Managing People In A Global Context Assignment 1

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Managing People in a Global Context Assignment 1

Name of the writer

Name of the institution

 Introduction

The globalization of product markets and enhanced multinational activity of business organizations signifies the liability of Human Resource Management and its cultural contingency and transferability. The recruitment and selection processes are considered beneficial in any kind of organizations due to their usefulness in finding adequate candidates for a particular job. It is noteworthy to mention that recruitment and selection are significant perspectives of human resource management which helps to select suitable employees that have the potential to meet the strategic goals and objectives of the organization. Recruitment is the discovering of a suitable candidate for anticipated organizational vacancies. It is a process of screening, sourcing, and selecting an appropriate candidate for the vacant positions. During recruitment, one must consider the educational qualifications, experience, skills, and abilities of the candidates. It is notable to mention that recruitment can take place internally and externally. The internal factors include the image of the organisation and image of the job, recruiting policy, and the size of the organisation. On the other hand, external factors include labour laws, labour market, demographic factors, legal considerations and competitors, and unemployment rate. The recruiters need to understand the importance of efficiency in the recruitment process as it builds a good working environment between employers and employees and helps in the generation of productivity. The selection activities typically follow a standard pattern. The process of selection consists of the following steps screening interview, completion of the application form, background investigation, comprehensive interview, physical/medical examination, and final job offer (Ekwoaba, Ikeije and Ufoma, 2015). The main purpose of this research is to critically analyse the process of recruitment and selection of Manufacturing Company X in order to identify the area of problems. This study also helps in suggesting different ways to improve the recruitment and selection process of the selected organization.

Discussion

The recruitment and selection is defined as the process of retrieving and attracting able applications for the purpose of employment. The idea of recruitment and selection was once just to fill the vacant position without a proper procedure. With the passage of time, the idea of recruitment and selection changed and evolved dramatically. In the last few years, organisations have realised the importance of recruitment and selection methods in order to meet the expectations and objectives of the organization. The successful implication of recruitment and selection methods is critical to success in all sectors, regardless of the organisation size. It is notable to mention that putting the wrong person in a vacant position just for the sake of filling the position has certain crucial consequences for the organisation. Due to such non-professional acts, there is a decrease in productivity and employees morale. The success of an organisation depends upon the process of recruitment and selection of candidates.

Manufacturing Company X is currently facing challenges with staff turnover, which is believed to be coming from their process of recruitment and selection techniques. It is important to note that Manufacturing Company X is recruiting the employees with the help of the classic trio approach. The classic trio was initially composed by Cook (2004) which demonstrate that an application form/CV along with at least one interview and additional references is an appropriate way for recruitment and selection. This kind of technique was effective in the 2000s as the majority of the organizations were using classic trio to select candidates. However, with the passage of time, many researchers found that there are more reliable forms of recruitment and selection methods. Now, there is a need to assess the current of recruitment and selection of the candidates to get an insight into organizations efficiency. For this purpose, the personnel involved in the recruitment process are required to fill out the questionnaire in order to assess the structure of the recruitment and selection process. The current culture of the recruitment process can easily be assessed with the help of a structured questionnaire (Kaplan et al., 2017). There is also a need to evaluate the experience and knowledge of the personnel that is involved in the recruitment process to determine whether this personnel is aware of the position they are trying to fill or not.

The results of the research indicate that Manufacturing Company X is using the classic trio method to recruit individuals in order to fill the required vacancies. First of all, the recruiter collects the application forms and CV from the candidate in order to evaluate their qualification and suitability for the vacant position. It is notable to mention that Manufacturing Company X does not have any application form, therefore there is no way to make an effective comparison from candidate to candidate. The resources of the selected organization indicate that CVs of the candidates are often stored in the box and they are opened whenever there is a job opening. There is no specific record that can show how long each CV has been there in the box. Such results indicate the bad practice of the organization. The interview is the essential part of a recruitment process according to the classic trio approach. The evaluation of the interview practices of the recruiters of the Manufacturing Company X illustrates that they found themselves drawn towards many individuals during an interview. Such statement of recruiters backs up the argument of many scholars that interviewers have the affinity to drawn themselves towards candidates in the early moments of the interview. It is critical to mention that such a strategy of the recruiter is not beneficial for the organization. Unstructured interviews are being used by the recruiters of the selected organization, but these interviews can be dangerous for the organisation in the long run. According to researchers, the structured interviews have the tendency to provide a better comparison among different candidates rather than just having a chat and making a decision on the basis of likeness and unlikeness.

The human resource management needs to integrate only such chat in the interview process that can discover whether an applicant is likely to fit in the organization or not. It is notable to mention that the recruiter of the Manufacturing Company X did notify that it is difficult to identify the efficacy of a person for the job. According to HRM theories, it is evident that only an interview is not enough to determine whether a person will show effectiveness in his/her work or not. It is hard to identify the suitability of an employee with the help of just talking. The identification of such problem by recruiter nominates that interview is not enough for the selection of a suitable candidate. There is a need to integrate another factor into the recruitment and selection process to determine whether a person is suitable for the job or not. It can be fulfilled with the help of a set of exercises or task that are relevant to the presented job in order to determine the appropriateness of a candidate for the vacant position. It is noteworthy to mention that Manufacturing Company X lacks such kind of tasks in order to evaluate a candidate. Researchers have found that an assessment centre is a valuable place as well where candidates can do both an interview and job stimulation. However, Manufacturing Company X has no such intentions to make these arrangements for candidates, which shows their lack of interest and non-professionalism in the recruitment and selection process. Due to such useful strategies of the selected company, the staff turnover rate is increasing at an immense speed. There is an immense need for some valuable HRM strategies so that the process of recruitment and selection can be improved in order to reduce the staff turnover rate. The results of the findings also indicate that the recruiters of the Manufacturing Company X have not been trained on how to conduct an interview in an appropriate manner, which is catastrophic for the company.

It is well-known that trained interviewers are better than untrained ones. In the recruitment and selection process, one of the most important things is to train oneself on how to conduct the interview in an effective manner. The recruiters of the Manufacturing Company X are not provided with useful training about the interview process, therefore they do whatever they think is good. The interviewing skills can be acquired with the help of proper training. It is the core responsibility of the Human Resource Management to provide effective training to the recruiters so that they can effectively identify a suitable candidate for a vacant position. It is recommended for the Manufacturing Company X to carry out a training course for all the recruiters to notify them about the essentials of the interview and how to evaluate the personality and skills of the candidates. The training courses for the recruiters of the Manufacturing Company X can improve their interviewing skills.

It is noteworthy to mention that the references are a major aspect of the classic trio as it helps recruiters to do a check over an individual through valid references. The background check is an essential facet which can help in identifying the personality of a candidate and its behaviour in society. References are a possible recruitment tool for the Manufacturing Company X which can help them to identify more about an individual. However, the results of the research have shown that references tool is not valued much in the Manufacturing Company X. In accordance with the results, it is found that most of the times recruiters select an individual during the interview. They did not even bother to fulfil the last step of the classic trio. The references step is a far more valuable aspect. As someone said, reference can often say more about its author than about its subject. Not having time to check the references of a candidate shows that the Manufacturing Company X lack the value of the references. This kind of attitude by the side of recruiter of the selected company is far too risky and its consequences can be seen in the high staff turnover rate. Majority of the researchers have mentioned the effectiveness of references and who it can be used to reduce the staff turnover and increase productivity. The references check to allow to get a clear picture of an individual from his previous job. A survey has been conducted by a researcher to check the responses of the CEO about their employees. The majority of the CEOs indicates that nearly half of their workers are a poor fit for their job. Furthermore, the interview with the CEO of the Manufacturing Company X also dictates that most of the employees are a poor fit for their job which shows the ineffective abilities of the recruiters to perform the recruitment and selection process with efficiency.

