal homicide; however, issues of self-defense can be modified by the courts based on specific facts available in the individual incident.

For a person to claim self-defense, he or she must convince the American legal system on four elements. Firstly, the defendant must show evidence of deadly unprovoked attack or confrontation. Secondly, the defendant must show that there was an imminent threat of death or injury. Thirdly, the defendant must convince that the level or degree of force applied at the time was objectively reasonable given the prevailing circumstances. Fourthly, the defendant must prove to the court that he or she had a justifiable or reasonable fear that the attacker could kill or injure unless he or she used self-defense. The above factors are justifiable reasons for killing a person to defend oneself. If the attacker possesses a lethal weapon and shows an unwavering intention of committing a crime or assault, a person has every opportunity to safeguard his or her life through self-defense.

Castle doctrine

Castle doctrine is a common law principle stating that a person has the right to use deadly force to protect themselves against an intruder in their home, who is exhibiting evidence of committing a crime (Randall & DeBoer, 2012). The state legislatures have expanded this principle to give people the right to apply it not only at home but any other place that a person is exercising his or her duties. I support this principle because it provides every American with the opportunity to protect or defend themselves against threatening circumstances in and outside their homes. In a situation that the attacker invades legally occupied personal space such as their houses, place of work, or car, and threatening the occupant, the assaulted is permitted to attack intruder instead of retreating. Retreating in this situation gives the attacker opportunity to perpetrate other crimes, including destroying property, harming other people in the place, or unlawfully possessing a property. I view that castle doctrine is an acceptable practice since it gives the defendant the right to protect property, lives of other people and deter the would-be criminals from committing other crimes. Furthermore, castle doctrine provides the initial step for an individual to ensure personal safety by protecting themselves against criminals intending commit crimes even before law enforcement officers arrive.

The defenses of diplomatic, legislative, and witness immunity

The law provides different levels of immunity and defenses to diplomats, legislators and witnesses. Diplomatic immunity refers to the protection of foreign diplomats against criminal prosecution. The rationale of giving this protection is to safeguard the relationship between America and countries of diplomats. Legislative immunity provides senators and members of the house of representative protection against arrest while the legislature is in session. This protection, however, does not apply in cases of treason or felonies. Witness immunity means granting protection to a crime against prosecution in exchange for providing vital information to investigative agencies. It gives the government access to critical information relating to criminal activities which may be crucial in deterring future crimes or prosecuting other perpetrators.

The defenses given to diplomats, legislators and witnesses play a role in the criminal justice system. The diplomatic immunity is particularly necessary for the maintenance of peaceful cooperation and friendly relationship among states as this ensures smooth commerce and better exchange of information and ideas (Akande & Shah, 2010). Legislator’s immunity protects dignity and respect of the law-making bodies and promotes non-interference of activities of the legislative branch. Besides, protecting legislators ensure continuity of legislation process since the bills introduced by accused legislator will continue deliberated without disturbance.

The application of witness immunity gives fairness to the defense since it cushions an individual from facing charges and possible penalties in exchange for a testimony to prosecute high-level criminals. By granting witness immunity, legal balance is achieved. The criminal offense committed is excusable in exchange for information required to prosecute a dangerous criminal. The witness gets justice for not being subjected to the punitive legal system since his or her willingness to provide information exonerates crimes. It is a fair deal that benefits all parties as it prevents lawsuits against a witness and ensures that investigators acquire impactful information.

Elements of the defense of entrapment

Entrapment refers to defense of charges facing a person on the idea that the defendant committed crimes because of coercion or harassment by government officials. It means without such coercion; the defendant could not have committed the crime. Entrapment has two related elements, i.e. government officials inducing a crime, and secondly lack predisposition commit a crime. Of these elements aspect of defendant’s predisposition is crucial. If predisposition inquiry is certain that defendant committed crime through inducement, then defense entrapment is granted. Entrapment occurs when enforcement officers overly encourage or urge an individual to commit a crime that one could otherwise not commit. I think defense entrapment has little value in the American criminal law system because it is difficult to assess and requires a thorough evaluation of facts.

The “three strikes” law

Three strike statute increases prison sentence of individuals who committed a felony or other violent offenses in two or more instances. It reduces the chance that offender will get other penalties other than life sentence (United States Department of Justice, 2017). It is unacceptable practice since it curtails the individual’s right to get leaner punishment, and does not give a chance for rehabilitation. Importantly, the statute increases individual’s penalties and removes the opportunity for parole or other chance of acquitting. It also leads to overpopulation in prisons since individuals are convicted for life.

In conclusion, as noted in the study, there are many controversies in America’s criminal defenses and legal punishments. Some of these defenses and punishments are contentious as it contravenes the fundamental rights of people. Apparently, some of the defenses and punishment have been expanded to include broader definitions and jurisdictions.

References

Nelson, J (2016) How to figure out when police use of force is justified. Retrieved from https://www.dailynews.com/2016/02/06/how-to-figure-out-when-police-use-of-force-is-justified/

Randall, M & DeBoer, H (2012). The Castle Doctrine and Stand-Your-Ground Law. Retrieved from https://www.cga.ct.gov/2012/rpt/2012-R-0172.htm

Akande, D., & Shah, S. (2010). Immunities of state officials, international crimes, and foreign domestic courts. European Journal of International Law, 21(4), 815-852.

United States Department of Justice. (2018) Entrapment – Elements. Retrieved from https://www.justice.gov/jm/criminal-resource-manual-645-entrapment-elements

United States Department of Justice. (2018). Sentencing Enhancement—"Three Strikes" Law. Retrieved from https://www.justice.gov/jm/criminal-resource-manual-1032-sentencing-enhancement-three-strikes-law

Subject: Law and International Law

Pages: 4 Words: 1200

I Pledge Allegiance To The Flag

I Pledge Allegiance to the Flag

[Name of the Writer]

[Name of the Institution]

I Pledge Allegiance to the Flag

Summarize the salient points of the Supreme Court Case Elk Grove Unified School District v. Newdow.

Elk Grove Unified School District against Newdow was an unprecedented case adjudicated by the Supreme Court of United States. The Supreme Court of the United State argued that Newdow was in no position to bring the case to the court because he never had that much custody of his daughter (Quillen, 2018).

School going kids need to be adequately acquainted with the importance of liberty and the importance of being partisan in the United State of America (Martin et.al, 2017). In order to do so, every morning the teacher explains to the kids by revising the promise to demonstrate commitment. The declarations "under God" became the argument of the case Elk Grove vs. Newdow (Prouser, 2005). As during the case, Mr. Newdow contended that the declaration "under God" is in complete contradiction to his beliefs in which he believed as a nonbeliever (Russo & Mawdsley, 2007).

This conundrum appeared consistently through the course of the case in which Mr. Newdow was mired in a custody battle against his former wife Miss Banning. Miss Banning, the ex-wife of Mr. Newdow, was a believer unlike her former husband apart from being the sole custodian of their daughter who was in Elk Grove Unified Elementary. Since the rules and regulations in the California statute stripped Mr. Newdow of the right to contend a case as a buddy, he needed to have a thoughtful position in order to challenge the rules of the school in the highest court of the United States (Prouser, 2005). The condition of the position bereaves from any legitimate and prudential boundaries of the authorities of an unelected individual, misleading judiciary (Russo & Mawdsley, 2007).

Additionally, this case takes into consideration the rights of Miss Banning that allowed to have her the custody of their daughter. Furthermore, the case judgment also considered what might be the implications for their daughter as she was the center o attention of a highly anticipated community case (Quillen, 2018). Mr. Newdow's position was at a significant disadvantage as he had no right to be in any sort of connection with his daughter whatsoever apart from lacking the right to contend the petition as a subsequent buddy of her daughter. Certainly, the attentions were diverging and in complete disagreement with each other. The parental position of Newdow was determined using state law with the Supreme Court suspending the state-act interpretation within a local federal court (Prouser, 2005).

Mr. Newdow contended that his daughter reading the promise of allegiance violated his rights. While, Miss Banning, the ex-wife of Mr. Newdow did not have any issue with her daughter reading the allegiance pledge. Since Mr. Newdow struggled with the pledge of allegiance and did not possess enough custody of her daughter, the Supreme Court of the United States of America voted to roll back the decision of the inferior court that supported Mr. Newdow's view.

Discuss the levels of the court through which the case evolved before it reached the Supreme Court.

There are several levels that exist in the American judicial system before the case ends up in the Supreme Court of the United States of America. Mr. Newdow had a daughter who was studying in the public school that goes by the name of Elk Grove Unified School. The public school is located in the state of California. It is a routine activity to start the day at the Elk Grove Unified School by going through voluntarily participating in the Pledge of allegiance (Quillen, 2018). Moreover, the statements "under God" which were added in 1954 through congressional law are also revisited.

Mr. Newdow held an opinion against this routine activity of the school. Mr. Newdow moved into central court of California with a petition that contended the following; if the young kids go through the statements "under God", it infringes the American Constitution's First Adjustment establishment section (Prouser, 2005).

As Mr. Newdow was an atheist protestor, he announced that he will take the petition to the high court as soon as he completed the case in the lower court. Meanwhile, speculation was seen doing the rounds on media that impartialities would be tied at 4 and 4, which raised the demand of a panel judge in position. The real problem was whether Mr. Newdow is in a position to go in the court contending the custody of his daughter or not (Martin et.al, 2017).

Every plaintiff that intends to go to the court must meet the standing. Standing, a type of element found in every petition, that every plaintiff must meet (Martin et.al, 2017). For a decision to go in the favor of an individual, they must exhibit interest in the case that would be determined by the court. Therefore, an individual facing the death penalty must have the standing to challenge their conviction based on diversity. For this reason, the individual has a palpable motive which the Supreme Court would decide. On the other, individuals facing charges less than the death penalty have no standing to challenge their decision. To make things worse, most commentators argue that no one in the court is martinet until recently.

Explain the decision of the Supreme Court in this case in brief.

The American Supreme Court gave the ruling that the statements of “under God” are not illegal and would remain the part of the Pledge of commitment. If the American Supreme court gave ruling in the favor of Mr. Newdow, most school-going children of the state of California would be influenced and rise against the state in opposition (Quillen, 2018).

The judgment of the court suggests that the panel overlooking the case in the Supreme Court are of the view that the statements “under God” are related to loyalty and have nothing to do with faith (Martin et.al, 2017). Additionally, the Supreme Court said that each individual has a right to exercise religion. However, Mr. Newdow was in no position to bring the case to the court, the decision read.

The three fairness who thought that Mr. Newdow has standing wrote on the establishment section issue. They argued that the pattern and organization of the Pledge of commitment are legitimate (Prouser, 2005).

Some days later after the case was taken into the court, Mr. Newdow told both the Church and State about the burly nature of his case. Furthermore, Antonin Scalia, the ninth fairness, separated himself from the case. In brief, Mr. Newdow was forced to withdraw from his case for want of standing (Martin et.al, 2017).

Explain the fundamental impact that the court decision in question has had on American society in general and on ethics in American society in particular. Provide a rationale for the response.

The fundamental impact the Supreme Court of America had is related to American society and school (Quillen, 2018). Furthermore, the kids might not have a full understanding of the wording of the Pledge of commitment and what the real meaning is. In my opinion, the kids must be permitted to recite the pledge which will motivate them to serve the state one day. If the statements under the Pledge are removed, the kids would not know what our soldiers died while defending (Martin et.al, 2017). With faith gone from the Pledge, it would take away the thinking to decide what is correct or what is wrong. Therefore, the Pledge includes religious faithfulness to educate children (Martin et.al, 2017).

Discuss whether you believe that the recitation of the Pledge of Allegiance is a religious issue or a sign of respect for the United States.

The issue of whether or not the recitation of the Pledge of Allegiance is a religious issue or a display of respect to the United States has a personal aspect attached to my life to it (Humphrey, 2011). As someone who grew up in a poor and rude home, serving the country would be an option to exercise my liberty. Whenever I give a listen to the pledge of Allegiance, it reminds me of how far we have come as a country (Martin et.al, 2017). On the other hand, if a person has an issue in reciting the words of allegiance to the country, they should remain silent and do not criticize those reciting it. Therefore, a person reciting the pledge of allegiance has nothing to do with religion, it is a matter of liberty (Humphrey, 2011).

Discuss whether or not you think public schools should be allowed to recite the pledge. 

Certainly, I completely believe that the schools throughout the country should always be allowed to recite the Pledge of Allegiance (Martin et.al, 2017). School forms an important part in the learning of the child. The parents of the children work so hard to send them to school. The pledge of commitment would help the children understand how hard their parents are serving their country.

The Pledge of Allegiance is the primary source for these kids to be reminded that their liberties are guaranteed under the Pledge of Allegiance (Quillen, 2018). They would understand how people around the world are suffering from their rights being violated through repressive regimes (Martin et.al, 2017). Therefore, the Pledge of Allegiance is a way of safeguarding their rights and liberties. The schools in no situation whatsoever consider abandoning the Pledge of Allegiance (Humphrey, 2011). Although the students might be too young to fully understand the connotation of the Pledge of Allegiance, it would be inscribed on their hearts for the rest of their lives. Once they become adults, they would get to know what truly the wordings of Pledge of Allegiance mean. The kids are the future of the country and they will become the future leaders of the country. These leaders in the future would lead the country. So it is imperative to have someone at the helm that truly understands the meaning of the wordings of the Pledge of Allegiance. Certainly, the Pledge of Allegiance is merely a small initial step towards ensuring that the country remains free.

References

Humphrey, N. (2011). Newdow and the Ninth Circuit: What Happened between 2002 and 2010 to Change the Court's Opinion of the Constitutionality of the Pledge to the Flag. JL & Educ., 40, 711.

Martin, L. A., Lauzon, G. P., Benus, M. J., & Livas Jr, P. (2017). The United States Pledge of Allegiance Ceremony: Do Youth Recite the Pledge?. SAGE Open, 7(1), 2158244017701528.

Prouser, R. (2005). Elk Grove Unified School District v. Newdow. Am. UJ Gender Soc. Pol'y & L., 13, 235.

Quillen, E. G. (2018). Atheist Exceptionalism: Atheism, Religion, and the United States Supreme Court. Routledge.

Russo, C. J., & Mawdsley, R. D. (2007). Elk Grove Unified School District v. Newdow. Christianity, Education, and Modern Society, 93-106.

Subject: Law and International Law

Pages: 5 Words: 1500

Incorporating Kohlberg’s Stages Of Moral Development Into The Justice System

Kohlberg’s Morality in Criminal Justice

Name

Institution

Q. 1:

Kohlberg’s Stages of Moral Development:

Kohlberg was a renowned Developmental Psychologist who wanted to test the moral development of individuals irrespective of their ages. He argued that moral development is irrespective of the age and depends solely on personal experiences and understanding about moralities (Kohlberg, 1981). He presented his theory of Moral Development in 1958 with following stages (Kohlberg, 1981):

Preconvention morality

At this level, there is no concept of morality at all, our behavior is shaped by the consequences that we face while breaking the conventions. This level is split into further two stages:

Obedience to authority and avoidance of punishment: individual acts in a certain way not because he has some moral dispositions but because he wants to avoid punishment.

Exchange of favors: individual does good to whom he likes or whom he gets any reward or benefit. He does not show regard to those who do not attempt to reward him in any way.

Conventional morality:

It is the second level of morality in which individual develops a moral sense through internalizing social norms. This level has further two stages:

iii.Good boy/ Good Girl Orientation: Individual behaves in a certain way because he wants social approval and desirability. Those who do not show any regard for social desirability are mostly involved in anti- social activities.

iv.Social order maintenance: Individuals behave in a certain way in order to obey laws and keep social order on track. All that he cares about is society and its harmony. He tries to be good citizens.

Post convention morality

Individual rights and concept of justice determines the mortality of individuals who reach at this stage. Only 15% of the individuals reach at this level because it follows highly idealistic approach. It is categorized into further two stages:

v.Social contract: individual develops realization that rules and laws are established to benefit individuals but sometimes it is inevitable to break rules when something good is intended to attain.

vi.Universal principles: individual develops his own set of moral values that may or may not harmonize the laws.

Application of levels in Justice Department

These levels may help understand the criminal behavior of individuals through evaluating the stage of moral development that they embrace. For example, if someone committed crime with the intention of holistic well- being, he must be investigated further as he possess some moral ethics.

Q. 2:

Kohlberg used Heinz dilemma to evaluate the moral development of individuals. Officers can use various dilemmas developed by moral psychologists to assess the level of morality. Applying Heinz dilemma, if one criminal says Heinz did right because he saved someone’s life; he is at the stage 5 of post- conventional morality. If the second criminal responds by saying that Heinz did right because druggist was greedy; he is at the stage 2 of moral development, if the third criminal responds, Heinz should steal medicine because his wife expects this; he would be at the stage 3 of moral development (Kohlberg, 1981).