The concerns of the CEO of Manufacturing Company X can be avoided with the help of a proper job analysis. It is notable to mention that the selected company have gone through the effort of creating a job specification. According to certain researchers, an effective job specification is an adequate way of getting better candidates for a vacant position. A good job description is the one with a proper statement of purpose, scope, responsibilities, and duties of a job. The findings from the research of Manufacturing Company X indicates that recruiters of the company even try this strategy in order to attract a suitable candidate for the vacant position. However, this kind of strategy was not effective for Manufacturing Company X in the long term. Many researchers have found that accurate job description can be very useful in the process of recruitment and selection. However, the lack of ability of the recruiters to view this job description regularly make it hard for them to select a better candidate for the job. It is important to mention that the recruiters of the Manufacturing Company X are not reviewing the job description or not paying attention to the content of the job description. That is why they are unable to understand what they are looking for. If the recruiters can review the job description and pay attention to the job specification, its content, and the duties and responsibilities of the candidate for the vacant position, then they can easily select a potential candidate who will be fit for the job description.

Unfortunately, the recruiters of the Manufacturing Company X are often busy in their tight schedule that they do not have enough time to go through the specification of the posted job. This lack of responsibility by the side of recruiters is catastrophic for the recruitment and selection process and it also leads towards a high staff turnover rate. There is a need to consider the importance of person specification during the interview and selection process in order to determine the qualities of a candidate that whether he/she is fit for the job or not. Manufacturing Company X needs to focus on the person specification as it is an effective way of identifying the specification of an individual and to know about his suitability for the job. The research was made for the purpose of finding the reason behind the high turnover rate in the staff of Manufacturing Company X. The participation of the recruiters and the CEO of the company made this research liable to determine the reason behind this Human Resource Management issue. However, the lack of participation from the previous staff in this research made it a bit unsuccessful. The exit interview of the staff members helps in identifying the real reason behind their leave from this job (Farndale, Nikandrou and Panayotopoulou, 2018). However, the previous staff members of the Manufacturing Company X did not take part in the exit interview, so the real reason behind the staff leaving this organisation is not identified. According to various scholars, timing it a critical part for the organization to utilize at an appropriate time. The employees who are not asked about the exit interview at the time of their leave, it is hard to call them back for an exit interview. There is no such policy in the Manufacturing Company X to conduct an exit interview with the employees who are leaving the job.

According to the results of the research, it is found that if you wait until employee leave the job, then there is no chance that they can come back and give appropriate feedback that why they left their job. It is necessary to mention that two people who did somehow agree to give the exit interview mentioned that they were not aware that what they are getting into. According to these employees, the job did not suit them. Now, why the job did not suit them is a crucial question which must be answered in order to evaluate the reason behind high staff turnover. It is possible that these people were not informed about the specification of jobs during the recruitment and selection process. It is also possible that these people had no previous experience due to which they could not refuse to take up the job offer. It is the core responsibility of the recruiters of the Manufacturing Company X to improve their recruitment and selection process and to tell people about job specification at the time of interview. It could help in minimizing the staff turnover rate and save time and money for Manufacturing Company X.

Keeping in view the above mentioned case, it is necessary to take into account a person specification as it will help recruiters to identify the characteristics needed for a particular job. A person specification is vital in understanding the characteristics of an individual. The Human Resource Management of the Manufacturing Company X needs to conduct exit interviews from each employee at the time of their exit. It is difficult for an organization to call back the previous employees for exit interviews as seen in the case study of a selected company. Misconduct in the arrangement of the exit interview at the time of leaving causes trouble for the employers. There is a significant fault in the current recruitment and selection process of the Manufacturing Company X which results in the high staff turnover rate.

Conclusion

In a nutshell, the recruitment and selection process of the Manufacturing Company X is not effectively managed by the recruiters due to which there is an increase in the staff turnover rate. The classic trio approach is one of the most effective techniques for recruiting potential candidates, but the recruiters of the Manufacturing Company X are not properly trained to conduct this process in an effective manner. Lack of training for conducting interviews and lack of value for the reference check are troublesome issues that lead towards a high staff turnover rate. It is concluded that Manufacturing Company X should consider introducing some form of job stimulation in order to reduce the staff turnover rate.

Recommendations

There is an immense need for job stimulation in the recruitment and selection process of the Manufacturing Company X. The company needs to put a printable job application form on its website which must contain specific questions to determine the characteristics and qualification of the candidates. It will allow the recruiters to compare it with other application forms to identify a potential candidate for the job position. The recruiters of the Manufacturing Company X must be trained in an appropriate way so that they can effectively conduct the interview. There is also a need for a structured interview process so that recruiters can compare the different applicants. Manufacturing Company X needs to eliminate the practice of offering a job during the interviews. The reference check is a useful step in the classic trio approach, therefore, the recruiters needs to screen all applicants references. The Human Resource Management needs to introduce the practice of exit interview with some appropriate time limit in order to understand the reason why an employee is leaving his/her job.

References

Ekwoaba, J.O., Ikeije, U.U. and Ufoma, N., 2015. The Impact of Recruitment and Selection Criteria on Organizational Performance.

Farndale, E., Nikandrou, I. and Panayotopoulou, L., 2018. Recruitment and selection in context. InHandbook of Research on Comparative Human Resource Management. Edward Elgar Publishing.

Kaplan, D.M., Palmer, J., Thompson, K., Dustin, S., Arroyo, C., Perera, S. and Marx, R.D., 2018. Recruitment, selection and staffing. InTeaching Human Resource Management. Edward Elgar Publishing.

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Managing People In A Global Context Assignment 2

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Reward Management

Name of the writer

Name of the institution

 Reward Management

Introduction

In the modern world, every organisation is facing tough competition for enhancing competitiveness and the well-being of the employees. Virtually every organisation has a performance management system which aligns with human capital management in order to accomplish a number of important objectives. The development of Human Resource Management practices is effective in order to motivate individuals and their collective skills and abilities to ensure high productivity and greater performance. The objective of the reward practices in an organisation is to motivate performance, help individuals to develop their skills, and reward individuals on the basis of effective performance. In the era of organizational competitiveness, businesses need to take care of their assets along with the employees. When it comes to employees, organizations need to take care of them by fulfilling their financial and non-financial needs. Compensating employees for their hard work and efforts usually satisfy them to work with even more pace by managing the quality. It is notable to mention that when organizations fail to do so, the staff turnover rate increases which are catastrophic for the organization. Majority of the organisations are working hard and spending money to increase the productivity of their employees. However, if the leaders of those organizations do not know how to appreciate and reward the efforts of their employees, then the investment of money in the productivity of employees is useless. Reward management is an effective method to implement strategies in order to reward people in the organization in accordance with their value to the organization. Reward management deals with the reward processes, practices, and procedures in order to meet the goals and objectives of the stakeholders and organisation. Here, the focus is to determine the effectiveness of reward practices for Organization X in order to enhance the performance of employees.

Discussion

In the field of Human Resource Management and industrial psychology, reward management practices have merged as a critical topic. The reward management practices within organizations are responsible to increase the productivity of employees by rewarding them on the basis of their task they perform in the organization. It is notable to mention that motivated employees are required to keep an organization alive therefore reward management practices are vital to motivating employees. Many researchers have found that rewarding employees on the basis of their performance help in increasing their productivity. It is important to note that human resource management often introduces reward management practices in order to increase customer satisfaction. There is a number of reward management practices such as labour cost control, legal compliance, compensation system, and perceived fairness towards employees help in increasing the productivity of employees (Dhani, Chandra, Tripathi, 2018). The studies have shown that pay is directly related to productivity.

Reward management is one of the best practices of human resource management to develop skills and abilities in employees so they can show satisfactory performance. This practice of human resource management helps in increasing motivation and enhancing employee retention. Another purpose of this reward management practice is to encourage non-performers to leave the organization. It is noteworthy to mention that in the modern era, the economy is moving towards the service sector. It is well-known that banks play a pivotal role, but financial institutions are the backbone of any economy. The business organisations are discovering new ways to motivate their employees due to the instability caused by the globalization pattern. The human resource management practices are only way out for an organization to generate sustainable competitive advantage (Noe et al., 2017). The human resource management practices regarding employees motivation are becoming more and more critical for the survival of an organization. The organization X needs to introduce an effective system to motivate employees.