Q. 3.

It can be done through rewards and punishments of committing and not committing corruption and presenting a desirable model who gets reward when works honestly. Kohlberg’s theory of moral development can be applied to evaluate their current stage and interventions must be applied accordingly.

Q.4

Justice: Justice is the crux of police department and police officers must be insightful about their obligations with respect to the promotion of justice (IACP, n.d).

Beneficence: Police officer must act in a way that it is beneficial for the common people and their subordinates. They must avoid any act that disrupts the well-being of others (IACP, n.d).

Fidelity: Police officers must perform their duties sincerely and should not indulge in any activity that threatens their professional integrity (IACP, n.d).

Self improvement: they must make themselves available for the ongoing and upcoming opportunities of advancement (IACP, n.d).

References

Kohlberg, L., (1981). Essays on Moral Development, Vol l. I: The Philosophy of Moral Development. San Francisco, CA: Harper & Row.

IACP (n.d). Code of Ethics, http://www.iacp.org/codeofethics

Subject: Law and International Law

Pages: 2 Words: 600

(A Thematic Title)

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Marriage, its Rituals, and Law

Marriage is a legal relationship as a husband and wife between a man and a woman. There are different rituals of marriage and the people celebrate them according to their own cultures and religions. Most of the time it is taken as a relationship that is private and intimate that is shaped by love, commitment, and the needs of the two people. In many of the cultures, the unmarried couples that live together as a husband and wife are not given respect and are not accepted by society. This is the case in most of the eastern countries, as the society's norms and the religion do not allow this. However in many of the European and the western countries the practice of living together before marriage is common now and society is also not that strict as in the eastern countries. Though the world today has changed and the people are more liberated in their ideas, still the state controls and regulates the constitution of marriage. Laws of marriage in America are made by the individual states, not the central government ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"r7yMSvlK","properties":{"formattedCitation":"({\\i{}Marriage in the United States})","plainCitation":"(Marriage in the United States)","noteIndex":0},"citationItems":[{"id":38,"uris":["http://zotero.org/users/local/CyMh1xNF/items/LLCMAY89"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/LLCMAY89"],"itemData":{"id":38,"type":"webpage","title":"Marriage in the United States","abstract":"Getting married? Find out all you need to know to plan your wedding in the US in this InterNations article on marriage in the United States.","URL":"https://www.internations.org/usa-expats/guide/29461-family-children-education/marriage-in-the-united-states-16286","language":"en","accessed":{"date-parts":[["2019",4,19]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Marriage in the United States). The states determine the rights of the married couple towards each other, she determines the legal age to get married and the obligations and the duties of a married couple that continue in case after they get separated. The states want to promote the culture of marriage and this being the reason many rights and privileges are attached to the marriage.

After a couple gets married, each of the partners becomes connected to the family of the other one. The mirror relationships are created such as the mother of one becomes the “mother in law” of the other partner. In many of the eastern countries, it is a ritual that the bride and groom don't get a separate home for them, instead, the bride comes to the husband’s home and starts living there with the husband and his family. This practice is really common in India. However in the western countries, the married couple gets a separate house for them, and they start living there. Before marriage, the permission of the elders is asked for in many of the cultures, out of respect. It is usually the male that asks for the hand of the girl from her father, and the kids have to ask their parents separately too. If the parents do not allow, the things do not proceed. In the modern age, the permission of the parents has become just a customary thing, they are asked for permission out of respect. In America usually, things are not like that. Usually, couples do not ask for permission from their parents. People are more liberated in making their own decisions and choices.

The role of married women in the previous ages was considered only to be that of a homemaker, wife, and mother. It was restricted to these jobs only. They were not expected to do any other job and were supposed to take good care of their husbands to be a “good wife”. There is a common saying that the way to the heart of a man goes through his stomach ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xDatoCj5","properties":{"formattedCitation":"(Neuhaus)","plainCitation":"(Neuhaus)","noteIndex":0},"citationItems":[{"id":40,"uris":["http://zotero.org/users/local/CyMh1xNF/items/S66PYMX7"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/S66PYMX7"],"itemData":{"id":40,"type":"article-journal","title":"The Way to a Man's Heart: Gender Roles, Domestic Ideology, and Cookbooks in the 1950s","container-title":"Journal of Social History","page":"529-555","volume":"32","issue":"3","source":"JSTOR","archive":"JSTOR","abstract":"[In \"The Way to a Man's Heart: Gender Roles, Domestic Ideology and Cookbooks in the 1950s,\" I examine how cookery texts from the post-World War II era revealed a marked ambivalence about male and female gender norms. I argue that contrary to assumptions about the role of cookbooks and cookery rhetoric in maintaining the domestic ideology which Friedan termed \"the feminine mystique,\" these texts demonstrated an awareness of and impatience with the tedium of housekeeping. While many texts did emphasize \"traditional\" gender roles, and often described particular foods as gendered (gelatin salads were designated for women while only hearty hunks of meat could satisfy a man's appetite), they also often contradicted that message by acknowledging that daily food preparation could be boring and by noting the fact that many women were working outside the home. Most subtly, cookbooks actually undermined their own authoritative demand for domesticity by articulating and reiterating the norms they struggled to uphold. Like much popular literature from the postwar era, these cookbooks were complex and multi-layered documents. Although I read these texts first and foremost as a social historian, I also draw upon analytical resources from critical theory and cultural studies to support my argument.]","URL":"https://www.jstor.org/stable/3789341","ISSN":"0022-4529","shortTitle":"The Way to a Man's Heart","author":[{"family":"Neuhaus","given":"Jessamyn"}],"issued":{"date-parts":[["1999"]]},"accessed":{"date-parts":[["2019",4,19]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Neuhaus). A woman that was good at the house chores and was really good at cooking the food, was considered to be a good housewife. Women were restricted to their roles for the centuries, however, the time has changed now and the people don't think the same way as they used to, and they have become a lot open-minded. Still, in some parts of the world, women suffer from oppression and they are not allowed do the jobs. They are supposed to fulfill the roles of good housewife and a good mother and are not allowed to make decisions of their own choice.

Despite the cultural, and the social differences the laws everywhere are meant to protect the legal rights of both the partners. The share in the property is predetermined, and the rights of the married couple are secured. In case the couple gets to separate the law enforcing agencies make sure that both the parties get their due share in the property. Such a facility is not given to the couples that live together illegally and then get separated. With the institution of marriage, many of the responsibilities are also attached. The couples are legally obliged to support each other. In the older times to support was the responsibility of the husband only however the concept has changed now and both have equal responsibility. The state gives the right to both the man and the woman to get divorced if they want to separate. Divorce is also a legal process of separation between the married ones. The legal process is followed and the rights of both the parties are protected by the law.

Marriage is not the just a couple living together and having an intimate relationship, rather it is about sharing your life with some other person. It is a process by which two people announce their relationship publically, and make it permanent, and official (“Marriage”). By sharing life, it means that you have to take care of the other person’s needs, have to make compromises too, that’s why couples are called life partners.

Works Cited

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY “Marriage.” Psychology Today, https://www.psychologytoday.com/basics/marriage. Accessed 19 Apr. 2019.

Marriage in the United States. https://www.internations.org/usa-expats/guide/29461-family-children-education/marriage-in-the-united-states-16286. Accessed 19 Apr. 2019.

Neuhaus, Jessamyn. “The Way to a Man’s Heart: Gender Roles, Domestic Ideology, and Cookbooks in the 1950s.” Journal of Social History, vol. 32, no. 3, 1999, pp. 529–55. JSTOR, JSTOR, https://www.jstor.org/stable/3789341.

Subject: Law and International Law

Pages: 3 Words: 900

(A Thematic Title)

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Sibling Marriage

Introduction

As per the United States, Supreme Court sibling marriage is illegal as it involves genetic harm with the production of a genetically deformed child. The reason behind this law is that the children of that sibling will be at a higher risk. It is immoral in nature as it is concerned to the emotions of the conceived child that the siblings give birth. These arguments as valid about sibling marriages. The proponents of same-sex marriage support this view.

Historical Perspective

Sibling marriage was practiced in ancient societies like that Roman-Egypt and some parts of the African tribes. The practice might be found in the isolated societies in a few cases but this was open to the upper segment of the society.

The US Constitution on Sibling Marriage

The US constitution, according to the fourteenth amendment that ratified in 1968 gives freedom and choice to marry any person from another race. An individual can bring up children and establish a home. The right to marry has long been among the personal privileges of an individual. Moreover, the constitution guarantees the right to ‘privacy’ but it encircled by different misleading approaches ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4VCJmtsN","properties":{"formattedCitation":"(Bratt)","plainCitation":"(Bratt)","noteIndex":0},"citationItems":[{"id":332,"uris":["http://zotero.org/users/local/orkqtrjP/items/96BLEXX2"],"uri":["http://zotero.org/users/local/orkqtrjP/items/96BLEXX2"],"itemData":{"id":332,"type":"article-journal","title":"Incest Statutes and the Fundamental Right of Marriage: Is Oedipus Free to Marry?","container-title":"Law Faculty Scholarly Articles","URL":"https://uknowledge.uky.edu/law_facpub/96","shortTitle":"Incest Statutes and the Fundamental Right of Marriage","author":[{"family":"Bratt","given":"Carolyn"}],"issued":{"date-parts":[["1984",1,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bratt). While the right of choice of marriage is at the heart of the right of privacy ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Tz1keuiu","properties":{"formattedCitation":"(Moore v)","plainCitation":"(Moore v)","noteIndex":0},"citationItems":[{"id":334,"uris":["http://zotero.org/users/local/orkqtrjP/items/AR7TVDQX"],"uri":["http://zotero.org/users/local/orkqtrjP/items/AR7TVDQX"],"itemData":{"id":334,"type":"webpage","title":"Moore v. City of East Cleveland, 431 U.S. 494 (1977)","container-title":"Justia Law","abstract":"Zoning ordinances cannot restrict members of a traditional family from living together.","URL":"https://supreme.justia.com/cases/federal/us/431/494/","language":"en","author":[{"literal":"Moore v"}],"accessed":{"date-parts":[["2019",4,6]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Moore v). Moreover, the court views the right to marrying older than the fundamental rights. Because the right to marry has similarity with an individual's choices that fall within the constitutionally protected areas.

Strengths of the Argument

Sibling marriage would possibly bring a radical shift in the moral and cultural system of the country. Moreover, Sibling marriage is widely denounced in the country and around the world. In addition, sibling marriage is immoral as it damages and undermines the family relationship. While the conceived child will have psychological implication as the society has already denounced the culture of sibling marriage unless it is altered by society in various ways.

Countries Allow Sibling Marriage

There is no country in the west and around the world that allow sibling marriage. Sweden, however, is the only European country that allows ‘half-sibling marriage'. It is only after someone receives counseling on sibling marriage. Moreover, the siblings will not be permitted to produce a child.

Weaknesses of the Argument

The weaknesses of the argument are that Sibling Marriage combines ‘Consensual Sex' with ‘Sibling Marriage', ‘Adultery', and ‘Polygamy' as discussed by Senator Rick Santorum during an interview in 2003:

“If the Supreme Court states that you have a right to consensual sex inside your home, then you also have the right to incest, you the right to bigamy, you have the right to polygamy, and you have the right to adultery and you have the right to everything.”

Another justification for the sibling marriage is that it may be necessary and permissible for the protection of children and family units from the harms caused by sibling marriage. The description of the modern family is very much broad. While remarriage and divorce are common in today's societies. The adults are more prone to this. In addition, there exist an increased number of family units and structures. Moreover, a combination of such units results in a sibling marriage. In addition, the primary purpose of those units is to maintain peace and stability. The sibling marriages are either too broad or too narrow for protecting family units. Therefore, there come impediments because of the earlier defined laws. Currently, after the wave of LGBT, the society conflates Sibling Marriage with LGBT. However, there is a difference between the two approaches.

The Religious Argument

The religious beliefs have significant criticism of the sibling marriage by characterizing it coterminous and immoral. Religion, however, constitutes the understanding of sibling marriage. The marriage laws in the US are particularly shaped by the religious beliefs of Christianity and Judaism. Marriage, however, in Europe was initially a religious concern. It US law largely derived European history. The Church law and the Canon law defined the incestuous relationships in which marriage was prohibited. The Canon laws were not static while the Church laws were expanded to a great extent. Because marriage was viewed as a union between husband and wife relationship.

The Genetics Argument

There exist genetically deformed conception of the above argument. Certainly, as it applies to a very narrow range of sibling marriage such as vaginal intercourse between the two opposite and fertile partners without adequate contraception. While sibling marriage is much broader in scope and requires comprehensive arguments.

The common argument among the people is that sibling marriage increases the potential for genetic diseases by three percent ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"TtDOgNBu","properties":{"formattedCitation":"(Bennett et al.)","plainCitation":"(Bennett et al.)","noteIndex":0},"citationItems":[{"id":327,"uris":["http://zotero.org/users/local/orkqtrjP/items/28UJK4NM"],"uri":["http://zotero.org/users/local/orkqtrjP/items/28UJK4NM"],"itemData":{"id":327,"type":"article-journal","title":"Genetic Counseling and Screening of Consanguineous Couples and Their Offspring: Recommendations of the National Society of Genetic Counselors","container-title":"Journal of Genetic Counseling","page":"97-119","volume":"11","issue":"2","source":"PubMed","abstract":"The objective of this document is to provide recommendations for genetic counseling and screening for consanguineous couples (related as second cousins or closer) and their offspring with the goals of1. providing preconception reproductive options2. improving pregnancy outcome and identifying reproductive choices3. reducing morbidity and mortality in the 1st years of life, and4. respecting psychosocial and multicultural issues.The recommendations are the opinions of a multicenter working group (the Consanguinity Working Group (CWG)) with expertise in genetic counseling, medical genetics, biochemical genetics, genetic epidemiology, pediatrics, perinatology, and public health genetics, which was convened by the National Society of Genetic Counselors (NSGC). The consensus of the CWG and NSGC reviewers is that beyond a thorough medical family history with follow-up of significant findings, no additional preconception screening is recommended for consanguineous couples. Consanguineous couples should be offered similar genetic screening as suggested for any couple of their ethnic group. During pregnancy, consanguineous couples should be offered maternal-fetal serum marker screening and high-resolution fetal ultrasonography. Newborns should be screened for impaired hearing and detection of treatable inborn errors of metabolism. These recommendations should not be construed as dictating an exclusive course of management, nor does use of such recommendations guarantee a particular outcome. The professional judgment of a health care provider, familiar with the facts and circumstances of a specific case, will always supersede these recommendations.","DOI":"10.1023/A:1014593404915","ISSN":"1059-7700","note":"PMID: 26141656","shortTitle":"Genetic Counseling and Screening of Consanguineous Couples and Their Offspring","journalAbbreviation":"J Genet Couns","language":"eng","author":[{"family":"Bennett","given":"Robin L."},{"family":"Motulsky","given":"Arno G."},{"family":"Bittles","given":"Alan"},{"family":"Hudgins","given":"Louanne"},{"family":"Uhrich","given":"Stefanie"},{"family":"Doyle","given":"Debra Lochner"},{"family":"Silvey","given":"Kerry"},{"family":"Scott","given":"C. Ronald"},{"family":"Cheng","given":"Edith"},{"family":"McGillivray","given":"Barbara"},{"family":"Steiner","given":"Robert D."},{"family":"Olson","given":"Debra"}],"issued":{"date-parts":[["2002",4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bennett et al.). This view may not be significant because it involves probability and harm to the siblings. In the case of sibling marriage, small harm will be considered a potential level of harm. In this regard, gene therapy has intensely decreased the dangers of a congenital disease that arise in the fetus. For that, prenatal screening enables doctors to examine various diseases in amniotic fluid and blood.

The Family Argument

The family Argument has wider application than the previous arguments. The Family argument describes that sibling marriage has broader social and moral implications. It has three elements: undermines the family, a family becomes an emotional center, and emotional centers are immoral to be undermined.

To counter the above-discussed arguments. First, in societies where siblings’ marriages are neglected and viewed consistent, they begin to date for producing younger such as in the case of Adam and Beth. They, after marriage came to know that they are siblings. Now they have two choices, either to get divorced or continue their relationship. Second, society draws a severe line between other relationships and family relationships. But it will be proved difficult. In the contemporary family arrangements, the drawn will be in trouble for stepsiblings, in-laws and other such kinds of people. However, there are numerous kinds of relationships based on blood and others are based on love – the non-blood relationship. For example, the sibling relationship has been perceived that it will put the family in jeopardize. Lastly, one can easily challenge both sibling and non-sibling relationship with differences in kind and degree. For example, Darwinism views that the humans and the chimpanzees are different in degree but the same in kind.

The General Prevention of Sibling Marriage

Sibling marriage is both artificial and natural in its preventions. It worries from society to society and from time to time. But it is viewed as artificial as one can easily justify his claim that adult-minor sex is also prohibited. People, after all, understand that there exists a grey area when marrying an adult-minor child. However, he may be more adult, but in the case of law he has to provide some evidence.

Conclusion

There is a great overgeneralization of sibling marriage in contemporary societies. On the other hand, society accepts and unrelated people with a robust emotional relationship. Therefore, there could possibly be no reason to distinguish between the two kinds of relationships. There is a categorization of the relationships such as friends, colleagues, roommates and family members. In addition, the sibling relationship habitually turns out critically as such harms result in ostracism, guilt, and shame. However, there are no ethics entirely for sex.

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Bennett, Robin L., et al. “Genetic Counseling and Screening of Consanguineous Couples and Their Offspring: Recommendations of the National Society of Genetic Counselors.” Journal of Genetic Counseling, vol. 11, no. 2, Apr. 2002, pp. 97–119. PubMed, doi: 10.1023/A: 1014593404915.

Bratt, Carolyn. “Incest Statutes and the Fundamental Right of Marriage: Is Oedipus Free to Marry?” Law Faculty Scholarly Articles, Jan. 1984, https://uknowledge.uky.edu/law_facpub/96.

Moore v. "Moore v. The city of East Cleveland, 431 U.S. 494 (1977)." Justia Law, https://supreme.justia.com/cases/federal/us/431/494/. Accessed 6 Apr. 2019.

Subject: Law and International Law

Pages: 4 Words: 1200

2019 Mid-session Exam

Part A

Negligence Law

Issues-Damages done to Bob and Lucinda

Negligence refers to non-compliance with the adequate care of skills. In this regard, three major elements need to be satisfied for a successful case (Duty of care, breach of care, and damage) (Maguire, and Banks, 2015). In the year 2002, civil law was enacted that made a few changes in the negligence law. According to Section 5 of the Civil Law Act, the plaintiff should prove a case in which harm or injuries are reasonably foreseeable (Stickley, 2016). In the given case, Bob sustained injuries as scaffolding partly collapsed and he got crushed under them. Also, he had to undergo a rehabilitation process. Therefore, the injuries sustained by Bob are reasonably foreseeable, and he can prove that before court. The incident took place on the footpath. Under the law, Triumph Constructions Ltd failed to comply with the duty of care which resulted in an accident.

Duty of care-To prove a successful duty of care, the complainant is required to prove establish that the actions carried out of by the defendant can lead to harming any individual, and in this case, the plaintiff was at the receiving end (Luntz et al., 2017). This particular aspect is called neighbor principle from Donoghue v Stevenson 1932 (Barker et al., 2012). In the given, Triumph Constructions Ltd is expected to lose the case as the company was under the obligation to ensure the safety in the proximity of their construction site. In this context, the safety means being safe from any physical or mental harm.

Breach of Duty- to establish the breach of duty the complainant is required to establish that injuries or harm caused by the action of defendant were reasonably foreseeable and that could have been avoided (Cassel, 2016). In the given case, the physical injury sustained by Bob, and the fear developed by Lucinda are reasonably foreseeable. Had Triumph Constructions Ltd acted responsibly then the incident could have been avoided. The joints of Scaffolding were not tightened properly which caused the accident. Also, Lucinda witnessed the accident as she was on the other side of the road. The incident adversely affected her mind as she developed fear of construction site to an extent that now she is afraid of leaving her home. The authorities of Triumph constructions should have carefully considered the safety measures before carrying out construction work. They should have realized that there was a footpath under their scaffolding, and as a result of their negligent behavior, the pedestrians could have been at risk.

Damages-are satisfied as Triumph Construction Ltd was the Construction Company that installed scaffolding. Therefore, it was the companys responsibility to check if the scaffolding was secure enough but it was not the case, the part of scaffolding collapsed as it was not tightened properly. A pedestrian named Bob got seriously injured as he was walking past underneath. Bob had to go through long rehabilitation process as a result of injury. Further, the accident caused a negative impact on the mind of Lucinda as she developed the fear of construction site. Finally, all the three elements are satisfied by Bob and Lucinda. The events indicate that Triumph Construction Ltd has been negligent in performing their duties. The company had the duty of care but they were in the breach of duty which caused an accident that could have been avoided had the company not been negligent. Also, both Bob and Lucinda sustained injuries and developed fear from construction sites respectively. Hence, Bob and Lucinda are in a strong position to file damages claim against Triumph Constructions Ltd according to the Law. The negligence of Triumph Constructions Ltd caused physical and mental harm to Bob and Lucinda respectively.

Contributory Negligence this refers to the negligence on plaintiffs part which also contributes to any harm and defendant can use it against plaintiff (Barry, C., 2017). In the given case, the plaintiff Bob does not seem to have committed any negligence because he was just walking past which means defendant Triumph Construction is responsible for the accident.

Part-B

Duty of Care

Issue-Is there a duty of care owed by Henry

Apparently, it seems as it the advice given by Henry to Emily proved to wrong, and as a result, she lost her investment. In this regard, important point to consider is the non-professional settings in which Emily received advice from Henry. They both had conversation with each in a plane which means Emily did not approach Henry to seek a financial advice regarding any investment (Cassel, 2016). Considering the fact, Henry was an adult she should have solely relied on the advice given by Henry. Henry was a businessman, and he may have enough business experience but when comes to making investment, one needs to be careful, and keep into account all the necessary elements because investment in the all the plans and schemes are not safe all the time. Although it was the moral responsibility of Henry to provide Emily with a right piece of advice but Emily cannot throw all the blame on Henry. In his defense, he can come up with the argument that he gave suggestion to Emily in a good faith, so, the onus was on her to consider other elements before making investment.

In the given case, Henry does not owe duty of care because the advice given by him was not in professional settings. However, the company X Ltd is responsible because Emily made her investment in that company. According to the given scenario, Emily should have taken into account the risk factor as the company was about to launch a revolutionary engine which means this part of the business was not already established. Therefore, relying on some strangers advice was not a wise thing to do especially when it comes to making investment of all the savings. She could sue X Ltd as the company owed duty of care when Emily invested all her money into the company.

Damages- Emily suffered a loss as lost most of her investment because she lost most of her money as she invested all her savings (Barker, 2017). Emily can appeal in the court for recovery of all the money and she could claim that she misled about making investment in X Ltd, and as a result she lost most part of her money.

Application- Emily can file an application in which she can mention about Henry as he was the one who misled her, and as result Emily lost her money after making investment as the company was new to the business. Although, the words of Henry misled Emily, but it was a verbal and informal discussion, and Emily does not have any written proof against Henry. However, she can make claim against the company as the company was supposed to protect the investment.

Moreover, in the given case, Emily herself has been negligent because she did not carefully understand the situation thoroughly. In this context, she should have realized that company was about to launch the new product, so, there was a risk as far as investment in X ltd was concerned. In this regard, the onus was on her. One should always be careful while investing heavily in any company. The appropriate mix of investment must be considered. Also, one should draw a personal financial roadmap. The current economic conditions need to be closely analyzed to make sure that investment is safe. However, Emily did not consider these elements before making investment of all her saving. Hence, there is negligence on Emilys part as well.

Bibliography

Stickley, A.P., 2016. Australian torts law. LexisNexis Butterworths.

Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012. The law of torts in Australia. Oxford University Press.

Barry, C., 2017. Statutory modifications of contributory negligence at common law. Precedent (Sydney, NSW), (140), p.12.

Cassel, D., 2016. Outlining the Case for a Common Law Duty of Care of Business to Exercise Human Rights Due Diligence. Business and Human Rights Journal, 1(2), pp.179-202.

Foley, M. and Christensen, M., 2016. Negligence and the Duty of Care A Case Study Discussion. Singapore Nursing Journal, 43(1).

Hunter, J., Henning, T., Edmond, G., McMahon, R., Metzger, J. and San Roque, M., 2016. The Trial Principles, Process and Evidence. LAW INSTITUTE JOURNAL.

Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G. and Harder, S., 2017. Torts cases and commentary. LexisNexis Butterworths.

Maguire, R.L. and Banks, A., 2015. The risk of negligence following the failure of a human replacement function in an automated system.

Enterprise Law PAGE 2

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Subject: Law and International Law

Pages: 4 Words: 1200

2019 Presentation To Homicide Detectives And Crime Scene Techs

Latashia Hurt

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Course Number

Date

2019 Presentation to Homicide Detectives and Crime Scene Techs

America’s President Kennedy, his wife, Jacqueline Kennedy, and Vice President Johnson went on a fundraising trip to Texas on November 21, 1963. It was an effort to bring together a disputing Democratic Party. On November 22, 1963, at 12:30 pm, President John F. Kennedy was murdered while riding a motorcade on a campaign official visit. Shots were heard as Kennedy’s motorcade crossed the Texas School Book Depository at Dealey Plaza. The President’s driver rushed to the nearest Parkland Memorial Hospital but Kennedy was declared dead at 1 p.m. after getting shot in the head and the neck. A new employee Lee Harvey Oswald who worked at Book depository was arrested in the charge of JFK’s assassination and the murder of J.D. Tippit, a Dallas patrolman.

Multiple theories have originated and the most recent ones include criminal conspiracy which links the death of the President to CIA, the U.S. Military, Cuban President Fidel Castro, Mafia, Vice President Johnson, KGB and more similar entities (Summers). Some of the evidence related to the assassination are critically analyzed below. 

Inadequate Security Measures

Roy Kellerman, the leader of the security detail, was unaware of the current situation. 

He assumed that a firecracker had gone off. William Greer who was positioned at the wheel of the president’s car did not instantly speed up or deviated from the shots. Paul Landis and Jack Ready did not cover the president from being shot with their bodies. Clint Hill who was behind the presidential limousine kept the First Lady from leaping off the back during the shooting. 

After the assassination of William McKinley, Secret services were allotted the duty of protection of president in 1901. The murder of President Kennedy was the only case after Secret Services took charge. 

Even though the investigation conducted by Warren Commission was led by good faith with high reliability, but reports showed opposite in major aspects like the presentation of pieces of evidence accessible to Commission, scope on the matter of possible conspiracy in murder. It was a regret that the Commission failed to fulfill its promise. (“Findings”)

Death Conspiracy

FBI Director J. Edgar Hoover sent a memorandum to the White House in December 1966, which said Communist representatives thought the assassination was a well-organized far-right conspiracy. It was observed by the FBI’s source (Pruitt).

According to the committee's entire investigation, the FBI, the Secret Service, and the CIA did not take any part in the assassination. However, the committee did agree to the statement that p a conspiracy behind the murder of president. Unofficially, it disclosed that their investigation could not identify people or organizations involved in it or the level of the conspiracy (“Findings”).

Gun Shot Evidence and Probability of Two gunmen

The committee tried to gain the maximum benefit of scientific analysis in discovering issues related to the murder (“Findings”).

The doctors who attended to Kennedy in the Parkland Emergency Room conversed the President’s injuries in a news conference. Though the Parkland staff provided Kennedy and Connally the best treatment, their statements regarding the nature of the wounds were muddled, inconsistent, and often flawed. Authors of the conspiracy having a field day with them claimed that the back of Kennedy’s head was blasted out and that the entrance in Kennedy’s neck was the bullet wound.

Day after the assassination, Harper Fragment was found in Dealey Plaza which was identified as a bone from a human skull by the doctor A.B. Carins. The conspiracy books claimed that the fragment was discovered from the behind the limo when Kennedy’s head blasted. If the claims are accurate, it means the back of Kennedy’s head was blasted out, implying that the shooter was present in front of Kennedy and the autopsy photos and x-rays were faked.

The video recordings of the assassinations showed the gunfire in detail. The Zapruder film showed the movement of the President's head to the back and the left due to a recoil effect. After the analysis of these videos, the conspiracy theory about the second gunman was proved wrong. The official autopsy findings were considered correct: JFK was shot by the same type of gun Lee Harvey Oswald carries. The shots fired from the area of the Texas School Book Depository building situated behind the motorcade. (JFK Was Not Shot from the Grassy Knoll, Suggests New Research | EurekAlert! Science News).

The committee comprehensively employed scientific analysis for assisting in resolving several issues. They considered all the available evidence for the evaluation of the scientific analysis. In conclusion, in the light of the scientific evidence found by the committee developed a high possibility that two gunmen fired shots at President John f. Kennedy. The other scientific evidence present did not impede the chance of two gunmen shooting fire at the President, but it did deny some detailed conspiracy accusations. (“Findings”)

Suspicious Deaths 

The rising star of the State Department, Charles Thomas had served in different regions across Africa and Latin America. He performed so well that his colleagues believed that he would become an ambassador. He was persistent to reveal the truth of JFK’s assassination. But later he lost his job and will to live. According to newspapers, the family of Thomas admits his incident is complicated. However, they are convinced that in case the personal records of Thomas were misplaced and wrongly filed, it conspired. Misfiling cannot be a reason for his loss of a job. They are sure that the career failure of Thomas is due to the reason that senior officers did not want him to reopen the investigation of the JFK assassination. He had tried hard for that, but to eliminate the chance that any facts were revealed, he was fired. 

Penn Jones Jr., an American journalist brought light to the claims of suspicious deaths of witnesses which were somehow linked to the assassination of Kennedy (HSCA Report).

Later Jim Marrs compiled a list which had names 103 people, which he thought has died conveniently under mysterious conditions. He stated that the deaths mentioned in the list were connected to the investigations and examinations conducted by the House Select Committee on Assassinations, New Orleans D.A, Warren Commission, Senate Intelligence Committee and Jim Garrison (Marrs).

Conclusion

On November 22, 1963, the moral shooting of America’s 35th president, John F. Kennedy, when he was riding a motorcade in Dallas, took place 56 years ago from today. Still, his assassination is wrapped in conspiracies and theories, no one to date does not know what exactly happened.

Each factor and event involved in or related to the assassination has been under debate for years and yet not absolute was concluded. The accused killer, Lee Harvey Oswald, was a former U.S. Marine who had strongly supported communalism and deserted to the Soviet Union for a period. He was only accused of the murder as he never stood trial. It was because, he was killed by Jack Ruby, as he was being relocated after his detention. Ruby was a troubled nightclub owner in Dallas. Before death, when Oswald was questioned by the press and the law-enforcement, he continuously claimed that he was innocent and that he was used merely as a pawn.

It was previously believed that when government classified information would be made public and accessible for everyone, after finding out what the government had tried to keep secret, it would be possible to bring closure. But even after decades, the conspiracy and speculation still have not been justified or rejected. 

Work Cited

“Findings.” National Archives, 15 Aug. 2016, https://www.archives.gov/research/jfk/select-committee-report/part-1d.html.

“Findings”---. National Archives, 15 Aug. 2016, https://www.archives.gov/research/jfk/select-committee-report/part-1c.html.

“Findings”---. National Archives, 15 Aug. 2016, https://www.archives.gov/research/jfk/select-committee-report/part-1b.html.

HSCA Report. IV, https://www.maryferrell.org/showDoc.html?docId=957#relPageId=458. Accessed 4 Dec. 2019.

JFK Was Not Shot from the Grassy Knoll, Suggests New Research | EurekAlert! Science News. 25 Apr. 2018, https://www.eurekalert.org/pub_releases/2018-04/e-jwn042518.php.

Marrs, Jim. Crossfire: The Plot That Killed Kennedy. Revised, Updated Edition, Basic Books, 2013.

Nalli, Nicholas R. “Gunshot-Wound Dynamics Model for John F. Kennedy Assassination.” Heliyon, vol. 4, no. 4, Apr. 2018. www.ncbi.nlm.nih.gov, DOI:10.1016/j.heliyon.2018.e00603.

Pruitt, Sarah. “JFK Files: Cuban Intelligence Was in Contact With Oswald, Praised His Shooting Ability.” HISTORY, https://www.history.com/news/what-the-jfk-assassination-files-say-declassified-release-oswald. Accessed 4 Dec. 2019.

Summers, Anthony. Not in Your Lifetime: The Defining Book on the J.F.K. Assassination. https://www.amazon.com/Not-Your-Lifetime-Defining-Assassination/dp/1480435481. Accessed 4 Dec. 2019.

Subject: Law and International Law

Pages: 4 Words: 1200

2ND MAJOR WRITING ASSIGNMENT

Your Name

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Francesco Vincent Serpico

Francesco Vincent Serpico was a real hero who showed that a protector of weaker sections of humanity is not allowed to violate someone’s wealth and property. If a person who is supposed to protect someone violates it his penalization should be multifold. Serpico is a retired officer of NYPD, who got fame after he testified against corruption in his department. This story became even more famous when a film named “Serpico” was released in which Al Pacino played the leading role. Frank Vincent stood up against corruption and bribery in the New York City police department. He refused to take any bribes and also prevented others from doing the same. He was hated and criticized in his department but he stuck to his principles. His persistence ultimately led an Article from the New York Times to stirred people up and form Knapp's commission to inspect the falling ethics of the New York Police department.