Reward Practices

More and more companies are focusing to identify various compensation strategies in order to improve the performance of an organization as these compensation strategies are linked with employees motivation. The researchers have found that it is critical to integrate reward system in the organization system of performance. The traditional employees incentives associated with the longevity and position has now been changed by the performance of an individual. The studies have shown that rewards are commonly based on customer satisfaction and market share. Majority of the researchers are agreed that a crafted rewards system is effective to improve the overall performance of an organization by rewarding the employee that is showing efficient performance. However, some researchers disagree the incentives inspire performance. Bob Nelson in his famous book 1001 Ways to Reward Employees argues that there should a positive impact on the performance of employees with the help of rewards. If a reward is unable to improve the performance of an employee, then it is a waste of time and money. It is evident that verbal appreciation or praise by the leader is one of the most effective rewards that encourage an individual to work hard in order to show better performance. The rewards must focus on the performance of an individual. Nelson also concludes that certificates of appreciation, giving stock or stock option, or even personal thank you notes are effective ways to improve the performance of employees which in turn improve the overall performance of an organization. The human resource management is already focusing to integrate strategies in the organization that may help in the growth of the team based rewards. However, there is an immense need to integrate individual rewards in the organization as well as they align with employee and company performance. The individual rewards are still important as they can make a difference to the firm. In the modern era of technological development and globalization, many organisations are working strategically designed reward systems for top business performance. The performance of employees and company can be aligned with the help of strategically designed recognition and reward system.

There is a number of rewards, but two of them are most effective that can motivate individuals to work hard including intrinsic rewards and extrinsic rewards. Intrinsic motivation exists within the individual in order to achieve certain goals. Intrinsic rewards are a sense of internal satisfaction that a person has completed an expected target. It is the responsibility of employers to help employees with their intrinsic motivation by providing opportunities for employees so they can show their abilities and make choices by a high level of self-sufficiency (Dhani, Chandra, Tripathi, 2018). On the other hand, extrinsic rewards are based on tangible things. Supervisors or leaders provide an individual with an extrinsic reward based on his/her performance in the organisation. It is notable to mention that extrinsic rewards are financial in nature. These rewards can be paid time off, increment in salary or a bonus for reaching some quota. The extrinsic rewards encourage an individual to perform well in the organization in order to attain better outcomes. It is notable to mention that certain theories of motivation are in place to motivate employees to perform well in the organization. The incentive theory focuses on goals. It is human nature that a person attempts to reach a goal when it is present.

Philosophy of Reward Management

It is important to mention that reward management is based on well-articulated philosophy such as its guiding principles are helpful to enact the values of the organizations. The philosophy of reward management includes beliefs such as fairness, equity, transparency, and consistency in the practices of human resource management to operate a reward system. It is notable to mention that if HRM is investing in human capital, then there must be proper return. The reward management addresses long term issues that how people will react and performance when they will be given with proper reward in accordance with their performance. Business strategies must follow the processes of reward strategies. A total reward approach is adopted by the reward management to emphasize various aspects of rewards as a coherent whole. The basic purpose of reward management is to achieve the motivation, engagement, commitment, and development of employees. There is an immense need for organization X to integrate the practices of reward management with their human resource management practices in order to achieve the goals and objectives of the organization in an effective manner. It is noteworthy to mention that reward management is one of the most important technique to manage people in the organization along with their performance. It is evident that reward management is a vital part of human resource management practices, but the practices and policies of the HRM can affect the business of the organization. The top management, the internal and external environment are linked with the reward management and they can affect an organization and its policies. The human resource management is working on the basis of Efficiency wage theory that signifies that more compensation to the employees helps in increasing the productivity of the employees.

Reward and Employees Motivation

The development and success of an organization are dependent on the motivation of its employees. It is the core responsibility of human resource management to identify what motivates the employees of Organization X as it will be beneficial to maximize their overall performance. Organization X is comprised of various people from different background, so it will be hard for the organization to find out what motivates their employees. It is noteworthy to mention that a well-developed reward system can be useful to increase employee work motivation. There is an immense need for an effective reward system in the organization and that system must need to cope with the reward philosophy of the organization. However, it is difficult for the organization to develop reward policies in accordance with the companys interest along with the employees contribution. The reward system should be effective so that it can retain the high performance in an organization. The organizations are highly dependent on the employees work motivation, therefore, it is vital for an organization to plan a suitable reward system in order to gain better outcomes for employees (Ingram et al., 2015, pp.255). Employees work motivation and satisfaction can be boosted up with the right combination of immaterial and material rewards. It is also important to enhance the commitment of employees to the company. The organization runs more effectively and efficiently when employees are motivated and satisfied with the policies and compensation of organizations. A motivated workforce is a vital aspect of the success of the organization. On the other hand, an unmotivated workforce has the tendency to disrupt the whole organization in order to attain the goals and objectives of that organization. It is important for employers to understand the effectiveness of the reward system and policies as it is useful to meet the objectives of an organization. It is notable to mention that rewards are a positive outcome that is earned on the basis of the efficacy of employees. A reward often follows whenever an employee makes a significant effort to achieve the objectives of an organization.

Organizations use efficiency wage theory to place themselves in a better position in the market as it helps to motivate employees which leads towards higher productivity. It must be taken into consideration that reward policies address various broad issues achieving equal pay, the role of line managers, market stance, the approach to the total reward, and the importance of internal equity and external competitiveness. The concept of the total reward is totally based on reward management. Total reward includes all kind of rewards such as employee benefits, contingent pay, base pay, and non-financial rewards. The implementation of total reward in the organization is beneficial to improve the performance of employees and to motivate them to increase the productivity which improves the overall performance of the organization. The effective way to enhance the motivation and performance of an individual in the establishment of fun, challenging, and empowered work environment that helps in the identification of employees skills and abilities and encourage them to work in an effective way. The appreciation is likely to be a more certain way to enhance the performance of individuals by motivating them. It is found that the benefits of a total reward approach are far more than its drawbacks. The deeper and long-lasting impact has been created with the combination of all kind of rewards which will be useful in increasing the motivation and commitment of the employees. The total rewards promote a positive environment in the organization as employees will get aware that their slightest efforts can get them a reward. The total reward system provides flexibility for employees to meet individual needs. The use of total reward technique will allow individuals to perform well in the organization as it answers the individuals needs. It is noteworthy to mention that the total reward technique helps in engaging the employment relationship. With the help of proper reward system, employees will understand that their efforts and performance is meaningful. Therefore, they tend to work with more efficiency and try their best to achieve better results in order to attain more rewards. It will help in enhancing the performance of the organization.

Developing a proper reward system helps an organization to develop a sense of purpose and direction to compensate employees on the basis of their performance. The reward strategies are linked with the needs of the organizations and their employees. The organization needs to develop reward policies in accordance with the policies and procedures of an organization. There is a strong need to attract, retain, and motivate employees with the help of proper rewards so that the organization can prosper and excel its business. The organization needs to maintain competitive rates of pay in order to encourage their employees to perform better. The human resource management needs to implement the practices of total reward approach to reward their employees on the basis of their performance. The rewards and bonus must be in accordance with the contribution of employees. Slabs in the reward scheme will help to effectively compensation individual on the basis of their contribution. The researchers have found that the reward system helps in recognizing the value of each individual who is showing effective performance and making a contribution to increasing the overall performance of the organization. Human resource management needs to understand the value of reward management in the organization and its effect on the overall performance of the organization. People must be rewarded for the values they create. There is an urgent need to develop commitment and engagement in order to achieve an appropriate balance between financial and non-financial rewards. Regular expression of appreciation by managers and leaders is important for employees motivation. It is the core responsibility of managers and leaders to communicate with the employees in an effective manner as it will help them to understand the concerns and issues of employees.

The lack of proper communication in the organization mostly discourages people to share their concerns. If human resource management wants to increase the overall performance of the organization then they must positive communication strategies in the organization. It is notable to mention that finding a motivational reward for employees is a hard thing. However, with the implementation of effective communication in the organizations, managers and leaders will come to know about the interest of employees. By knowing the interest of people, leaders can decide what reward scheme is effective for employees. The effective communication technique will help an organization to express appreciation to the employee in an effective manner. Many researchers have found that individual rewards and total rewards may have a significant time lag. They suggest that simple rewards such as regular expression have a profound impact on the behaviour of the employee as it helps to provide them with positive immediate feedback. It is vital for the organisation to consider the importance of the entire system of reward management and apply it according to the actual needs of the organisation. It is worthy to mention that the idea of workers performance is closely linked with the overall reward structure adopted by the organisation. Different programs established by the organisations to enhance the idea of a reward system for the workers helps to align their work domains with the overall standard of productivity set by the higher management of the organisation. Establishment of proper reward management and execution of specific reward program make it easy for the organisations to achieve their targets of the higher performance level of workers. The main idea of reward management makes it essential to recognise and appreciate the professional performance level of the workers. The broad spectrum of reward management has appeared in the significant forms of workplace dynamic and the proper motivation for the workers to improve their performance level and increase their overall productivity.

Development of proper reward management program assists organisations to recognise the actual worth of the workers performance and how they play a positive role in the overall procedure of target execution. Increasing form of a sense of appreciation ultimately motivates workers to work hard and achieve performance targets effectively and efficiently. Upper management plays a critical role in the entire scenario by motivating workers to align their performance level with the entire organisational performance. Proper and practical consideration of the procedure of reward management can also be effective for the organisation to attain a better form of the loyalty of its workers. An initiative of offering different rewards for employees helps to remain stick with the organisation and provide their services to meet short-term and long-term organisational goals and standards. When workers have the necessary realisation of their value in the workplace than it eventually encourages them to work better and perform their tasks according to the requirements set by the higher authorities of the organisation.

Conclusion

To conclude the discussion about the consideration and development of reward management in the workplace setting. The overall idea of reward management is effective to build a strong connection between workers and the management of the organisation. Quality improvement is one of the key objectives for the organisation that is only possible with the exploration and execution of improved ideas about rewards and different compensations for workers according to their improved performance.

References

Chaubey, Dhani, Chandra, Ajita Durgeshmani Tripathi, Dr. (2018). Reward Management Practices and Its Impact on Employees Motivation An Evidence From Some Service Organizations In Lucknow. International Journal of Research in Computer Application Management. 8.

Ingram, T.N., LaForge, R.W., Schwepker, C.H. and Williams, M.R., 2015. Motivation and Reward System Management. InSales Management(pp. 251-280). Routledge.

Noe, R.A., Hollenbeck, J.R., Gerhart, B. and Wright, P.M., 2017.Human resource management Gaining a competitive advantage. New York, NY McGraw-Hill Education.

Law and International Law PAGE MERGEFORMAT 11

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Mass Communication Law Case Brief

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Mass Communication Law Case Brief

The case namely Commonwealth of Pennsylvania v. Jamal Knox is being held in the Supreme Court of Pennsylvania which will be deliberated in the paper. The decision of this case was made on August 21, 2018. In the original trial, Detective Zeltner and Officer Kosko were the plaintiffs who work in precinct 5. The defendant was Jamal Knox and the co-defendant was Rashee Beasley. The essential argument of the case is that Officer Kosko was doing a routine traffic stop of the vehicle driven by the defendants, Knox and Beasley. The defendants did not stop. They fed away, crashed the vehicle and ultimately attempted to run on foot. After they were caught, the police officers found Heroin, a gun, and lots of money. Knox, the defendant, also forged his name. Both Knox and Beasley were arrested at the scene.

While charges were still being processed, the defendants Knox and Beasley recorded a threatening rap song directed towards the police. The rap song primarily highlighted the names of Detective Zeltner and Officer Kosko. Besides, it threatened them by claiming to know the address and shift timings of the officer and detective. The intimidation aimed at killing them. Furthermore, the song mentioned the previous differences between the defendants with Officer Kosko and Detective Zeltner. The most critical aspect was the noise of guns fire, police sirens and horns in the background of the threatening song. Consequently, the defendants were arrested for intimidation and terroristic threats. Officer Kosko ultimately said he was so fearful that he had to quit the police force and move. Detective Zeltner said more security had to be placed at the precinct and was also more afraid for the safety of his family.

The trial court founded them guilty for intimidating the plaintiffs because they were witnesses in the defendants’ original arrest. Since the "true threats" directed towards the plaintiff were not protected by the first amendment, the defendants were found guilty for terroristic threats. In addition, the trial court found them guilty of possessing and intending to distribute drugs. The next court rejected the defendants’ claim that his rap was a protected speech under the first amendment because it was posted online and viewable by anyone. Therefore, the defendant requested a further review in the Supreme Court of Pennsylvania

To discuss the essential issue, it is a contentious debate whether or not the government can control statement made generally because the public disagrees, finds it offensive or the first amendment protects it. Moreover, the other central concern is whether or not speech that is referencing unlawful actions of harm towards an individual can be criminally charged.

The Supreme Court of Pennsylvania upheld the trial courts findings saying that the rap lyrics were not protected by the first amendment and the defendants were guilty of intimidating and making terroristic threats towards the plaintiffs. The sufficient provision of evidence manifested the verdict. When deciding whether or not the defendants could be criminally charged, the court directed the defendants could be criminally charged for their statements. Thus, the plaintiffs possessed a strong position in this case. The legal principle involved in the case was the authority possessed by the government to control statements under critical circumstances. For instance, the lap lyrics were not aimed at expressing rather intimidating and causing harm to others. The first amendment, irrefutably, nullifies such radical expression of thoughts. The following precedent assisted the court to announce the verdict. If a certain speech is obscene, defamatory, capable of causing criminal behavior, intended to act unlawfully or has the potential to inflict unacceptable harm, the specific speech can be limited.

To conclude, the case of Watts. V. The United States was utilized by the court as a precedent to determine the interpretation of material in the rap as a ‘true threat'. Violence is not protected under the first amendment because of the fear it can incite on the plaintiffs which can interfere with their lives. Another instance was also highlighted. The court highlighted the reference Virginia v. Black, which helped determine that the Constitution allows states to criminalize threatening speech if it is directed towards someone and is meant to intimidate or terrorize. In the deliberated case, the defendants mentioned the plaintiffs by name, claimed they knew the time of their shifts, where they lived, and the defendants also had radical motives because of their previous altercation with the plaintiff. It also infers a plan for murder by the material which highlighted shooting them with guns and breaking into their homes. The sounds of sirens, guns, and horns in the background made the case worst for the defendants. The bottom line is that the plaintiff could reasonably assume that violence was bound to happen because of the guns they found on the defendants upon the original arrest.

Masterpiece Cakeshop

Masterpiece Cakeshop

Case name: Masterpiece Cakeshop Ltd., v. Colorado Civil Rights Commission (2018)

Procedural history

Jack Philips was the owner of Masterpiece Cakeshop. He refused to bake the cake for same-sex couple stating that it was against his religious belief. Same-sex marriage was also not recognized by Colorado at that time. He offered to sell other cakes like birthday cakes. The couple filed suit against Philips claiming that he had violated Colorado Civil Right’s Commission.

Facts

The laws of the constitution stress on protecting the rights of gay couples.

The First Amendment gives the right of freely exercising religious beliefs.

Issue

The same-sex couple claimed that the denying cake for the wedding was a violation of the Civil Right's Act. They have a right to access anything like the general public. Religious beliefs do not give the right to violate civil rights CITATION Fin18 \l 1033 (FindLaw).

Holding

The act of commission in the case reflected a violation of the Free Exercise Clause. Philips treated the same-sex couple with discrimination.

Rule

The First Amendment and free speech were applicable to the case. It states that every citizen has a right to free speech and a right to exercise religion.

Reasoning

Violation of Civil Rights was applicable if Philips refused to sell other cakes also. Hos decision of refusing wedding cake reflects his religious beliefs. This is acceptable because he practiced his Free Speech right. Any citizen is free to express his views or practice his religious beliefs.