He believed that it is a policeman's responsibility to protect citizens of the country according to the laws of the country. He believed that some laws are specific to certain regions but values are and ethics are the same throughout the world. He ensures that the protection and carrying out of those values is the basic part of a policeman's job. His job in the Police department started in September 1959, when he joined NYPD as a probationary patrolman and later became a full patrolman. He also served in the Bureau of criminal identification and after that, he was appointed to work in Plainclothes, this was the place where he exposed a lot of corruption that was carried out in the Police department. Serpico served in Manhattan and Brooklyn to uncover widespread bribery and corruption cases. There he found many credible pieces of evidence of corruption and dishonesty, however, nothing materialized until he met another police officer named David Durk. Frank Serpico said, “A policeman’s first obligation is to be responsible to the needs of the community he serves. The problem is that the atmosphere does not yet exist in which an honest police officer can act without fear of ridicule or reprisal from fellow officers. We create an atmosphere in which the honest officer fears the dishonest officer and not the other way around” ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OEnhgG83","properties":{"formattedCitation":"({\\i{}Frank Serpico | Americans Who Tell The Truth})","plainCitation":"(Frank Serpico | Americans Who Tell The Truth)","noteIndex":0},"citationItems":[{"id":106,"uris":["http://zotero.org/users/local/cYhHNKoU/items/XHD3MYTI"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/XHD3MYTI"],"itemData":{"id":106,"type":"webpage","title":"Frank Serpico | Americans Who Tell The Truth","URL":"https://www.americanswhotellthetruth.org/portraits/frank-serpico","accessed":{"date-parts":[["2019",11,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Frank Serpico | Americans Who Tell The Truth). Serpico refused to take any monthly cashback and as a result of insecurities, his fellows feared that he would reveal their wrongdoings to some public forums. This strong sense of duty and moral code created a hostile and dangerous work environment for himself.

The main story that he contributed to came in April of the year 1970 when a New York Times story covers the corruption that was being carried out within the police. The city’s Mayor John V. Lindsay appointed a panel of five people to examine the stories of police corruption, the commission was named after its head, Whitman Knapp ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"RkKs0meo","properties":{"formattedCitation":"(Petit)","plainCitation":"(Petit)","noteIndex":0},"citationItems":[{"id":109,"uris":["http://zotero.org/users/local/cYhHNKoU/items/UC79VZYN"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/UC79VZYN"],"itemData":{"id":109,"type":"article-journal","title":"What executives can learn from Frank Serpico","container-title":"Journal of Business Case Studies (JBCS)","page":"29-34","volume":"7","issue":"5","author":[{"family":"Petit","given":"Francis"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Petit). All these incidents meant that the hatred for him grew among his people. During a drug arrest attempt next year he was shot by a suspect during the incident. He bleeds plentifully but his comrades ignored him. Serpico was lucky that an elderly man who was living next to that apartment noticed him and called for an emergency. When the police car later arrived, they found out that he was a fellow police officer and then they transported him to a nearby hospital. This was later revealed that the accident was an alleged trap for him. He survived and give testimony regarding this event. Serpico was also later reluctantly awarded a Medal of Honor for this incident.

The Knapp commission presented its final report in December 1972. The commission gave some recommendations of the presence of an internal affair department that specifically deals with corruption issues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"XzzmPaXi","properties":{"formattedCitation":"(Petit)","plainCitation":"(Petit)","noteIndex":0},"citationItems":[{"id":109,"uris":["http://zotero.org/users/local/cYhHNKoU/items/UC79VZYN"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/UC79VZYN"],"itemData":{"id":109,"type":"article-journal","title":"What executives can learn from Frank Serpico","container-title":"Journal of Business Case Studies (JBCS)","page":"29-34","volume":"7","issue":"5","author":[{"family":"Petit","given":"Francis"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Petit). Knapp's commission also recommended that the accountability of commanders and officers should be increased as well. The betterment of the selection and recruitment process was also recommended.

Questions were raised about the environment in which the Serpico shooting happened. During the incident, the shooting took place when his accompanied officers didn’t follow him into the apartment where the suspect was supposed to be hiding. When Serpico realized that he turned back and that was the moment when he was shot in the face leaving him deaf in one of his ears. This scenario raised many questions about the authenticity of the incident that whether it was an actual incident or he was brought by his companions to get murdered. However, despite the seriousness of the accident no formal investigation was carried out.

In his testification to the Knapp commission Serpico stated that he hopes that no one in the police department will have to go through the difficulties, hardships, anxiety and above all frustration that he had to face. He further stated that in the past five years because of his work against corruption he was made to feel that he has put extra pressure and unwanted work on his superiors. He considered the lack of atmosphere to be honest and dutiful is yet to be established within the police department. There is a lack of confidence among people in their fellow officers that whether they will corporate with them even if some of them may want to expose corruption. He focuses on the formation of creating an independent commission that is free and independent of any influence like the Knapp commission ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ggBqmJew","properties":{"formattedCitation":"(\\uc0\\u8220{}Excerpts From the Testimony by Serpico\\uc0\\u8221{})","plainCitation":"(“Excerpts From the Testimony by Serpico”)","noteIndex":0},"citationItems":[{"id":108,"uris":["http://zotero.org/users/local/cYhHNKoU/items/WSK6K2I8"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/WSK6K2I8"],"itemData":{"id":108,"type":"article-newspaper","title":"Excerpts From the Testimony by Serpico","container-title":"The New York Times","section":"Archives","source":"NYTimes.com","abstract":"excerpts from Detective Serpico's testimony before Knapp Comm; illus","URL":"https://www.nytimes.com/1971/12/15/archives/excerpts-from-the-testimony-by-serpico.html","ISSN":"0362-4331","language":"en-US","issued":{"date-parts":[["1971",12,15]]},"accessed":{"date-parts":[["2019",11,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Excerpts From the Testimony by Serpico”). Serpico was among the very few people at that time that came forward and testified against a systematic corruption that was accounting for millions of dollars at the time. Though he left a huge impact on the New York Police Department and due to his efforts, the department was greatly changed. The members of the Knapp commission later revealed that the efforts of Serpico changed the attitude of many police officers against the systematic corruption that was taking place in the police department.

Chelsea Manning

Chelsea Elizabeth Manning who was serving in Iraq in the U.S Army had access to classified information when she was deployed in Iraq in 2009. The classified information which she found as disturbing was and troubling was passed on to WikiLeaks. Elizabeth was later arrested for this action when they were reported by one hacker friend. Elizabeth's name was initially Bradley Manning which she later changed to Chelsea Manning. Manning was accused of theft and spying illegally but was never found guilty of helping or aiding any enemy. Based on these allegations Chelsea Manning was sentenced in prison for 35 years in Kansas. In prison, she continually took her hormone treatment. In 2017, Barack Obama who was the President of the United States at that time ended Manning’s remaining imprisonment and she was freed from prison in May of that year.

Bradly Manning during her time in Iraq in the U.S. Army as an Intelligence analyst found hundreds and thousands of confidential documents to WikiLeaks. This incident occurred when she was working at a forward operating Base Hammer in Iraq, which was located near the country’s Iranian border. The information was varied a lot which included both documents and Videos. Some of the videos involved the killing of unarmed civilians. Manning initially contacted the New York Times and Washington post but after she got no response from them, she turned her attention towards Julian Assange’s WikiLeaks. The information that she gathered in her time at the base included both conflicts in Iraq and Afghanistan, assessment reports and evaluation of Guantanamo prisoners and Private cables and leaks from the state department. She passed on this classified information when she was in Maryland. The information was not a single or two pages but it accounted for hundreds and thousands of documents. The first video that WikiLeaks released was of a helicopter crew shooting at unarmed civilians, releases of such documents and videos continued to release throughout the year. When Manning returned to Iraq, she faced several behavioral issues and faced many disciplinary actions as a result. She once attacked an officer for which she was demoted and was warned that she will be discharged from her duties. Manning then contacted a hacker named Adrian Lamo online using a screen name “bradass87”. She also informed Adrian about the leaks, on receiving such news he informed the state Defense department about the News and this led to the arrest of Chelsea Manning in May 2010 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"L9rVxI98","properties":{"formattedCitation":"(\\uc0\\u8220{}PFC Manning\\uc0\\u8217{}s Statement Redacted.Pdf\\uc0\\u8221{})","plainCitation":"(“PFC Manning’s Statement Redacted.Pdf”)","noteIndex":0},"citationItems":[{"id":110,"uris":["http://zotero.org/users/local/cYhHNKoU/items/Y5T3624Q"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/Y5T3624Q"],"itemData":{"id":110,"type":"webpage","title":"PFC Manning's Statement Redacted.pdf","container-title":"Google Docs","URL":"https://docs.google.com/file/d/0B_zC44SBaZPoQmJUYURBUnBycUk/edit?usp=embed_facebook","accessed":{"date-parts":[["2019",11,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“PFC Manning’s Statement Redacted”). The documents which she leaked Wikileaks included video Granai airstrike in Afghanistan, a video from helicopter strikes in Iraq and as many as 25,000 consular cables that she uploaded on the Wikileaks drop box.

Controversial Imprisonment

Manning’s first imprisonment was in Kuwait where it was noted that she became suicidal. She was then moved to the United States at the Marine base in Virginia. There she was imprisoned in solitary confinement and was not allowed to leave her windowless cell for 23 hours a day ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6dmj0mAh","properties":{"formattedCitation":"(Shetterly)","plainCitation":"(Shetterly)","noteIndex":0},"citationItems":[{"id":115,"uris":["http://zotero.org/users/local/cYhHNKoU/items/QNPB8B5F"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/QNPB8B5F"],"itemData":{"id":115,"type":"article-journal","title":"Portrait of Chelsea Manning","container-title":"QED: A Journal in GLBTQ Worldmaking","page":"1-4","volume":"1","issue":"1","author":[{"family":"Shetterly","given":"Robert"}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shetterly). However, because of the involved suicide risks, she was continuously watched over. She was also sometimes kept naked in her cell and was not even allowed to have a pillow or sheet so that there isn’t any possible chance of suicide. Her conditions in the cell didn't improve even after her psychiatrist said that she is no longer in any danger to harm herself. When her conditions were leaked in the media, human rights activists started campaigning for her and she was transferred to Kansas. In Kansas, she was allowed to have a windowed cell and later in her case the judge giving her a sentencing credit ruled that her imprisonment was pointlessly harsh.

Court Martial:

In June of 2010, Manning was additionally charged with accusations of aiding the enemy as the information she leaked was accessible to Al-Qaeda. She pleaded that her actions were not meant to harm anyone rather it was directed to encourage positive debate but she was pleaded guilty of leaking and sharing classified information. She was then ordered to serve court Martial while she continued to plead guilty. In July of that year, she was found guilty of more than 20 offenses which included theft, computer hacking, sharing classified information and espionage ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"8Y3N7LFZ","properties":{"formattedCitation":"(Morris III and Nakayama)","plainCitation":"(Morris III and Nakayama)","noteIndex":0},"citationItems":[{"id":114,"uris":["http://zotero.org/users/local/cYhHNKoU/items/2VDBUJXJ"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/2VDBUJXJ"],"itemData":{"id":114,"type":"article-journal","title":"Leaking Chelsea Manning","container-title":"QED: A Journal in GLBTQ Worldmaking","page":"vii-viii","volume":"1","issue":"1","author":[{"family":"Morris III","given":"Charles E."},{"family":"Nakayama","given":"Thomas K."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Morris III and Nakayama). However, she was freed from the acquisition of aiding the enemy.

Sentence:

On August 21, 2013, the court announced its decision and she was sentenced to 35 years in prison. She was forced to forfeit all of her pay and was sentenced to a reduction in rank and was condemnable discharged. Even after her punishment, the debate over her punishment continued that whether she was a whistleblower who wanted to share the harsh truth to the world or was a criminal who shared dangerous and classified intelligence that was important to the state of America. In the year 2014 Manning was recognized appealed in the court to be recognized as Chelsea Elizabeth Manning instead of Bradley Manning. The army made sure that hormone therapy is available to her in the prison however, some restrictions were still imposed on her. During her time in prison, she was continuously harassed in the form of threatening of moving her to solitary confinement for violating prison rules. These remarks by the prison administration were declared as harassing by her attorneys. Her lawyers filed a case against the 35 years punishment stating that not a single whistleblower was punished so harshly in the entire history of the United States. The also claimed her imprisonment as the most unjust treatment in the justice system of America’s military.

She later attempted suicide as a result of which she was hospitalized, she faced solitary confinement as a result of her suicide attempt. However, in solitary confinement, she attempted suicide again. Manning was released from prison almost thirty years before her original sentence is up. The reason for this was the commutation by Obama in January 2017. She also pleaded for leniency from the president writing in an article that she was asking the life outside the cells as a person having the right of freedom with which she was born with. Manning shared her story of gender identity and political affairs through a series of columns and articles that she wrote for The Guardian. She also appeared on Vague magazine after her release from prison, which stated that "Guess this is what freedom looks like". She wrote an article named "Moving On" in which she described the change in her identity, in which she informed people about her identity that she is no longer Bradley Manning but now she is Chelsea Manning ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"aYuLIUK2","properties":{"formattedCitation":"(Manning)","plainCitation":"(Manning)","noteIndex":0},"citationItems":[{"id":112,"uris":["http://zotero.org/users/local/cYhHNKoU/items/HSFSFUB5"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/HSFSFUB5"],"itemData":{"id":112,"type":"webpage","title":"Moving On","container-title":"Medium","abstract":"Reflecting on my identity","URL":"https://medium.com/@xychelsea/moving-on-c78c37079aa6","language":"en","author":[{"family":"Manning","given":"Chelsea"}],"issued":{"date-parts":[["2016",7,28]]},"accessed":{"date-parts":[["2019",11,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Manning).

Work Cited

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY “Excerpts From the Testimony by Serpico.” The New York Times, 15 Dec. 1971. NYTimes.com, https://www.nytimes.com/1971/12/15/archives/excerpts-from-the-testimony-by-serpico.html.

Frank Serpico | Americans Who Tell The Truth. https://www.americanswhotellthetruth.org/portraits/frank-serpico. Accessed 1 Nov. 2019.

Manning, Chelsea. “Moving On.” Medium, 28 July 2016, https://medium.com/@xychelsea/moving-on-c78c37079aa6.

Morris III, Charles E., and Thomas K. Nakayama. “Leaking Chelsea Manning.” QED: A Journal in GLBTQ Worldmaking, vol. 1, no. 1, 2014, pp. vii–viii.

Petit, Francis. “What Executives Can Learn from Frank Serpico.” Journal of Business Case Studies (JBCS), vol. 7, no. 5, 2011, pp. 29–34.

“PFC Manning’s Statement Redacted” Google Docs, https://docs.google.com/file/d/0B_zC44SBaZPoQmJUYURBUnBycUk/edit?usp=embed_facebook. Accessed 1 Nov. 2019.

Shetterly, Robert. “Portrait of Chelsea Manning.” QED: A Journal in GLBTQ Worldmaking, vol. 1, no. 1, 2014, pp. 1–4.

Subject: Law and International Law

Pages: 7 Words: 2100

7.1 Policing And The Media

Title page

Policing and media

Police interaction with homeless exists on a limited basis that increases their likelihood of victimization or getting arrested for committing a crime. The treatment of police towards homeless depicts the need for revising policing because they are refrained for taking part in certain activities or are relocated to another geographical area. Police view homeless as a threat to society's security and normally react in response to the complaint of nearby residents or the business owners. Although the existence of homeless people in the area exhibits threats of disorder the absence of adequate policies convinces police to adopt the wrong behaviour. In most of the cases, homeless people are removed from the area when officers receive complaints from the residents CITATION Ron12 \l 1033 (Burns, 2012). Legislation related to homelessness varies among jurisdictions and states. Living on the streets is not illegitimate in some states of America. The central issues claims that policing about homelessness are unclear and ineffective for providing a solution to the victims.

The interaction of police with homeless exhibits inadequate and ineffective response from the officers. The police are convinced to remove homeless from streets irrespective of their financial hardships and other issues. Most of the people who are homeless face the problems of substance abuse and mental illness. They are already undergoing mental issues so relocating or removing them from a certain area could have detrimental impacts on them. The encounter will mentally ill citizens require police officers to make challenging decisions. Homeless who are undergoing mental issues are more inclined to reject help. This can convince officers to use force against them. Police dumping is also a commonly adopted practice for shifting homeless to other jurisdiction. The facts reveal that 10% of the police departments have only formal policies for addressing the issue of homelessness. The police officers have adopted the common strategy of assuring that the homeless people are only living in the areas that allow people living on the streets.

Police perceptions associated with homelessness also impact their interaction with such people. Police commonly believe that homelessness is against social order and peace. Such a population can also threaten the safety of the larger population. However, in reality, the police didn't respond to homeless people until they receive a complaint about their behaviour form people. Complaints are received about the criminal and non-criminal behavior of the homeless people. Homeless are susceptible to be arrested for property crimes and for committing a crime. Study reveals that "38% of homeless individuals abused alcohol and 26% abused drugs" CITATION Ron12 \l 1033 (Burns, 2012). This indicates that a large homeless population is suffering from the problem of substance abuse. This also reflects the role of mental illness and instability.

Facts indicate that it is possible to measure the extent of homelessness and the biggest challenge faced by the police is to locate and determine homeless individuals. During 750,000 people are living in the streets in America. There is also a need for differentiating between the terms homelessness and living on streets. An effective approach is to address these two issues separately. There is a need for establishing strict standards and involuntary commitment to addressing the problem. The major threats associated with homeless people is to ensure the provision of safety to the people and maintenance of order. Critical incidents are reported by police during their encounter with the homeless people. The state must also take action to offer financial support and provide adequate shelters to homeless Americans. Police must also be refrained from using force over the homeless.

References

Burns, R. G. (2012). Policing: A Modular Approach 1st Edition. Prentice Hal.

Jones, A. (2018). Police stops are still marred by racial discrimination, new data shows. Retrieved 06 09, 2019, from https://www.prisonpolicy.org/blog/2018/10/12/policing/

Subject: Law and International Law

Pages: 2 Words: 600

: International Human Resource Management MBA7008- MC/RE - Assignment 02.

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RUNNING HEAD LAW AND INTERNATIONAL LAW

International Human Resource Management MBA7008- MC/RE - Assignment 02

Name of the writer

Name of the institution

Reward Management Practices

Introduction

Organisational environments are characterised by designing employment systems and increasing shortages of skilled and professional labours. In that particular aspect, it is the responsibility of the human resource management system to develop a significant recruitment plan to attract skilled labours. Organisations are adopting various recruitment practices to attract, retain, and motivate employees to work in a performance-based environment. In the modern world, recruitment practices of human resource are based on reward system as it drives employees morale. It is essential to consider the importance of strategic management of human capital assets for an organisation. Strategic management of human capital assets is highly important for an organisation due to the increased proportion of total costs of doing business. Reward practices of HR demonstrate that the organisation greatly emphasises on valuing employees. An organisation can easily increase its productivity by incentives and reward management. Here, the focus is to develop reward practices for the organisation to attract, retain, and motivate employees to work in flexible working arrangements.

Discussion

In the modern world, organisations are focusing on reward management to ensure that employees are motivated towards the companys goals and objectives. Reward management practices allow human resource to reward employees for their accomplishments. It is the responsibility of employees to follow the rules and regulations that are in place by the organisation. The organisation needs to clearly communicate with its employees regarding the rewards that will be offered for high performance (Armstrong and Murlis, 2007, pp.21). It is obvious that organisation establish reward management to retain and motivate employees. However, it is important to consider the fact that reward management can also be used to attract professional employees with proficient skills. The organisation needs to understand that retaining and attracting professional and skilled employees is highly beneficial to excel in a particular market. Effective reward structure helps HR to find and attract valuable talent. The overall engagement and productivity of employees improve through effective HR recruitment structure. In a fast-moving economy, organisation should need to stock best talent by utilising various HR practices. The organisation can easily find best talent who can contribute their efforts to the success of the business. Reward practices should be used by the organisation to reinforce organisation values to ensure profitability in a given market. It is important for the organisation to focus on the behaviour of its new and old employees. Focusing on the behaviour of employees can be beneficial for employers to achieve significant results regarding merely meeting them. Attracting and retaining high potential staff is highly important for the organisation to compete with other organisation in the market.

Hiring talented individuals is critical for the organisation to ensure that the objectives of the business are effectively fulfilled. However, the organisation should first recruit skilled employees, which can be a challenging task. It is the responsibility of HR to recruit valuable and talented labour to fill certain types of jobs. For this particular purpose, there is a need to establish a detailed recruitment process. Recruitment efforts of an organisation have the potential to attract professional and potential talent (Armstrong and Murlis, 2007, pp.17). However, it requires critical decision-making skills regarding the management of recruitment process. If a company is utilising rewards management practices, then it should properly convey that message to potential talented individuals.

The effectiveness of reward practices can be observed in the form of different managerial prospects. The suitability of the reward model can successfully determine through the assessment of different and vital practical aspects. It is vital for the management of the organisation to develop a suitable recruitment plan that successfully aligns with the prospect of reward practices. The importance of suitable reward structure at the stage of recruitment can never be ignored because it is the first and crucial step for the organisation to attain and retain valuable workers. There is a need for adopting suitable recruiting strategies to attract skilful workers according to the actual needs of organizational performance. The rewards practices of the company can be used as successful instruments to attract skilled and competent employees to achieve the ultimate objectives of the company. It is noteworthy to indicate that the strategy of recruiting suitable staff members comprised of the systematic process that requires proper adoption of different relevant aspects. These aspects can be identified as follows

Identifying who should be recruited

For the identification of a candidate to be employed the first and foremost step should be the establishment of objectives. The objectives should include number and date of positions to be filled, number and type of applications, job performance goals and expected hire retention rates. One of the key decisions is the formation of standards for selection or recruitment of candidates. This may include educational upbringing, skills and previous knowledge and experience of candidates. An HR professional should consider their managers about the skills that should be targeted before hiring a recruit. The functional managers should also be considered before the acquisition of a recruit because they have the insight knowledge of the work, the candidates will be assigned in the future (Armstrong and Stephens, 2005, pp.43). Their input is also necessary for determining the skills set of the recruits. This will not only help target specific individuals but will also help to improve relationships with functional managers.

HR should gather data on the list of universities that usually produces most hires. Along with that, the HR should look into metrics like performance reviews and also new hires that have stayed longer with previous organizations. A computerized employee tracking system makes it easier to evaluate the matrices gathered for recruitment purposes. However, a smaller organization can also assess the sources that produce better quality and number of applicants. The sources may include newspapers, job fairs or other online jobs accessing websites. The HR management should also organize talent hunt programs in university campuses, such competitions enable the candidates to recognize the brand value of recruiting firm. Such competitions recently have become one of the major sources to find individual professional talents.

The HR should not only focus on key factors such as experience, skills and educational backgrounds. They should also consider what types of candidates are expected to be fascinated by a particular job offers. They should consider the values and ethics of participants that would fit into their culture. Two other interesting facts to consider are position insight and self-insight. The first one is understanding of candidates about the position in question, that what is being asked of him. The other factor is that he should know about his/her talents and interests. Another recruitment strategy is to target seniors with more experience in the market. Hiring them could benefit from low recruitment and training cost while higher rates of retention. At the same time offering more knowledge and expertise. Former employees should also be the priority while recruiting for a position, as it gives extra benefits of generally requiring less time to settle. They also need less training, are less likely to leave and it also sends a message to current employees that this is a healthy work environment and people want to work here.

Another factor that needs attention is considering the geographical location of candidates regarding the position being offered. If a job is being offered in a specific location the recruitment department should target the locals as they would find the job more attractive and easily accessible. Another geographical factor that can be considered while targeted recruitment is the unemployment rate. The human resource department should focus on those areas where the unemployment rate is higher, that will help them in finding candidates having more eagerness in them. They are also easy to negotiate and work with.

Reaching targeted individuals

Employers nowadays have access to an extant of different methods for publicizing job openings. In these different methods, employee referrals are regarded as the most common and best-used methods. Using current employees as information for job candidates is effective, due to four key reasons. Current employees value their reputation, so they will only refer those candidates who can fit the job perfectly. This information provided by current employee acts as pre-screening. Current employees are most likely to deliver accurate information about the nature of the job so it will be easy for the applicants to judge themselves for the job (Armstrong and Murlis, 2007, pp.36). Also, they are expected to help the person they referred, once he or she gets the job. This will also make the integration of new employee much easier. Referrals are also an emphatic way to bring job openings to the consideration of people who are not actively looking for a job but have desirable skills and work ethic.

Employers are also using their web sites as a method for recruiting. A web site is a low-cost way to convey extensive information about a recruitment opportunity. However, there should be an assurance that information is reaching out to the desired audience. On the website, the viewers attention can be grabbed with effective use of colour and sophisticated design. The website should be easy to navigate and should be user-friendly. The website should contain information that is important to candidates, such as duties and location of the job. The options for submission of resume and acceptance should be there. For further conveyance, there should be video guidance that can show the setup around the work facility.

Many recruiters depend profoundly on job boards but most can be categorized in terms of geographic focus that whether the job is local or international, whether based its an industrial job or an office job. Some can also be characterized regarding the salary being offered. Each type has advantages and disadvantages. General issue job boards are that they tend to generate too many possible job applicants. In contrast, if someone uses a local job board, candidates outside the specific area are likely to be eliminated, reducing the pool of applications to be screened. Although it has yet to become a trend yet, social interacting sites have begun to attract attention as channel recruitment. Typically, social networking involves one of two strategies. In the first strategy, an employer places an advertisement on a site for the audience to be contacted. The second approach is more targeted. Some social networking sites have features that allow an employer to find individuals who have listed qualifications, work experience, skills or a geographic location.

College recruitment is another way of selecting candidates and creating an encouraging campus presence. In selecting campuses at which to recruit, the recruiters should first determine whether the campus offers relevant majors. Even if those majors are offered, do they offer it to a sufficient number of students to make a campus visit worthwhile They should also consider student quality and range of knowledge. Some other aspects worth considering are the number of new hires every college have resulted in past years and also how these individuals performed. By cautiously analysing past recruitment outcomes, the recruitment team may determine that some specific colleges have a much higher ceiling in knowledge and skills than others. A less impressive manager may discover that there is more wisdom in recruiting at public universities, as their students are not quite as selective in choosing employers as some private universities.

Determining the best timing for recruitment

Both academic researchers and practitioners suggest that the timing of recruiting employees is very important. Usually, employers that conduct interviews earlier in the college recruit better-skilled candidates as compared to those of late interviews. The reason for this is simple, that students with better knowledge and skills sets are already taken by others recruiters. So, one can easily recruit better quality recruits if they conduct interviews early. Similarly, employers should keep contacts with universities placement offices and keep updating themselves about different job fairs and project displaying events. Good timing is not only important at the beginning but also during the entire engagement process. Delays in responding to requests for data from recruits, setting up late visits and job offers can have unfavourable effects. Such delays can have a very huge impact on the recruitment of most coveted applicants. Some delays are inevitable, but ideally, the recruitment team should stay in touch with applicants and inform them about the process.

Similarly, the recruitment manager should also consider the time to fill which is considered as the total number of days an open job remains vacant and the time required to fill that position. Time to fill provides a clear image of the talent procurement strategy. Another factor that should be kept in mind is the goal to hire (Shields et al., 2015, pp.13). It is a metric that provides the total number of recruits to be hired within a given time frame to reach a recruitment goal. Recruitment is a difficult task which revolves around many factors such as the location of a job, cost of labour and also the right timing of recruitment. However, a metric that gives senior management an idea about the performance of the recruitment team is Time to Hire. It is the time period during which a candidate passes through a recruitment process since the time of their application.

Employers should also take time and do not hurry things just for the sake of time-saving. The recruiters should make their time worthwhile. The delays in the general process as a whole should be avoided. The candidates should be hired while keeping in mind the period of training and integration. For example, a construction company has received a tender which has to be started in six months. So, if a recruit is required for that process he/she should be hired immediately within a month as then, later on, there will be no time left for his training period. Similarly, the time period between January to April is the busiest time for different accounting companies. So, there may not be a lot of positions available for accounting graduates that are looking for a job. So, these type of firms concentrates on recruitment throughout the rest of the year. In general winter and spring is the considered best time for recruitment because that is usually when a companys new fiscal year starts and new college students complete their education respectively and are available in the market for recruitment.

Designing a Recruitment Message

Delivery of the attractive hiring message by the organisation is one critical step to achieve the actual objectives of the recruitment process. It is essential for the recruitment department to convey a clear message of hiring in the form of job advertisement for the target staff members. Concise and explicit message about the actual requirements and responsibilities of the specific job position eventually guides a potential human resource to consider themselves for the job. Designing of recruitment message requires to clearly provide all the important information to the potential applicants to ensure the proper level of recruitment ethics. The reward structure offering by the management should also be clearly communicated in the form of recruitment message to make job position clear for the job candidates. This specific domain is also critical to develop desired confidence and trust level between the recruiting staff and the applicants.

Planning an Organisational Site Visit

Planning an organization site visit is another vital option for the recruitment department to build a strong connection between the organization and the potential staff members. This practical option can be helpful for job applicants to understand the overall functioning of the organisation. It is one recommended practical approach for the human resource department to make the organisational visit possible for the short-listed applicants or new staff members. Desired performance level can never be expected from the new workers unless they have complete knowledge about their work tasks and responsibilities. It is necessary for them to properly understand how the organisation work and what can be their role in the company as a professional worker. The option of the site visit is also vital to develop better communication channels between all the relevant stakeholders. When it comes to the adoption of this specific strategy then it is critical for the decision-makers to ensure appropriate feasibility level. Another major advantage of this approach is that it helps new workers or potential employees to understand the reward structure applies in the company.

Evaluating Past Recruitment Efforts

The critical and detailed evaluation of the former recruitment policies is essential to determine the effectiveness of the current approach. This form of consideration is vital to explore the potential advantages and disadvantages of the past recruitment system applied in the company. This form of examination eventually helps to propose new recruitment procedure according to the advanced requirements of the recruitment procedure. There are many relevant aspects concerning the assessment of former recruitment efforts. Attainment of feedback from job applicant is one suitable practical measure to assess the facet of former recruitment procedure. This specific approach is vital to identify the potential strengths and weakness of the recruitment process of the company. In other words, it can be used by the management as the guiding principles to redevelop the paradigm of recruitment. The detailed examination of the past recruitment efforts of the company reveals that there is need for adding more alignment between recruitment process and the reward structure. This form of exploration ultimately helps to develop new recruitment plan by clearly expressing different reward options offering by the company for the potential workers. Active communication with newly hired workers is also essential to identify their opinions about the reward system of the company. This particular form of feedback is essential to identify the specific areas of reward system that requires necessary improvement on an immediate basis.

Management of the Entire Recruitment Operation

The comprehensive approach of recruitment operation comprised of different associated aspects. It is one core duty of the recruiting department to ensure the proper management of all the relevant aspects to attain the success in case of overall recruitment plan of the company. Mismanagement of the recruitment process can lead to the recruitment of incompetent workers for the organisation. It is important for the recruitment department of the company to understand the importance of the overall recruitment procedure. It is the first stage to achieve the actual desired organisational objectives through the high-performance level of the workers. Attainment and retention of high-quality performers is no easy task for the business organisation as it requires adoption of different motivational strategies. The approach of proper and suitable reward system by the company can be helpful to attain the great form of workers loyalty and their job satisfaction. The core objectives of employees acquisition and retention are only possible through the proper management of the recruitment process at every stage.

If an organisation intends to utilise rewards management practices in an effective manner, then it should need to recognise the importance of employees. Regardless of recruiting new employees, it is beneficial for employers to recognise existing employees on the basis of their performance and accomplishment in the organisation. Employee rewards and recognition practices are highly necessary for an organisation as it helps to minimise turnover. Reward practices motivate employees to work harder in order to maximise profitability. It is important to consider the fact that reward practices help in enhancing productivity of employees. Rewarding employees is a kind of appreciation that encourages employees to work hard (Gngr, 2011, pp.17). Therefore, it will be beneficial for the organisation to apply the strategy of recognition. Recognition of employees motivates them to enhance their productivity for the collective benefit of business. It is the core responsibility of HR to provide precise awareness regarding their rewarding programs for employees. If employees understand the importance of rewarding program, then they are more likely to show their full effort to complete a particular objective. Management should need to consider the incorporation of rewarding practise if they want to retain their skilled employees. The entire purpose of rewarding individuals in the workplace is to make them satisfied with the policies of management. If hard working employees are recognised through incentives, then there is an increased chance that they will improve their creativity and productivity. Management should also consider the fact that recognition and rewarding practices will increase satisfaction and trust between employees and management. Such positive relationship is highly necessary for an organisation to excel in a given market.