Disposition or judgment

As Philips denied to sell the wedding cake only he did not violate Civil Rights. This makes Philips non-guilty. Court has a duty to protect the First Amendment. The case was concluded in favor of Philips.

Notes

This case was used as a reference for other bakery owners where they encountered similar situations.

Work Cited

BIBLIOGRAPHY FindLaw. MASTERPIECE CAKESHOP, LTD. v. COLORADO CIVIL RIGHTS COMM'N. 2018. 02 04 2019 <https://caselaw.findlaw.com/us-supreme-court/16-111.html>.

Me

Zika Virus At A Resort

Introduction

Hotel guest rights are limited. A room reservation is a contract, even if it is not pre-paid. For this reason, any guest approaching to the hotel management gets a room. However, sometimes the hotel is fully booked, and there would not be any free room available for the guests. Most of the hotels operate under the standard of care requirements, i.e., they stay legally obliged to providing security, lighting, adequate heating, and safe environment.

The Situation

The resort hotel failed to provide health safety to the guests due to the presence of mosquitoes carrying Zika fever virus in its vicinity. Because of this health hazard, the guests who had paid non-refundable deposits to the hotel management desire to cancel their reservations. Other guests, who were staying in the hotel, contracted the disease. They are now suing the resort for their illnesses.

Legal Issues Identified

The legal issue discusses the health of contract made between the hotel and its guests in the context of health hazards.

Firstly, if the clients can cancel their room reservations at the hotel when they have paid non-refundable deposits.

Secondly, if the people who contracted the disease by staying in the hotel can sue the management for their illness.

Hotel Misconduct Laws in Florida

If a hotel has reserved a room for a guest, and later becomes unable, for one reason or another, to produce the room for the client then it is legally obliged to walk on the client. It means that the hotel management works on the principle of finding another accommodation for the client of equal or better grades. Although any law or regulation does not support this ruling instead it appears to an industry custom with no legal footing.

State and local laws such as the Florida Department of Business and Professional Regulations generally establish hotel responsibilities. As a matter of fact, most of the hotels operate under the standard of care requirements, i.e., they stay legally obliged to providing security, lighting, adequate heating, and safe environment. The Florida Department of Health regulates many aspects of the public lodgings.

Breach of duty of care occurs if the management of a hotel, motel or resort fails to ensure the safety of its guests. It is defined under the Premises liability law for hotels. In this situation, a person can sue the management for the claim of negligence. However, in this regard, the guest must prove that the management was aware or should have been aware of the hazardous conditions but failed to provide any protection, i.e., the onus of proof stays on the plaintiff.

Contract and Negligence Laws in Florida

Under Florida contract law, hotel reservation makes a binding contract (Fernandez & Yuan, 1999). The laws in the State recognize breach of contract in this regard. Under the Florida laws, the property owner is responsible for providing a reasonably safe environment for the guests. If a guest gets injured due to the owner’s negligence, he has the right to sue the property owner (hotel management in the case under discussion) under the law of premises liability. For this reason, the people who contracted the Zika disease from staying in the hotel can sue the management for their illness. Also, due to inadequate health safety efforts in the premises, i.e., due negligence, the clients can cancel their rooms’ reservation at the resort hotel because room reservation constitutes a binding contract.

Suggested Court Decision of the Legal Issue

For both of the legal issues, the following court decisions can be taken:

The first legal issue is that if the clients can cancel their room reservations at the hotel when they have paid non-refundable deposits. The plaintiffs can only bring a claim of negligence if they can prove that the management was well aware of the hazardous condition at the hotel. The court might decide that the people can cancel the contract any time but they would not get any deposits back due to the fact that entered into a non-refundable deposit contract with the resort hotel.

The second legal issue is that if the people who contracted the disease by staying in the hotel can sue the management for their illness. They can bring a lawsuit of negligence on the resort hotel in this regard. Primarily, they need to prove that they contracted the Zika virus by staying at the hotel. If proven, the court will compensate them for their damage. It means that the hotel management has breached their duty of care.

Relevant Case Laws

In 2018, a case titled O'Malley, et al. v. Hospitality Staffing Solutions surfaced. The plaintiff called the hotel management to inquire about his wife staying at the premises who was not answering to his phone calls. One of the administrative staff went to the room and reported that no one was present there. Hours later the husband returned to the hotel and found his wife lying on the room floor. She has suffered brain aneurism. Although no one is liable, under any law, to come forward and help a person in an emergency situation but when a person does so, he owes a duty of care towards the other person. In this case, the duty of care was breached.

Suggestive Management Plan for the Hotel

The resort hotel management must take the issue seriously. It must take the following steps in this regard:

The hotel management must close down the premises for two days for Zika virus treatment.

After the treatment, the hotel management must get a Zika virus free zone certification from the Florida Department of Health.

The certificate must be displayed in a public area such as lobby within the hotel premises.

The hotel management must regularly get its premises sprayed for elimination of Zika virus.

References

Fernandez, E. B., & Yuan, X. (1999). An analysis pattern for reservation and use of reusable entities. In Proceedings of PLoP (Vol. 1999).

O'Malley, et al. v. Hospitality Staffing Solutions, LLC,. S247501. CRC 8.SOO(g).

Me

Pers. Representative of the Estate of Starling vs. Fisherman's Pier, Inc., 401 So 2d 1136

Pers. Representative of the Estate of Starling vs. Fisherman's Pier, Inc., 401 So 2d 1136

An appeal was lodged by the appellant to overturn the ruling of the Circuit Court Broward County Florida. The appeal was against the judgement of the court on the charges against Fishing Pier. Inc., whose negligence resulted in the death of a past out drunk customer. The customer was lying near the ocean on the pier and rolled over into the water and drowned early in the morning (Starling vs. Fisherman's Pier, Inc., 1981).

The defendant did not provide the minimum requirement of safeguards along the pier. Henceforth, the customer was able to put himself in danger, which eventually led to his death.On the basis of this the judgement of the Circuit Court was overturned and the case was remanded (Starling vs. Fisherman's Pier, Inc., 1981).

Torts such as ‘Premises and Property Liability, General Premises Liability and Affirmative Duty to Act, Types of special relationships’ can be basis for prevailing in this case.

The Chief Judge in his opinion believed that a proprietor of an establishment does have a duty to provide the minimum safeguards but could not relate this unusual circumstance with any existing Florida case. The citing of ‘Section 41 of American Jurisprudence’ by the defendant does not apply to commercial enterprises but to chance bystanders. The citing of “Reed vs Black Caesar’s Forge Gourmet Restaurant, Inc.’ was not necessarily disagreeable by the judge but the facts of that case were different from this one. However, the facts of “Hovermale vs Berkeley Springs Moose Lodge” West Virginia case were similar and the Hovermale court held the lodge eligible towards providing minimum care corresponding to the situation at hand.

The torts, The West Virginia case and the facts of the current case were comparable in principle. So the Court held the particular circumstances mentioned as actionable cause and reversed its dismissal (Starling vs. Fisherman's Pier, Inc., 1981).

References:

Starling vs. Fisherman's Pier, Inc., No. 80-1711 401 So 2d 1136 (District Court of Appeal of Florida, Fourth District 1981).

Measuring Crime Victimization

Measuring Crime Victimization

[Name of the Writer]

[Name of the Institution]

Measuring Crime Victimization

What source of crime reporting data do you feel is the most important to researchers? Explain why.

Sources of Crime Reporting

Several sources of crime reporting data exist. All of them have been found accurate and reliable but not fully fine from every aspect. According to (Levitt, 1998), Uniform Crime Reports (UCR) has been found the most important for every researcher involved in the crime researches. The Uniform Crime Reports is the most crucial and important because it helps researchers to know and study all crimes that are known to law and police department etc. The UCR uses numerous ways of measuring criminal behaviors nature of crimes on both small and large level.

This source has been considered as the most important for researchers because it examines the reports the reasonableness, accuracy and several deviations which might indicate issues and errors with focusing on changes and modifications (Levitt, 1998). This source is the most important due to the reason that it provides fully detailed and comprehensive information to researchers about crimes or criminal incidents.

What method of collecting crime data do you feel is the most accurate? Explain your reasoning.