Conclusion

In a nutshell, reward practices are highly efficient to attract, retain, and motive skilled employees. Rewarding practices allow an organisation to recognise the potential and accomplishments of employees in an effective manner. The organisation can retain their skilled employees through valuable rewarding practices, which can ultimately increase their productivity as well. Attracting skilled and professional employees is highly critical for the organisation, so it is essential to improve reward practices to attract new and skilled employees. The organisation should need to evaluate its existing recruitment and rewarding practices to make improvement in their new strategies.

References

Armstrong, M. and Murlis, H., 2007.Reward management A handbook of remuneration strategy and practice. Kogan Page Publishers.

Armstrong, M. and Stephens, T., 2005.A handbook of employee reward management and practice. Kogan Page Publishers.

Gngr, P. (2011). The relationship between reward management system and employee performance with the mediating role of motivation A quantitative study on global banks.Procedia-Social and Behavioral Sciences,24, 1510-1520.

Shields, J., Brown, M., Kaine, S., Dolle-Samuel, C., North-Samardzic, A., McLean, P., Plimmer, G. (2015).Managing employee performance reward Concepts, practices, strategies. Cambridge University Press.

Law and International Law PAGE MERGEFORMAT 14

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Subject: Law and International Law

Pages: 12 Words: 3600

A Letter To Birmingham

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Letter to Birmingham

Introduction

The letter to Birmingham was written by Martin Luther King who was arrested for breaking the law and political demonstration. In response to his arrest, he outlined the criminal justice system and the importance of the civil rights movement. The letter was also against the unwise publication of the text in the newspaper which calls the protest as illegal. The main idea circulates around the text was his right to protest in a free and open society.

Discussion

There were four significant steps of the nonviolent protest which includes direct action, self-purification, negotiation and fact-finding (King Jr, N.p). The king was not used to answer the criticism but specific facts according to him cannot be left behind, so he responded in reasonable and patient terms. He also reflected the charge of being an outsider and show his organizational ties with Birmingham because there was an injustice. Eight local clergymen charged the king in their letter published in the Birmingham Post Herald of April 13.

The king used classical appeals of pathos, logos, and ethos in language that underlined the best American Judeo-Christian values and traditions. He replied that he is not an inferior to be countered instead he is the teacher of clergymen. The letter had several impacts on the criminal justice system which only targeted the minorities and poor blacks. In other terms, it was the justification of civil right movement against the horrible and systematic racism (King Jr, N.p). The arguments in the letter influenced the truth and justice for depressive communities.

Conclusion

For the familiar individuals in Birmingham, the disobedience against the laws was not to challenge the state rather the hegemony of white moderates. The tension and unrest caused by the protest had to change the psyche of depressed people to raise their voice against the injustices of the criminal justice system and awareness of the civil rights movement.

Works Cited

King Jr, Martin Luther. LETTER FROM BIRMINGHAM JAIL. PENGUIN BOOKS, 2018.

Subject: Law and International Law

Pages: 1 Words: 300

Admin Law Merits Review

Admin Law Merits Review

Student’s Name

Date

Admin Law Merits Review

Introduction

The organisation of Commonwealth Ombudsman recognised as an independent legislative entity established under the domain of Ombudsman Act 1976. The main objective of this office is to resolve legal matters between people and government institutions. Commonwealth Ombudsman is entitled to provide liberated and free services to individuals in order to resolve their complaints. Identification of significant roles and operations of this authority is essential to determine its actual statuary position . This form of consideration is important to evaluate the actual prospect of power for the authority of Commonwealth Ombudsman. The core objective of this institution is to provide necessary protection to the community when it comes to their dealings with different Australian Government agencies and some specific private sector entities. The management of Commonwealth Ombudsman is committed to ensuring fair actions of government institutions by ensuring proper handling of complaints, directing assessments, auditing and investigations . It is noteworthy to indicate that the powers or authorities of the Commonwealth Ombudsman are critically focused by critics in case of its approach to acting as an agent of legal reform. It is significant to examine the practical powers of the authority of Commonwealth Ombudsman by defining its role as a representative of any form of legal reform. This paper focuses to critically discuss the powers of the Commonwealth Ombudsman to justify its approach of act as an agent of legal reform.

Discussion

The legitimate power of Commonwealth Ombudsman can be better identified by assessing particular functions and roles of this legislative body. This approach is helpful to determine the influence of this organisation when it comes to resolving different legal matters between community and government. The standard of motion investigation is adopted by this organisation to resolve different disputes between related authorities. Identification of major functions of this organisation is essential to figure out its actual legal position. Various guiding principles are adopted by this authority to ensure suitable outcomes of resolution in the end.

Statutory Functions of Commonwealth Ombudsman

Assessment of Complaints: The focus is to conduct different reviews and investigations to evaluate the administrative approach of the country's officials, different agencies, and authorities. This specific function is further expanding in case of assessing the actions of registered private service providers.

Motion Investigations: The specific and standardised form of investigation is adopted by this organisation to conduct investigations in case of administrative approaches of government authorities.

Compliance Audits: Critically and comprehensively inspects the records of government agencies such as the prospects of the Australian Federal Police (AFP) and the Australian Crime Commission (ACC). The main aim of this approach is to guarantees a significant level of compliance with actual legal requirements.

Immigration Detention Oversight: The authority of Commonwealth Ombudsman is also responsible to provide targeted reports about the overall detention arrangements under the Migration Act 1958. The reports presented by this authority eventually delivered in the Parliament to make inferences about the detention facilities under the immigration program.

The Commonwealth Public Interest Disclosure Scheme: The main agenda of this specific function is to provide the necessary encouragement to public officials in case of timely reporting of any form of suspected wrongdoing in the public sector of the country. It is one core responsibility of this authority to enhance awareness level about the Act and critically assess its relevant operations.

Identification of Decision-Making Powers of Commonwealth Ombudsman

Exploration of actual aspects of powers for the office of Commonwealth Ombudsman is essential to determine its influencing role as an agent of legal reforms. This form of examination is also viable to assess the actual effectiveness of the organisation’s role in case of different legal domains. It is critical to indicate that the association of Commonwealth Ombudsman play its role as an independent and impartial authority that provide free services against the complaints that have not been resolved by concerned institutions . In other words, the approach of maladministration is catered by the office of Commonwealth Ombudsman under the domain of legal foundations.

The parliament of the country gives power to the institution of Commonwealth Ombudsman to investigate all complaints that cause conflict between government organisations and the general public. It is critical to indicate that powers of assessment and legislative investigations of Commonwealth Ombudsman ultimately considered as the prominent and independent authority. Legislative changes recommended by this body in case of performance of different government offices to ensure better application of work. “Own motion” powers utilised by Commonwealth Ombudsman under the statutory domain of Ombudsman act . Furthermore, it is also vital to mention that the authority of investigation is restricted for this office concerning to perspective of some specific legislative departments. It is established that the authority of Commonwealth Ombudsman is never allowed to evaluate the decisions of different ministries or judicial decisions . This specific phenomenon eventually limited the powers of the institution of Commonwealth Ombudsman. However, this office has an option to send legal recommendations to parliament to obtain the better legal prospect of government agencies.

Consideration of Powers of Commonwealth Ombudsman to Act as Agent of Legal Reform

It is vital to examine whether the ‘own motion’ powers of commonwealth Ombudsman are enough to play its role as an agent to offer different legal reform in the country. Exploration of the evolving approach of this authority is mandatory to make better inferences about this particular argument. In recent years, the role of Commonwealth Ombudsman is expanding with the enhancement of different and crucial functions . Active consideration of auditing agency records complain handling, and publishing guidelines to effective decision making are some of significant aspects or functions performed by the legislative body of Commonwealth Ombudsman. The powers of this authority are enhanced by offering different legal recommendations to the legislative body of parliament of the country. This specific legal indemnity allows this authority to play its role as an agent of legal reform in the country. It is critical to explore proper distinction in case of authority of decision-making and the approach to acting as an agent of legal reform . The influential role of this authority can never be ignored as it is the responsible institute of critically examine oversight actions of law enforcement agencies. Independent investigation eventually ensures to propose better legal reforms in the future to regulate the role of different legislative authorities.

Different schemes developed and implemented by Commonwealth Ombudsman play their role as the necessary part of the overall legal framework to ensure proper access to justice. Standards of public administration can never be formulated without the guidance of authority of Commonwealth Ombudsman. The actions and decisions of public institutions are greatly influenced by the reports and advise presented by the office of Commonwealth Ombudsman. On the other hand, it is also critical to indicate that the role of this authority is limited when it comes to the approach of judicial decision making. The powers of this institute are limited in case of offering a new policy or legal reforms. This particular restriction appeared in case of the role of different government ministries and overall judicial paradigm . The indirect role of Commonwealth Ombudsman as an agent of legal reform can never be overlooked by identifying its approach of sending advisory reports to the parliament of the country. The modern evolving office of Commonwealth Ombudsman is different as compared to its traditional role that only related to the limited domain of functions. With the passage of time, the powers and contributions of this institution are evolving with the compliance of different legal domains. The simple meaning of Ombudsman is to play their role as an agent in case of identification of any mis-administration by government entities. The independent entity of Commonwealth Ombudsman makes it easy for the decision-makers to develop necessary reforms concerning the performance approach of legal representatives in case of different government offices. The authority of Commonwealth Ombudsman as an agent of legal reform is responsible to ensure legal fulfilment and consideration by government authorities.

Consideration of Determinative Powers

A critical examination of different determinative powers in the context of authority of Commonwealth Ombudsman is also essential to identify as the legal position of this authority as an agent. Lack of determinative powers in the context of commonwealth ombudsman

It is important to consider the fact that the ombudsman is not a ‘toothless tiger’. A critical examination of the commonwealth ombudsman indicates that its actual influence is neither measurable nor enforceable. Effectiveness of commonwealth ombudsman is undermined by the lack of determinative powers. The lack of determinative powers in commonwealth ombudsman did not impact its recommendation as agencies accepted the majority of the commonwealth ombudsman’s recommendations . One must need to understand the fact that cooperative relationship between the commonwealth ombudsman and government agencies could in fact diminished as opposed to recommendatory powers. Due to the lack of determinative powers in commonwealth ombudsman’ recommendations, it had a limited power to provide relief as a tribunal or court could. A critical evaluation of the entire scenario determines that government works in accordance with procedural justice.

Commonwealth ombudsman’s recommendations are more like substantive correctness of decisions, which significantly lack determinative decree. Matters such as delay lost paperwork, discourtesy, inexplicable reasons, and misleading advice are prevalent issues that ultimately generated various complaints regarding the recommendations of commonwealth ombudsman. If a recommendation has influential power, then it is more likely to make a significant difference regarding a specific scenario . However, the commonwealth ombudsman's recommendations lack influential powers, so it did not force any agency to do anything as per provided recommendations. It is important to consider the fact that without having any determinative power, the commonwealth ombudsman's recommendations compel agencies to make changes accordingly. A critical evaluation of the entire scenario indicates that the commonwealth ombudsman's recommendations forced government decision-makers to act with integrity . However, if the commonwealth ombudsman’s recommendations had the jurisdiction or determinative power, then it would be more likely to influence government agencies in an effective manner.

Conclusion

To conclude the critical discussion about the role of Commonwealth Ombudsman as an agent of legal reform, it is necessary to mention that this argument is to connect with many different aspects of consideration. The powers of this independent authority are evolving with the expansion of different legal functions. The entity of Commonwealth Ombudsman never has any direct role as the active part in the procedure of legal reforms. There is consideration of indirect involvement of this authority as an agent to critically examine the approach of existing laws by evaluating the performance of different administrative authorities. In this particular prospect, the role of Commonwealth Ombudsman is critically effective as an effective agent to influence the overall process of legal reforms in the country. Furthermore, the authority of this institution is limited as it has no participation in legal decision making or legal amendments but it acts as an agent to advocate and assess different legislative changes.

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Ayeni, Victor, Hayden Thomas and Linda C Reif, Strengthening Ombudsman and Human Rights Institutions in Commonwealth Small and Island States: The Caribbean Experience (Commonwealth Secretariat, 2000)

Brown, AJ and Brian Head, ‘Ombudsman, Corruption Commission or Police Integrity Authority? Choices for Institutional Capacity in Australia’s Integrity Systems’ in Australasian Political Studies Association Conference, Adelaide (29 Sept-1 Oct 2004) (2004)

Byrnes, Andrew, Hilary Charlesworth and Gabrielle McKinnon, Bills of Rights in Australia: History, Politics and Law (UNSW Press, 2009)

Pearce, Dennis, ‘Ombudsman in Australia’ [2000] Righting wrongs 93

Snell, RD, ‘Australian Ombudsman: A Continual Work in Progress’

Stuhmcke, Anita, ‘Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman’ (2008) 67(3) Australian journal of public administration 321

Stuhmcke, Anita, ‘“Each for Themselves” or “One for All”? The Changing Emphasis of the Commonwealth Ombudsman’ (2010) 38(1) Federal Law Review 143

Tai, Benny YT, ‘Models of Ombudsman and Human Rights Protection’ [2010] International Journal of Politics and Good Governance

Wood, John TD, ‘The Commonwealth Ombudsman—Time for Independence?’ [2005] Democratic Audit of Australia, Canberra

Neave, Colin, ‘Exploring the Role of the Commonwealth Ombudsman in Relation to Parliament’, Parliament of Australia (2019)

Subject: Law and International Law

Pages: 6 Words: 1800

Adult Parole And Probation Officer

Presentence Investigation Report

James Grey

Institutional Affiliations

Presentence Investigation Report

Name of Accused: Lindsey NaholAge: 30

Address: No permanent addressTelephone: 404-12345 1234

Birthdate: January 29, 1990 Birthplace: Georgia

******************

Charge: She has been placed under arrest for assault and battery charges for kicking and scratching the security guard and robbing the jewelry store.

PERSONAL HISTORY:

Family:

Lindsey has experienced a rough family background. Her family failed to pay adequate attention to her. Due to poverty and negative influence from friends, she has been involved in the criminal justice system since a young age of 14. She was 12 years old when her grandmother died, and since then she has been living in and out of the house after witnessing domestic violence by her father. When she was 13, her sister left the house after finding a job, and never contacted her. Lindsey lived with her mother but for one year she has not been in contact with any of the family members. She says that she has a friend who lets her stay at her house anytime. She performs house chores at her friend’s house sometimes while she spends most of her time wandering through the markets.

Education:

Lindsey is an intelligent girl and used to score the highest scores in school. She has completed her high school diploma. She wishes to earn a degree in criminal justice from the famous Strayer University. She aims to become a juvenile probation officer after completion of her degree and help the young people who get involved in crime. She believes that through better counseling one can deter from the path of crime.

Social/Emotional:

At school, she was an A-grade student and used to help her friends in studies. However, when she joined high-school, her academic performance declined. She states that it is because of the negative influence and bullying from her classmates during high school. After being neglected at home, she tried to adjust to the competitive atmosphere of high school. But classmates used to bully her for being a nerd. To prove herself cool in front of her class, she stole a car at 14 and started drugs. She was attracted to crime to earn respect and appreciation from her peers. However, later she developed a criminal behavior and committed burglary and shoplifting. The friend she is staying with has also been involved in criminal activities and has been sent to prison twice in the last 4 years. She was encouraged by her friend to adopt criminal behavior. She understands that her friend is a negative influence and wants to live a better place, but she does not have any place to stay. She feels isolated and lonely most of the time. Lindsey does not show any aggravated behavior towards anyone. She helps her friends when asked for loans. She is generally friendly to everyone around. Sometimes she volunteers at old-age shelter homes in remembrance of her late grandmother who suffered from Alzheimer's.

Employment History:

She was employed at a coffee shop as a waitress two years ago. The owner of the shop did not trust her because of her previous criminal record. She faced a serious allegation of theft but none of them was ever proven. After six months, she was fired from the job for being incompetent and rude to the customers. She claimed that it was because the owner discriminated against her based on her previous criminal record. She never applied for a job again fearing that same would happen at her next workplace too.

Financial condition:

She has been struggling with her expenses. Her friend provides her a place to stay but she has little to no money to pay for her expenses. She used to receive little money from her mother when she has lived with her. But in one last year, she did not contact her or receive any money from her. In the past, some of the days, she did not have anything to eat. She has received loans from different people in the past but committed robbery and theft when she had to pay back. CRIMINAL RECORD:

OffenceSentence

Car-theft36-month Juvenile probation

Shoplifting10 months in jail, 2 months’ probation

Burglary12 months in jail, 6 months’ probation

Possession of controlled substance36 months in jail, 6 months’ probation

WILLINGNESS TO ACCEPT RESPONSIBILITY OF OFFENSES

Lindsey has shown a humble behavior with the officers of law since her arrest. She feels remorse for her actions and wants to correct her behavior. She has pleaded guilty and is ready to take responsibility of her actions.

EVALUATION:

The police arrested her, and she has been in jail for sixty days. She has accepted the charges and pleaded guilty to charges of robbery, assault, and battery. She feels ashamed of her offenses and promises to live a better life onwards. Regarding the assault on security, she says that it was a defensive act as she was being stopped. According to the pre-sentence investigation, the defendant has shown offensive behavior since she was 14. This is her fifth offense and it is recommended that she is sentenced a further period so that her offensive behavior is deterred. Moreover, she must attend a rehabilitation program for correction purposes. It is observed that she does not belong to a stable home and has not met her family in a year. Her behavior has been affected negatively due to the absence of parental guidance. After being wrongfully fired from her job, she again committed a crime. If she was given a chance through employment, she would have made better decision. She needs to live in a foster home as she does not a permanent residence currently. She is mentally stable however, she should also be assigned a mental health physician for counseling.

Subject: Law and International Law

Pages: 3 Words: 900

AMP- 108678

The surveillance university

Student’s name

Institution

Introduction

Surveillance is practice in the universities to provide a safe, secure and healthy environment for students, staff, and other stakeholders. According to Wilson and Wells (2017), the practice of surveillance is to ensure that crimes related activities within the university can be detected and prevented on time. A study conducted by Saha and Neogy (2014), pointed out that the issue of surveillance in the university must address privacy and confidentiality of stakeholders. This has made it difficult for institutions to conduct optimal trace of activities within a campus. However, it could be easier to monitor every student and other people within the university through the use of CCTV cameras, and facial recognition but this had to be done concerning the privacy of students and other members of the university. This report, therefore, provides a recommendation on what should be done to balance the security and privacy of students and other university members.

Available Technologies

For efficient monitoring and tracking of students to provide security, which can deter terrorism activities in the university, the university would have to consider the installation and implementing of face recognition, location tracking, phone monitoring, and CCT system throughout the campus and inside the classrooms. Each of these technologies operates uniquely and the applications of the technologies should be implemented concerning the rule of law observing the privacy and rights of students.

Face recognition

Face recognition is described as a high technology, which can identify or verify a person using digital images or videos. It utilizes biometric to map out features of a video or a photograph. According to (Omand, Bartlett, & Miller (2015), it compares the information in the database, with the image or video of a person being verified. Therefore, for it to be used efficiently for the verification of persons there must be a database whether from the government of private data. The use of facial recognition technology software will help the university to monitor every student within the campus in order to identify the suspected students working with terrorist organizations. The technology has been used by several organizations and governments and therefore, its application by the university would not be illegal if the law is followed appropriately. The use of government and mobile companies has used it for decades and therefore, it is the best technology, which can help the university to identify potential persons working with the terrorist group from Bangladesh.

Phone monitoring

Phone monitoring is one of the latest technologies used to monitor people. The phone monitoring technology tracks the mobile communication and text person of a targeted person. Its application has been challenged by several activities and other individuals. But it is the best option for the university to ensure that activities of every potential threat are properly monitored to prevent any potential attack on the university CITATION Nei17 \l 1033 (Desai, 2017). The university needs to get a warrant to conduct the monitoring against the students to avoid any legal case. The act is not allowed to an extent by with warrant to detect potential terrorist activities, the university would be able to monitor phones of every student and this would help in getting all the information or communication of students when on campus and out. The institution would be able to listen to every detail of communication between students and other people through their mobile phones. It is pointed out that these students are from Bangladesh and they have a connection with the terrorist group back in Bangladesh. The using of mobile listening would be the best effective method to monitor the communication between the terrorist and the suspected students and this would be helpful in the identification of the said students.

Location tracking

Location tracking is one of the latest technologies used for tracking persons. It is used to identify the specific location of targeted individuals. Wilson & Wells (2017) pointed out that it used to point the whereabouts of strangers. It would be the best tool or technology for tracking the whereabouts of every individual within the university. It pinpoints the exact location of a person and therefore, it makes it easy to locate an individual. The location tracking used the global positioning system (GPS) to retrieve the position of an individual using mobile phone data. The university would be able to track every student using location tracking and this would allow the institution to detect and trace everyone in real-time.

CCTV cameras

Without the use of CCTV Camera, it is difficult to know whether and what an individual is going every minute when within the campus. Ideally, the installation of CCTV and the use of facial recognition software could provide the best level of monitoring activities in the university. Most researchers have pointed out that there are certain problems associated with the installation of CCTV and other surveillance activities in the universities and even in public places. According to Wilson and Wells (2017), the methodology used is difficult to conduct proper control evaluation. The information can be exposed and this could compromise the privacy of students. The use of facial recognition software and the monitoring of mobile phone communication are essential for securing university. But it is difficult to practice surveillance without violating the privacy of people. CITATION Kev14 \l 1033 (Beaver, 2014) pointed out that though the security of students and other stakeholders in the university is crucial, the privacy of students is more students because it is part of students' rights which must be protected by the university.

Monitoring Mechanism

Monitoring activities going on within the university is an important aspect in improving the security of students. The issues related to terrorism are critical and cannot be treated lightly and therefore, having effective surveillance would be ideal. The use of a security checkpoint at every entry in the university would be the best idea in ensuring that every person walking into the university does not carry any harmful material. As stated by Kittle (2013) checkpoints introduce thin surveillance at every entry to make sure everyone in the university is accounted for. The checkpoint will allow the university to know several people in the university and when an individual walks in and out. It, therefore, improves the security and safety of students and other people in the university. The application of facial recognition and CCTV cameras and monitoring of mobile communication are good concepts that the university must consider to protect the university from any attack. Since the Homeland Security Department has singled out the university for likely to be attacked, it would be of importance for the university to monitor student's communication and moving to identify suspicious students. Though mobile monitoring cannot be allowed by students and it is illegal since it betrays individual right to privacy, the use of communication surveillance to trace suspicious students would be of great importance to the university. According to a study published by Perrino (2018), monitoring students' activities on and off-campus is critical for improving security. Most universities monitor students' behavior and movement when on campus to ensure the security of the university. This is an effective strategy that can help the university to monitor activities of students and therefore, it could help to identify radical students. Without close monitoring of students, it would be impossible to detect radicalized students and therefore, terrorism prevention would not be achieved.

Moreover, profiling students would be of great help to the university administration to narrow down suspicious students faster. But it would be a violation of university culture and norms. However, the university can deploy profiling based on the early signal of questionable activities by students. Profiling could be discriminatory and could put the university in a problem with the justice department CITATION Ton17 \l 1033 (Bradley, 2017). However, evidential profiling would be welcomed. It is pointed out that some students from Bangladesh are working with organized groups to launch a terrorist attack in the university. It would be important for the university to identify students from Bangladesh and put them on serious surveillance CITATION Nei17 \l 1033 (Desai, 2017). Security of student’s come first for effective provision of security it would be essential for the university to conduct profiling in order to get the suspected students from Bangladesh. The best option for the university is to seek a court warrant to permit surveillance on students and profiling as an option of conducting an investigation. The judge would be willing to issue a warrant for the security of the university.

Mobile monitoring would be rejected by students and other stakeholders for fear of violation of students' privacy. Implementation of the mobile monitoring concept through a secret method without any student realizing would be the best option for the university to spy on every student without anyone knowing. CITATION Enr18 \l 1033 (Dans, 2018) pointed out that the federal government spy on people every day using different software and hardware and the practice has been used for decades. The National Security Agency (NSA) stated that the use of spy software and monitoring mobile phones of people randomly practiced in the United States to prevent the country from imminent attack CITATION Pet154 \l 1033 (Petterson, 2015). According to a report by the NSA, several attacks have been prevented due to the use of spy software and mobile monitoring technologies. Therefore, this practice can be adopted by the university and practice in secret to provide maximum security to students.

Advantage

The establishment of surveillance within the university has been used by several universities in the United States and it is a permitted practice by law. However, one major advantage of practice would be the improved security of students, staff, and visitors. The institution would be able to detect and prevent any act of criminality and therefore, a secure environment for earning would be established. The use of surveillance technology allows the institution to monitor every student and therefore, tracking and monitoring events in the university would be easy. Tracking and arresting anyone trrying to commit crime wouold be faster and easy and therefore, any act of terrorism would be prevented.

Constraints

The use of surveillance technologies violates the right of the public. It is highly likely that the privacy and rights of students would be violated. According to Wells & Miller (2017), the violation of the privacy of the public including students can lead to illegal battles. Therefore, the installation and use of surveillance within the university can result in legal suit from students against the administration. It caused the university a lot of legal compensation due to violation of privacy which is against the cybersecurity and privacy law of the university. It is also difficult to convince students of the importance of surveillance. The majority of students will likely reject the idea to provide their mobile details and other information which can allow the administration of the university to monitor and track. This is likely to affect the result and efficiency of the process.

Recommendation

It is recommended for the university to install CCTV cameras in every classroom and in the entire university as the first action to ensure that the students and other staff are protected. Though profiling of students is against norms and culture of the university and it is also illegal and discriminatory, the activation of profiling of students based on their original would be an option. Profiling helps in gathering data by narrowing the target to specific people rather than focusing on over ten thousand students. The university administration should investigate a partnership with the local police to identify the students who can be the culprit. Without profiling and working with the local police it would be difficult to track down a suspect which has been identified as students from Bangladesh. It is also recommended to use an internet platform to monitor students' activities online. The university should use its network infrastructure to monitor everything which students do online. The use of spy software to monitor students’ activities on Facebook and other social media would help in the prevention of attacks in the university. All these activities should be done within the framework of the law to prevent violation of the students’ rights CITATION Wel17 \l 1033 (Wells & Miller, 2017). To ensure that the privacy of students is not abused and the monitoring system set up is not misused, it would be essential for the university to have strict policies and regulations regarding the use of the system to ensure that students' information is not shared with the public. All the stakeholders would be required to come together to have an effective debate and to agree on the formula to use in monitoring students.

Conclusion

Balancing security and privacy is a challenge to administrations and government. For the university to conduct surveillance on students there must be appropriate regulations and policy to have such a system in the university. It is established that the use of CCTV, facial recognition software and profiling would be an ideal strategy to track and get suspected terrorists from Bangladesh. Therefore, the university needs to work the judicial or the justice department to get a warrant permitting it to conduct profiling, mobile monitoring, and other surveillance activities to protect students from any kind of attack. The university should create a back entry into students' phones for any student using a university's WIFI internet connection. Studies have indicated that most students use free wifi and LAN internet connection within the campus CITATION Oma15 \l 1033 (Omand, Bartlett, & Miller, 2015). This makes it easier for the administration to create a back entry, which can be used to monitor students' communication when on campus. The facial recognition software should be used to identify people within the campus to help to track the movement of everyone CITATION Bea18 \l 1033 (McCaine, 2018). The use of facial recognition would help trace, to know where every student is doing every time and also to collect data related to friends and associates of students. Gathering this information will help the university to provide effective monitoring of students, which is critical for the security of students and the university in general. All students should be subjected to monitoring and the narrowing down to one or a few groups of students should be done based on the analyzed data gathered during the process.

References

BIBLIOGRAPHY Beaver, K. (2014). Information privacy and security requires a balancing act. International

Journal of Information security, 2-17.

Bradley, T. (2017). Finding The Right Balance Between Security And Privacy. International

Journal of information security, 2-15.

Dans, E. (2018). Surveillance In Schools: Where Is This Taking Us?

https://www.forbes.com/sites/enriquedans/2018/08/23/surveillance-in-schools-where-is-this-taking-us/#43319063bee7, 2-15.

Desai, N. (2017). Balance privacy and Security in digital agae.

https://policyoptions.irpp.org/magazines/july-2017/balancing-privacy-and-security-in-the-digital-age/ , 2-15.

Kittle, J. T. (2013). A Study of Surveillance and Privacy Rights. Electronic Theses and

Dissertations. Paper 1170. , 2-15.

McCaine, M. (2018). Information privacy and security requires a balancing act. Journal of

Information science and security, 21 (43), 1-25.

Omand, D., Bartlett, J., & Miller, C. (2015). A balance between security and privacy online must

be struck. Journal of National Security, 14-35.

Petterson, P. (2015). National Security Agency: Security and Privacy Analysis. Journal of

national security and technology, 2-15.

Saha, S., & Neogy, S. (2014). A case study on smart surveillance application systems using WSN

and IP webcam. Applications and Innovations in Mobile Computing (AIMoC) , 12-38.

Wells, S., & Miller, C. (2017). Balancing Security and Privacy in the Digital Workplace. Journal

of Change Management, 2-34.

Wilson, P., & Wells, H. (2017). What do the watchers watch? an Australian case study of CCTV

monitoring. https://pdfs.semanticscholar.org/1fdf/795da1bd7643e54beee954f7d5f0776ec43f.pdf, 2-15.

Subject: Law and International Law

Pages: 3 Words: 900

Analytical Critique!

Analytical Critique

[Name of the Writer]

[Name of the Institution]

Analytical Critique

Introduction

Fraud is just another major form of theft; it also includes deception. There is also a gain in financial advantages that are associated with fraud. However, the term insurance fraud covers a wide range of issues (Craglia et al., 2020). Insurance fraud particularly, includes the exaggeration of different legitimate claims, accompanied by some intentional misinterpretation of the facts and complex organized manipulations of claims that are processed to gain some financial advantage, when there is no actual loss (Singh et al., 2020). It is also highlighted that the total cost of insurance frauds is also somehow challenging to estimate the underlined precision. In 2017, the insurers analyzed and detected an output of $280 million in the insurance cases that excluded the claims that were related to personal injury. This number is more like a representation of the total amount of the selected insurance fraud only, however, an estimate of the value of undetected insurance frauds in the Australian market is not yet found. It is also highlighted that there are some particular initiatives that are made to enhance the capacity of the industries to identify the currently undetected and unapproached insurance fraud activity (Vanhoeyveld et al., 2020).

According to the Insurance Council of Australia and the Insurance Fraud Bureau of Australia, insurance fraud is an illegal action that is either on the part of the buyer or the seller of the insurance contract. Also, Insurance Fraud from the issuing party includes different selling policies that are made by non-existent companies who actually fail to submit different promises as well as charging policies that can create more commissions (Insurance fraud, 2020). However, buyer fraud is more like an exaggerated claim along with some falsified medical histories with dead policies and critical fraud. It may also include murder, kidnapping, and the incidents of fake deaths. The most exaggerated form of insurance fraud can be personal claims, which is also called opportunistic fraud. It is also highlighted that the premeditated or planned frauds are actually committed by professional fraudsters and they are usually counted in organized criminal gangs (ICA, 2020).

Discussion

Insurance Fraud is called “Specific Intent Crime” where the suspect is found to have intended to defraud. It also means that a prosecutor has to prove that the person has involved the other party with an already determined ambition to commit defraud.

Government Initiatives

According to Sheedy (2015), Insurance Fraud was given little attention until 1980, however, the scenario has changed now because of the rising cost of the organizations and insurance crime rings. Almost all states have taken strong initiatives so that these laws can be enacted to some degree and there would be an ease in specifying crime on that penal code. However, according to Lin et al., (2020), by 2016, almost all the states, including the District of Columbia had enacted laws that identified and classified frauds as a type of crime or something that is punishable. There are some anti-fraud platforms that are set up by the District of Columbia, in the form of bureaus that have limited powers while some states have more than one bureaus to address cases. Also, deferral antifraud legislation is also designed and defined to address fraud such as The Violent Crime Control and the Law Enforcement Act (1994) which ensures that insurance fraud rates can be mitigated as it is affecting the interstate commerce (Sowah et al., 2019). Belciug et al., ( 2020) included The Health Insurance Portability as well as Accountability Act of 1996 as these platforms have made some "Knowingly and willful” anti-fraud efforts so that fraud cases can be combated in both public as well as private sectors.

Legislation

The fraud offences are counted and quoted under the 2009 Act (Fraud, 2020), taking into account that there are a lot of offences that are found in this act such as Indenter, Forgery, and Fraud Offence. As per the 2009 Act, the Crime Act is repelled by repealing the number of providers related to forgery and fraud. The Schedule 2 has repeated a large number of frauds and forgeries such as the ss 158, 164-178, 178A, 178B, 178BA, 178BB, 178C, 179-185, 185A, 186, 527, 527A, 527B, 528, 545A, and 547A crime acts. Much like the other areas that are defined for sentencing, it is highlighted that the starting point in determining the appropriate sentences for a specific fraud is dependent on the elements where the statuary is maximum (Braithwaite, 2020).