Most Accurate Methods

All methods of collecting crime data are efficient and provide high quality and accurate data and information, but they also have possible issues too. According to my personal findings, Uniform Crime Report (UCR) is the most accurate method of collecting crime data. This method is the most accurate because;

It gathers information about all crimes which are reported to law and concerned departments. The method eliminates the general survey and analysis that create issues or problems for researchers.

This method provides fully new, modified and updated data about all existing and new crimes occurred through analyzing updated records and reports even on a monthly basis (Baklin, 2008).

It presents crime counts of the nation as a whole as well as for states, regions, towns, cities, and institutes such as schools, colleges and universities. Hence, this method make the research and study very easy and simpler.

It has been found the most accurate methods because most (even all) law agencies are switching to use this method instead of others available.

What significant challenges do you think exist with regard to crime reporting? Explain.

Major and Significant Challenges

A number of challenges exist with regard to crime reporting. These challenges exist in many areas, but the most crucial ones are the challenges in measurements which are;

Reporting Reliability and Improvements: Simple assessments of characteristics exist which do not lead fully advanced and reliable crime reporting while additional focus on reliability improvement is required (Skogan, 1998).

Impacts of Self-administration: Needs to study and understand the impacts of self-administration on reporting errors in collecting crime data or survey of crime (John, Pepper, & Carol, 2013).

Response Issues and Challenges: Fully systematic analysis of self and official data is required while departments lack it in crime reporting.

How do you think these challenges can be overcome? Explain

There are many ways through which the above mentioned challenges can be overcome but the most reliable and fully realistic ones are below.

The researchers and all concerned bodies or departments should focus to bring improvement in the process of measuring crimes and information.

The challenge of impact of self-administration can be overcome if self-report in longitudinal studies has been used. Especially those that cover main parts of the life course (John, Pepper, & Carol, 2013).

The adaptation of fully advanced and systemic approaches & tools for analyzing one’s self and official data, can reduce and even eliminate the response challenge.

References

Baklin, S. (2008). Victimization rates, safety and fear of crime. Soc. Probs., 26, 343.

John, V., Pepper, J & Carol, W., Petrie. (2013). Measurement Problems in Criminal Justice Research. Doi: 10.17226/10581 Retrieved 16 August 2019, from https://www.nap.edu/read/10581/chapter/2

Levitt, S. D. (1998). The relationship between crime reporting and police: Implications for the use of Uniform Crime Reports. Journal of Quantitative Criminology, 14(1), 61-81.

Skogan, W. G. (1998). Issues in the Measurement of Victimization (Vol. 200). Washington, DC: US Department of Justice, Bureau of Justice Statistics.

Memo

Memo

TO:

From:

Date:

Subject: Pittsley v. Houser, 875 P.2d 232

Introduction

The case Pittsley v. Houser, 875 P.2d 232 (Idaho Ct. App. 1994 is a civil case filed on June 10, 1994 before the Michigan Court of Appeal. It was presided over by a bench of two judges WALTERS, C.J., and CAREY, J. However, others involved in the case to ensure that determination is made are David A. Frazier, Coeur d’Alene for the appellant, and harles H. Kimball, Coeur d'Alene, for respondent, acting for the respondent. In the case, the appellant Donald Houser, transacting business as Hilton Contract Carpet Co appealed the decision of the lower court and demand for fresh determination whether the Universal Conduct Code(UCC) is applicable in the case.

Fact

It is stated that Donald Houser (Hilton Contract Co.) established a business contract with Jane Pittsley for the installation of carpet at Pittsley’s home. Pittsley paid $4,402 to Hilton and therefore, Hilton paid $700 for installing carper as required. In the process of installation Pittsley raised issues with the installation and specifically pointed that the installation of the carpet was defective in several areas. Though Hilton Contract CO. tried to fixed the areas raised by Pittsley but the Pittsley still rejected an attempt and was not satisfied. Therefore, Pittsley demanded the full refund from Hilton Contract Co. On the other hand Hilton Contract Company, demanded to be paid the full amount and therefore, he demanded the balance from Pittsley. However, the lower court awarded Pittsley $400 and Hilton Contract Company awarded $902 by the lower court. Pittsley then appealed the decision to the district court and the decision was reserved. However, Hilton Contract Company then appealed the decision citing that the UCC was applicable in the case due to the fact that the defect was the installation of the carpet at home not the physical carpet and judgment vacated.

Issue

However, the disputed issue was whether the UCC is applicable or not. It was contested whether the UCC should be used or does in govern the case because the contract include both service and goods, since it Hilton was supposed to install carpet at Pittsley’s home.

Hilton appealed and said the case applied to the service, not the good. Since the original

contract was for the sale of a specific type of carpet, the UCC applies to this case

Decision

Hilton Contract Company made an appeal to the case, making an argument that the original contract involved the sale of a specific carpet and therefore, the case applied to the service. This therefore allows the UCC to be applied in this case.

Reasons provided

Pittsley wanted a purchase a specific carpet and fixed it into his house. He wanted a specific carpet from Hilton Contract Company. The installation fee was just added to the cost of buying the carpet but the original intention was to buy the carpet. However, the judges determined that the case deal with specifically with the purchase of the carpet not installation of the carpet because the original intention of Pittsley was to purchase the carpet and cost of installation was just an added advantage. And therefore, according to Article 2, of the Code applies because the carpet was sold in good condition. The defendants appealed for the early ruling by the lower court which granted the plaintiff’ petition a specific performance of certain agreement to sell of carpet. The plaintiff made an appeal to determine the damages for compensation. The judges were tasked to determine where the plaintiff and the defendant had a viable agreement or contract in relationship to the installation and purchase of carpet. The court was asked to determine whether there was a meeting of mind. The term of contract and whether the two parties abiding contract which can be used and the contract is subjected to UCC. This was to allow the court to determine whether the plaintiff violated an agreement which is an offense.

Conclusion

He disputed issues between the plaintiff and the defendants was whether the agreement existed of not. The defendant argued that he trial court did not make appropriate and sound ruling when ruled that there was application of UCC and therefore, the defendant never agreed with the plaintiff. It is argued that the amount paid for the carpet could not be charged relatively. It was argued by the defendants that the unilateral declaration is not a contract. A contract is made when parties come together and accepted and executed the agreed terms. It also becomes applicable when both parties sign the contracts. Therefore, the major disputed issue was whether there UCC could be applied in the case and whether the contract is binding both parties.

The judges made a ruling that there was an agreement between the defendants and the plaintiff and therefore, the defendants violated the agreement. The court also found that the agreement was signed for the purchase of a specific carpet and therefore, the UCC is applicable in the case.

The judges therefore, made a ruling that there was a contract to purchase carpet and the installation cost was just an advantage not part of the initial contract. The court therefore, found that there was not error in the judgment issued by the lower court. The court agreed with the early determination, which declared that there was an agreement and therefore, the UC is applicable in the case. The purchase of the carpet was the initial contract.

Michelle Carter DEFENDANT

Michael Carter defendant

Michael Carter's legal case poses many complexities of causation and suicide. The defendant was found guilty of involuntary manslaughter in the Bristol Juvenile Court of Massachusetts. She convinced Conrad Roy, her boyfriend to commit suicide. Roy exited the car by pumping carbon monoxide. Carter told Roy to "get back in". this created a controversial issue as she was accused of the suicide and plotting behind it. The central argument stresses on the causation. Considering the motives makes Carter guilty of the accident because she influenced Roy to commit suicide. Because Carter's words reflect an aggressive view she is responsible for causing the accident.

Investigations proved that Carter was in direct contact with Roy across different platforms. The investigation team revealed records of their conservation on phones, emails and social media. According to law, “suicide has been considered a superseding act which breaks the chain of legal causation” (Natasha & Sanchez). Although behavior of Carter is morally repressive but it is difficult to prove that she face legal implications. A predictable and clear legal standard is required for evaluating the causation in Carter’s case. It is possible to prove Carter’s guilt by evaluating the components of the suicidal cases. The involuntary manslaughter can be proved on the basis of defendant’s conduct that is intentional, reckless and caused death to the victim. The interpretation of Carter’s interaction with Roy over social sites and text messages can be used for proving her intentional involvement in suicide. However the Massachusetts practice series lacks relevant section for causation. To prove her guilt and involvement in crime causation must be proved.