Gilmour et al., (2019) asserted that the Insurance Fraud Bureau of Australia is more like a working element of the Insurance Council of Australia that was established with the aim to help to combat the insurance fraud in almost all possible forms. Also, some of the specific mandates to IFBA include the intention to include information collection, analysis, and sharing of the information related to insurance frauds that help and facilitate the insurance company or members of ICA that are working against the insurance fraud. It also helps to inform the community regarding design making and the other law enforcement investigations activities, reduction in the indigence as well as the impact of insurance fraud on the honest and dominant policyholders. According to ICA (2020), IFBA actually works or exists to help the industries so that they can stop committing insurance fraud. Also, it can help to calculate the costs that are not passed on to the community members. However, either insurance fraud is committed on any of the one-off ways that are called opportunity or there are a long series of the frauds that are committed by some professional criminals. In addition, Craglia et al., (2020) asserted that the insurance fraud criminals are treated to be accused of indictable offence where different penalties are mandatory such as imprisonment for up to 10 years or an end of substantial fine or both can be expected.

Regulatory Instruments

Regulatory instruments refer to the classical instruments of politics that are used to solve and analyze some economic as well as social conflicts. However, these regulatory political interventions can sometimes go beyond the advisory services or financial incentives that bind different regulations. There are different regulatory instruments that are making up the complete framework of insurance frauds. Firstly, Australia has made some proper initiatives to introduce transparency in different industries and organization that are dealing with insurances (Gilmour et al., 2019). Then, rigid laws are made so that the culprit can be made aware of the kind of punishment that he might be getting after committing the crime. According to Vanhoeyveld et al., (2020), there are some ground initiatives that are taken, such as Model Insurance Fraud Act which is one of the regulations because it recognizes not only production as well as state investigation in insurance fraud. Both defines, punishment and sometimes jail of three to five year. It might also take the form of restitution, any kind of community service or heavy fines. The fine can range from $500 to double of it. It is also highlighted that this just an overview of the punishment that is designed as per classical political instruments to ensure accountability, this punishment and charge can be enhanced under the impact and the ratio of the fraud (Sheedy, 2015).

Investigation

Investigation refers to the set of strategies or the platforms that are designed so that the stance can be analyzed and some solid decisions can be made. In terms of Insurance Frauds, ‘The Insurance Fraud Bureau of Australia is designed with the postural aim to investigate insurance fraud claim, taking into account that this platform is one of the major accountability sources (Insurance fraud, 2020). This measure is established by the insurers so that they can be supported by coordinate actions against the individuals who commit insurance fraud in Australia (Fraud offences in NSW, 2020). Also, ICA (2020) claims, IFBA uses different techniques and models for carrying out the investigation. Many of the Australian as well as international insurers take part in IFBA, with an aim to use the services so that they can work collaboratively with the companies as well as that they can protect the honest customers by helping with the enforcement of laws. Also, they can identify and take actions against those who commit crimes. According to the Insurance Council of Australia , a cost is estimated that is more them one million dollars and this cost is covered by the honest policymakers for excluding frauds and exaggerate different claims in terms of the statutory schemes (Insurance fraud, 2020). As per, Fraud (2020) in NZD, there are about 10% of the insurance claims that are fraudulent, and it usually costs NZD $150 million to $ 250 million in a year. It is also important to note that the IFBS declined and they refrain from starting any prominent or a detailed note regarding the investigation on the claims. However, they asserted that it includes a large sum in Melbourne operating in motor vehicle accidents as well as other motor vehicles in the NSW that are involved in the repair of the damaged vehicles (Gilmour et al., 2019).

Another picture of the case is depicted by Craglia et al., (2020) asserting that the insurance fraud is not rising, in fact, he found the insurance fraud to be having a consistent status. This statement was made by Kier who is the spokesman of IFBA, who have an experience of about 20 years. He is of the view that insurance fraud is the representation of the element of society that tries to gain something from the industry or the insurance products. Also, he asserted that the total ratio of the people who are committing this fraud is making a very small percentage of the customers.

Other countries' approaches to addressing the crime

Insurance Frauds is one of the major criminal threat that is faced by different countries, taking into account that all the countries have taken some considerable measures so that this threat can be mitigated if it cannot overcome (Timofeyev et al., 2019). In America, Insurance Fraud makes up about 10% of the total property or causality insurance. There are different cases that are included in insurance fraud such as loss in the industries, and the loss of adjustment expenses every year. Within the last five years, every year, there is a loss of 30 million dollars at the edge of insurance fraud. There are different approaches that are used by the United States of America so that Insurance Fraud can be addressed, such as the Federal Bureau of Investigation that has investigated about 3 to 10% of the medical expenditures and they are found in both public as well private healthcare institutions (Singh et al., 2020). In addition, the United States Department of Health and Human Services Centre or Medicare and Medicaid Services has found that for 2010, the healthcare fraud has amounted between the revenue of $ 77 billion and $ 259 billion. The investigation by both the departments actually signifies how these departments were working to address insurance frauds. In addition, Lin et al., (2020) introduced different practical reform such as No-Fault fraud and many other policies that are introduced so that insurance frauds can be addressed as primary needs. Different task forces are also working to address this issue, taking into account that the Fraud Bureau is one of the direct platforms that address insurance frauds at the primary level. Technology is also directed in a subject way, with an aim to reduce the insurance frauds. This technology is deployed in different systems such as automated system, automobile premium evader, rate-evasion tech and predictive modelling. Also, a major positive note is, these policies and models are taken very seriously by the insurers, thus fully acted upon (Lin et al., 2020).

Industry Response

Along with reforming the political systems that they can be made efficient in dealing and investigating the insurance frauds, different department such as industries are also directed to increase their accountability and take serious efforts to ensure the adequacy of different insurances. Almost all the industries have reposed with a positive note, taking into account that a free e-book is already available on the internet that can act as a guide book for the employers so that they can take initiatives to address any fraudulent attempts either by the employees or by another central party that is getting in business with some industry. This is basically employees of the marketing industries. However, in healthcare, Belciug et al., (2020) mentioned exl’s medconnection as a platform that helps the healthcare institution in terms of empowering and improving its productivity for the adjusters in terms of all the legal authorities, staff and the nurses. This web-based tool is more like an offer for employees that can facilitate investigation between the existing systems without offering any upfront capital expenditure. Braithwaite (2020), included Patient snapshot as one of the major measures that are taken by the healthcare department for ensuring clear insurance. Also, industries are using anti-fraud technology adequately so that the risk and the cases of insurance feuds can be reduced. The stance of insurance frauds in terms of vehicles is one of the major points of discussion, taking into account that company stakeholders are trying to introduce online database that can be used by the buyers and then a stance and check and balance can be ensured so that there are reduced chances of frauds. However, in order to mitigate the frauds that are done by the buyers of vehicles in terms of the client are now directed to visit a physician or some emergency room so that their medical record can be maintained and then it can help to reduce the issues that are faced by the employers (Braithwaite, 2020). Chart notes are one of the major fraudulent mitigating measures that are used by almost all the industries. The chart defined the laws that can address fraud. It is also found to educate the law enforcers also which can help to inflate the amount of loss in some particular claim (Tarr & J. A, 2019).

Initiatives, Strategies and Activities

Currently, there are some major initiatives that are taken by the Australian government in the form of different approaches, strategies and activities. Some of the examples are Models, Legal obligations and reporting platforms. In addition, different private platforms and companies are also working so that they can analyze frauds and the fraudulent.

However, a lack of coherent approach is one of the issues that is identified in terms of the methods and approaches that are currently used by the organizations and government to address “Insurance Fraud”. In order to address these issues, there are some major additions required in the context of relevant policies (Fraud offences in NSW, 2020). These additions and extensions are in the form of the new addition which can be technological and more professional so that the criminal disguised as needy people and target customers can be dealt with accountability, as well as the economy of the country can be saved from getting ruined.

There are different initiatives activities and strategies that can be used for reducing insurance frauds

Implementation of a foundational Framework

Foundational Framework refers to the establishment of a fraud-detection strategy that can address different issues that are associated with insurance frauds such as checking of claims in the subject of purchases, identification of frauds, improvement in terms of fraud investigation and then a follow up to make the change behaviours in terms of making fake claims. This framework demands some, "out of the box initiatives” that can help the employees to automate the situational knowledge of different professional and ensures a systemic arrangement of insurance claim structure that can be followed in all the industries (Lopata, 2018). This framework is important because different industries are using different initiatives and approaches for the identification of insurance frauds while there are a lot of industries that are a complete failure in catching up to the trend. One of the examples of the structural framework can be technological use in terms of some software’s that will not only reduce the hustle that is associated with defining frauds but it will also keep the industries up to date with the new hampering or tampering and the ways of frauds. Thus, this framework will not only increase the use of strategies but it will be a positive approach to the country (Braithwaite, 2020).

Identifying the relative level of the fraud potential

Identification of the relative level of the fraud potential is also important, taking into account the initiation of the Special Investigation Unit that can bring efficiency and savings in accountability. The significance of this strategy lies in the analysis of the theft because there are more dangers in terms of something on display or something that is new rather an already stolen object. Thus, insurance fraud can be mitigated in a far better way by using Relative level of fraud potential because it will increase awareness and approach to investigation and analysis (Tarr & J. A, 2019).

Review and Rescoring of claims

It is observed that many of the fraudulent claims particularly in terms of vehicle claims are very common. The reason behind this prevalence is the measure of ignorance that is found in these industries. Initializing review and rescoring of claims will not only help to catch the one who has bought the product but it will also keep the company updated about the current happenings and strategies that can be used in future for the identification of any frauds (Sheedy, 2015). The significance of this strategies lies in two different dimensions, on one side, it will initiate the ability of the company to keep follow up with the customers and overcome the issues in terms of product condition but it will also make the buyers conscious that if they will do any kind of misconduct it will be caught (Sowah et al., 2019).

Using a layered approach

“Layered Approach” Is a terminology that is used in Information Technology and this term refers to the use of a variety of tools, technique and product. As internet and technology have brought a shift in the practices of different departments, the same stance of software's and technology is required in making and offering insurances. It will not only facilitate the buyers who will be using the insurance policy but it will also help to get a keen insight into the actions of the company. The underlying significance of the approach lies in the fact that buyers, as well as purchasers, can keep a follow-up or tracking of the services that they are using. Also, it will help to gain public confidence (Sowah et al., 2019).

Briefing analytics

Analysts are one of the major element in an organization, taking into account that they can do more than enough good to the industry, in the context of insurance fraud, the industries should be taught and trained to make use of data analytics. It is important because the data analytics, as well as different predictive models that are used by the insurers, can allow and direct different companies to evaluate and analyse both internal and external sources of data so that gaps can be identified. The identification or the analysis of the patters or the anomalies can play a central role in large databases where it is hard to maintain a check and balance, also these tools can help to define if there is a discrepancy in the data. This approach is highly recommended because traditional approaches are more focused on detection after payments are made, and in a number of cases, it is of no use. So, this approach will help to analyse and identify the stance of claims and issues without getting ditched by the buyers or receivers also, this approach can help to track any kind of fraudulent before time or doing payments (Sowah et al., 2019).

Using Business Laws

Another major addition to the identification and detection of insurance frauds is the use of business laws. It is observed that in many cases, issues occur because significance is not given to the business rules or some additional information is given to the employees as well as the buyers of the insurance. In such a case, business rules can be one of the best fit because business rules deal in transparency and there are rare chances for the space of frauds. Also, there are clear penalties mentioned, so it is easy for the third person to analyse the issue and opt for accountability or the required solutions (Yusof et al., 2019).

Conclusion

Insurance frauds are serious forms of theft and intentional crime. It needs special significance in the form of regulated policies and infrastructure. These initiatives are required because insurance frauds are doing serious harm not only to the companies but also to the economy of the country.

References

Baldock, T. (1997). Insurance fraud. Australian Institute of Criminology.

Lopata, A. (2018). INSURANCE UNDERBELLY. AUSTRALIAN AND NEW ZEALAND INSTITUTE OF INSURANCE AND FINANCE, 41(1). Retrieved from https://anziif.com/members-centre/the-journal-articles/volume-41/issue-1/insurance-underbelly?p=3&mbs=&cat=all

JONES, A. S. Fraud Risk Management and Corporate Performance of Deposit Money Banks (DMBs) in Nigeria.

Vanhoeyveld, J., Martens, D., & Peeters, B. (2020). Value-added tax fraud detection with scalable anomaly detection techniques. Applied Soft Computing, 86, 105895.

Baker, H. K., Nofsinger, J. R., & Puttonen, V. (2020). Other Frauds and Scams that Lure Unsuspecting Investors. In The Savvy Investor's Guide to Avoiding Pitfalls, Frauds, and Scams. Emerald Publishing Limited.

Craglia, M., & Pogorzelska, K. (2020). The Economic Value of Digital Earth. In Manual of Digital Earth (pp. 623-643). Springer, Singapore.

Singh, A., & Akhilesh, K. B. (2020). The Insurance Industry—Cyber Security in the Hyper-Connected Age. In Smart Technologies (pp. 201-219). Springer, Singapore.

Lin, L., & Chen, C. C. (2020). The Promise and Perils of InsurTech. Forthcoming, Singapore Journal of Legal Studies.

Belciug, S., & Gorunescu, F. (2020). How Can Intelligent Decision Support Systems Help the Medical Research?. In Intelligent Decision Support Systems—A Journey to Smarter Healthcare (pp. 71-102). Springer, Cham.

Braithwaite, J. (2020). Regulatory Mix, Collective Efficacy, and Crimes of the Powerful. Journal of White Collar and Corporate Crime, 1(1), 62-71.

Braithwaite, J. (2020). Regulatory Mix, Collective Efficacy, and Crimes of the Powerful. Journal of White Collar and Corporate Crime, 1(1), 62-71.

Tarr, J. A. (2019). Grappling with fraudulent insurance claims and" collateral lies": Comparative insurance law developments in the United Kingdom and Australia. Journal of Business Law, 1, 43-61.

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Sowah, R. A., Kuuboore, M., Ofoli, A., Kwofie, S., Asiedu, L., Koumadi, K. M., & Apeadu, K. O. (2019). Decision Support System (DSS) for Fraud Detection in Health Insurance Claims Using Genetic Support Vector Machines (GSVMs). Journal of Engineering, 2019.

Yusof, N. H. M., & Razak, A. Z. A. A. (2019). The Influence of Trust and Confidence of Claim Successfulness on Individual Attitude in Committing Motor Insurance Fraud. INTERNATIONAL JOURNAL OF ACADEMIC RESEARCH IN BUSINESS AND SOCIAL SCIENCES, 9(9).

Timofeyev, Y., & Busalaeva, T. (2019). Current trends in insurance fraud in Russia: evidence from a survey of industry experts. Security Journal, 1-25.

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Emami, C., Smith, R. G., & Jorna, P. (2019). Online fraud victimisation in Australia: Risks and protectivefactors.

Fraud. (2020). Retrieved 14 January 2020, from https://www.cdpp.gov.au/crimes-we-prosecute/fraud

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Sheedy, C. (2015). Money for Nothing. Retrieved 14 January 2020, from https://insuranceandrisk.com.au/article/money-for-nothing/

Subject: Law and International Law

Pages: 11 Words: 3300

Appeal

Sidney King

Street: 3448 s. Crestline Dr, Virginia Beach, VA, USA.

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Dear Shelia Sweeney

I find it really unfortunate to be held accountable for plagiarism which is a serious academic offence, although I already presented my circumstances in front of the Judicial review Board. From the day, I joined this institution, I was well- aware of the plagiarism policy of the institution. On my part, I do consider that plagiarism is a serious academic offence. I have thoroughly gone through the legal aspects of the plagiarism offence mentioned in the academic policy of United States government. I respect the decision of the judicial board, but I think the judicial board has narrowly considered my circumstances and I view the board’s decision precipitous in nature.

I conveyed my legitimate concerns to the board on August 22nd when I first appear in front of the judicial board. I still consider that my circumstances were so compelling that I copy-pasted the wrong content. I would like to draw attention to the point that if plagiarism was all I wanted, I would have copied the right content that time. It was purely an unintentional and incidental act. This offence is serious, undoubtedly, but so are my issues. Furthermore, I have been an excellent student with exceptional academic record. I have maintained a GPA of 3.88 and I have never missed any class. This is the reason that I have remained on the dean’s list for my attendance to ECPI.

I respect the authority of the judicial committee, but at the same time I think I have all the right to file an appeal against this decision since it affects my academic credentials. I am available any time to follow the proceedings against this appeal.

Looking forward to a response from your end.

Yours Sincerely,

Sidney King.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Park, C. (2003). In other (people’s) words: Plagiarism by university students–literature and lessons. Assessment & Evaluation in Higher Education, 28(5), 471–488.

Rabban, D. M. (1973). Judicial review of the university-student relationship: Expulsion and governance. Stan. L. Rev., 26, 95.

Standler, R. B. (2000). Plagiarism in Colleges in the USA. Retrieved February 7, 2002.

Subject: Law and International Law

Pages: 1 Words: 300

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