It is important to understand causation in law for determining the crime of Carter. It is essential to prove that the defendant is the direct cause of the incident. Because Carter convinced Roy to suicide that can be confirmed through their conversation history, she can be proved guilty. The use of words, "get back in" depicts that she intentionally provoked him to excite the car. This can be used as evidence for proving Carter's role in suicide. It can also be proved that the act of carter was reckless because she ignored the consequences of the accident. Similarly, the principle of causation also requires that the event caused harm to the person.

The analysis of the case depicts that Carter made a voluntary, free and deliberate choice. The principle of free-will is sufficient for proving her guilt in the case of Roy's accident. The opponents of the case state that Carter did not provide the means for committing suicide. This can be used as a reasonable claim for protecting her from the accusations. However, the harm caused to the third party has a direct association with Carter. Her intentional involvement in the case can be used for proving that the case is beyond a reasonable doubt. Because the intentions of Carter assisted the physical act of Roy she can be proved guilty of the crime. The court can apply the reasonable juvenile standard for identifying the reasonable punishment for Carter.

Although Carter was guilty of the crime proved by the causation and her intentional role in the case but she must receive the punishment that is less harsh. The conversation records can be used as evidence for proving Carter's guilt. The age of the defendant must be considered before confirming her intentional involvement in the crime. The overall analysis of the debate depicts that direct involvement, voluntary decision and intention proves the guilt of Carter.

Work Cited

Natisha Lance & Ray Sanchez, Judge Finds Michelle Carter Guilty of Manslaughter in Texting Suicide Case, CNN (April 2019), http://www.cnn.com/2017/06/16/us /Michelle-carter-texting-case/index

Michelle Carter V. Commonwealth

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Michelle Carter V. Commonwealth

Introduction

There are certain cases that have the capacity to capture the imagination of the general public. One of such cases was the Commonwealth vs Michelle Carter, which gained considerable coverage at the national level. One of the reasons that the extensive coverage was being given to the case was due to the fact that how it played out. It involved the suicide of the Conrad Henri, an 18-year-old male as he was encouraged into taking his life. The encouragement came from his long-distance girlfriend, Michelle Carter, who was made to be the subject of the investigation during the course of this case. The case become a major headline grabber across the United States as it was known as the texting suicide case. In this paper, it is going to be argued that even though there needs to be investigation against Carter for encouraging him for the suicide, the eventual blame of the whole case must fall on Carter. he case raised complex questions about criminal responsibility.

History of Henri Carter

If one looks at the mental health history of Carter, it becomes very clear that all was not right with him. He was suffering from depression and hosts of the other mental healthcare issues and the way these issues were being handled, there were long term problems in terms of the way long term complex questions were being responded to at the given point of time. There were several instances where he had showed his willingness to die and it went on to show that he was in need for help, which should have been coming from the community but that was not the case this time around. This was not the only issue that was faced by him, it can be seen that he was also suffering from anxiety and due to that, he had a hard time making sure that he went into school. Even though he was counselled by different therapists, the problem became worsened with the passage of time.

Role of Consent

Even though the argument can be made that how Michelle was the one that should have supported him and would have pursued him to get a better life, the argument can be made that how he was an adult who was at the age of consent. At this age, he would have a fair insight about what are going to be some of the social groups that he should have been involved in and effort was needed to be made by him to make sure that how he was able to get his life back on track. Instead of doing that, he was always trying to stay aloof and when he got into a relationship, he got involved in a situation where the girl he got into relationship was not mentally fit enough to provide him with good insight. Carter was convicted by a judge of involuntary manslaughter, who stated this was due specifically to a final text in which Carter told Roy to get back in his truck, which was filling with carbon monoxide, when he became scared.

Conclusion

In the hindsight, it can be said that the case is difficult to comprehend due to the fact that how the encouragement came from Michelle in the form of the text messages. Here it can be seen that there is no threat of the physical violence that came on her part, and instead it is all about how the consent was witnessed in the given case at the particular point of time. So, all these things are needed to be kept in mind when analysis of this case is carried out.

MIDTERM

Mid Term Examination

Nathalia

[Institutional Affiliation(s)]

Author Note(s)

Multiple Choice Questions: Answers only

Last 5 questions are True & False

Last 25 Answers were asked by the Assignee

Mid Term Examination

MCQ Answers:

26. A: Voir Dire

27. B: Hearsay

28. C: Venue

29. A: Brady v. Maryland (1963)

30. D: Proof beyond a reasonable doubt

31. A: Prosecutor

32. A: Acting Justices

33. D: A suit regarding a United States Treaty

34. B: Plaintiff

35. C: General

36. C: The Court of Appeals

37. C: Pro se

38. D: The preponderance of credible evidence

39. A: Appellate jurisdiction

40. D: Body of the crime

41. B: Criminal Procedure Law § 30.30

42. C: Gideon v. Wainwright

43. B: Appellate Division 2nd Department

44. D: Call in the new witness and investigate whether anything further needs to be done

45. C: 23; 16

46. True

47. False

48. True

49. True

50. False

Motivational Interviewing

Motivational Interviewing

[Name of the Writer]

[Name of the Institution]

Motivational Interviewing

Introduction

The historical framework of guiding and counseling, however moderately new, is rich. It is essential to take note of the impact on the wide field of brain science. However, a significant part of this field is extraordinary, therapy, counseling and the research being made on the human brain are part of the equivalent psychological well-being tree. This field of counseling created from the direction development in light of acknowledgment of a requirement for psychological wellness and direction guiding for people confronting progress achievements. This paper will shed light on the history of counseling and how important this field is in modern-day science and the advancement of associations giving proficient setting and responsibility.

Discussion

History

The profession of counseling was created from multiple points of view from reactions to changes in the public arena. In the mid-twentieth century, when the need for counseling was just beginning, humanistic change, with an expanded accentuation on the estimation of every single person, was likewise developing. Human characteristics, for example, decision, inventiveness, self-acknowledgment and eventually the estimate surprisingly turned into the focal point of human change and intercession (Jun, 2018). During this time of humanistic change, human civilization saw modifications in states of detainment facilities, refuges, and many organizations dependent on the humanistic standards mentioned previously. The center was towards healing all customers, paying little mind to condition, in a way that respected and boosted their potential for progress and improvement of their overall condition.

Simultaneously, the educational structure of the world was taking a lead in this change through its attention to humanistic training, incorporating focused learning for students with the educator as a mediator. Further, improvement of oneself being the main objective of the students, and participation. The humanistic change prompted another method for reviewing the individual and the assistance of human prosperity. The world at this time was also going through drastic changes with industrial revolutions that were changing and transforming the daily needs of humans (Jun, 2018). The industrial revolution made many diseases and health-related problems common among the society as a result of Industrial revolution as people were moving and traveling from all over the country to the industrial sectors, individuals were severely overloaded, that eventually caused in a rise in sickness and therefore the starting of slums and impoverishment. This overall transformation made many issues common for humans at that time as the total living structure changes over time of a few years. Needs and dependency changed and there was no mechanism of countering the issues at that time that were related to health.

Counseling that time was influenced by the three most important people of that time namely Frank Parsons, Jesse Davis, and Clifford Beers. Parsons, and Clifford Beers. A leader in the reaction to instructive change, Jesse Davis, however, was the principal individual to create government-funded schools for advising and direction programs. As ahead of these programs, Davis required his understudies to expound on their professional advantages on a week after week premise. Davis accepted that character advancement was vital to counteracting social issues and to make great associations with different students. Davis was emphatically impacted by Mann and Dewey and accepted that if youngsters were given legitimate way, the problems of an inevitably industrial society could be met. In this way, he pushed for the imbursement of professional improvement into the conventional educational plan. The objectives of the professional center were to help all the students in understanding their character and in turning out to be socially mindful specialists. Parsons accepted the more individuals got themselves and the profession decisions accessible to them—explicitly their abilities, assets, and interests, the more fit they were of settling on education and associated decisions (Jun, 2018). In 1909 Parsons composed Choosing a Vocation, a profoundly influential book that required the assignment of teachers as professional coaches. Different schools adopted Parsons' model and started executing their professional direction programs.

Elements

A hypothesis of counseling goes about as a guide for counselors: It guides them through the way toward getting their patients and their issues and creating arrangements. Developing from their initial encounters and normal draw, successful instructors show a disposition that human instinct is mind-boggling to the point that they would never conceivably quit learning in this field. Such a frame of mind is extremely only a characteristic and unsurprising augmentation to having an early, significant, and veritable interest with attempting to comprehend human instinct (Owens, Flores, Kopperson & Allan, 2019). Along these lines, it turns out to be anything but difficult to recognize these alumni understudies; they need to pick up entirety about everything. Conversely, those attempting to make sense of their issues are bound to have the total of their assignments and papers mirrors their very own territory of intrigue. Past a frame of mind that human instinct is unpredictable to such an extent that one can learn constantly, successful instructors show the accompanying conventional individual attributes.

Warmth, validity, sympathy, humanity

More prone to build client relationship

More articulate and better with communicating with the client

Always looking to grow their usual range of familiarity by taking a step at more significant standards and principles

Two articulations are familiar when attempting to portray the contrasts between close to individual attributes and intellectual capacity. The first is "important, yet not really adequate." as such, having the above noted individual attributes is "fundamental, however not really adequate." In other words, customers need to feel and watch those individual qualities to be open to talking with the counselor about them. In any case, being "pleasant" is not enough; counselors should likewise have something to offer. In particular, they should have some specific information, hypothetical complexity, and aptitudes in the event that conceptualization in conjunction with evaluation and intercession aptitudes. Successful counselors realize how to survey, conceptualize and mediate and do so unquestionably and consistently with customer needs (Owens, Flores, Kopperson & Allan, 2019). These advisors are talented to such an extent they will argue that "opposition" does not exist, as they are specialists at timing the conceptualization and treatment process with the full commitment of their customers.

The other articulation which is quite familiar is when attempting to depict the contrast between close to individual qualities and psychological capacity is that "individuals first need to realize the amount you care before they will discover the amount you know." This is like the idea of a doctor having a decent bedside way. It suggests that individuals may need to feel great with their advisors and counselors, that they must have something one of a kind to offer from their specific preparing. Advisors who do not put altogether in their course work, on-going picking up, examining and expert advancement are every now and then restricted in having specific aptitudes to offer. Turning out to be compelling requires some investment and it additionally expects one to acquire particular aptitudes that are grounded in research and writing. Distributing and introducing improve the degree of refinement in information and verbalization.

Approaches

Each counselor is unique. Be that as it may, all the counselors and advocates ought to be conscious and give you an opportunity to settle on your own choices. Various counselors have a variety of approaches and like to concentrate on various regions and attempt numerous procedures. Fill the advocate in as to whether you are unsettled about the methodology they are taking. Some of the time directing can be sincerely depleting on the off chance that it constrains you to see issues you would preferably overlook. Over the long haul, investigating these issues may be beneficial for you. Nonetheless, the guide will pull back on the off chance that they feel that investigating these issues is a lot for you. Guiding works best when you continue ahead with and trust the advisor (Owens, Flores, Kopperson & Allan, 2019). It might take you some time to feel great conversing with your advisor, yet this is very ordinary. On the off chance that you feel that you are not continuing ahead with your instructor in any capacity whatsoever, request to see another person. Nonetheless, it truly is essential to give your relationship time before concluding that you need to change instructors.

Counselors work with different clients from different backgrounds. People must seek out counseling who are facing personal crisis foremost. These can be a financial crisis, health crisis, crisis related to personal endeavors and even at times it is seen that students are seeking counseling. It is a known fact that during harsh times it becomes difficult for many people to remain emotionally stable and tackle hardships. Counselors provide the help that is soothing to the human mind where personal feelings are shared at a very crucial time. On the off chance that someone experiences ill effects of clinical despondency, uneasiness, bipolar issue, compulsive disorders, and substance misuse and be addicted to drugs or self-destructive considerations then one should seek counseling. Indeed, even individuals who experience milder discouragement, tension, or low confidence may discover treatment accommodating.

Reality Therapy

Reality Therapy is a remedial methodology that focuses on critical thinking and settle down on improved verdicts to accomplish explicit purposes. Shaped by Dr. William Glasser, reality therapy and treatment is centered on the present time and place instead of the past. The objective of this conduct is to take repair issues, revamp relations and start touching the direction of a superior future. The counselor works with the patient to make logic of what they need and how their present practices are bringing them closer or moving them far away from their objectives (Haskins & Appling, 2017). Integral to reality therapy is a confiding connection among patients and counselors that endeavors to make the patient have a sense of security, heard and regarded. This relationship is supported by finding more beneficial ways for patients to get their essential wishes met.

Together, Counselors and patient investigate the perfect answer for issues and spread out the means to make those arrangements a reality. They additionally make a legit assessment of the patient's present decisions and practices to decide if the change is expected to accomplish the patient's objectives. All through the procedure, accentuation is set on those activities and musings that are inside the patient's control as opposed to accusing or attempting to control others (Haskins & Appling, 2017). This therapy is closely related to counseling as both depend on one main factor to be successful which trusts. A trustful relation between the counselor and the client is the source of success. Reality treatment and therapy is an exceptionally viable approach to take care of concerns and set and achieve aims. With a prominence on altering contemplations and activities, reality treatment engages people to improve the present and future. As the patient meets slight triumphs their certainty improves, considering further developed objective setting and critical thinking.

Counseling is more related to problems that are associated with the past most of the time and provides treatment to the bad experiences a person might have faced (Haskins & Appling, 2017). The methodology of reality therapy rests on the likelihood that our most significant necessity is to be cherished, to sense that we have a home and that all other vital needs can be satisfied distinctly by the construction of solid associations with others. Reality treatment instructs that while we cannot regulate how we trust; we can regulate how we think and carry on. The goal of reality treatment is to assist individuals with assuming responsibility for improving their very own lives by reckoning out how to settle on healthier choices. The standards of reality therapy can be utilized for singular, parent and children relation, and family guiding. Studies have demonstrated the adequacy of reality treatment in treating compulsion and other complex issues. It is likewise a methodology that works with individuals in initiative situations in instruction, training, organization, and the executives, where critical thinking, ingraining inspiration, and attention on accomplishment assume fundamental jobs in their association with others.

Conclusion

It is common for a person to feel emotionally unstable and face hardships, to have a successful life people face many issues from personal to public levels. It is comforting to know that there are people who are willing to understand the thinking of a human brain and how it works and are eager to listen to their stories so that they can provide assistance and counseling. The history and study of counseling are rich and new, and it still has a long way to go so that human thinking can be correlated with daily life actions with more certainty. Both counseling and reality therapy are similar with just a couple of differences.

References

Haskins, N. H., & Appling, B. (2017). Relational‐Cultural Theory and Reality Therapy: A Culturally Responsive Integrative Framework. Journal of Counseling & Development, 95(1), 87-99.

Jun, H. (2018). Social justice, multicultural counseling, and practice: Beyond a conventional approach. Springer.

Owens, R. L., Flores, L. Y., Kopperson, C., & Allan, B. A. (2019). Infusing positive psychological interventions into career counseling for diverse populations. The Counseling Psychologist, 47(2), 291-314.

Movie Review_ Comparison Paer

Movie Review _ Comparison Paper

[Name of the Writer]

[Name of the Institution]

Movie Review _ Comparison Paper

Introduction

The police department is an interesting department on which different movies are being made all over the world. There are a number of movies and TV shows that are being on the different aspects of the police department. There are a number of aspects that can be targeted and highlighted in various sorts of media. Movies are an important and very effective source of conveying any message to the audience in a very short span of time. The director or the producer has to instill their point of view in the minds of the audience in the given period of time and convince them as well for their school of thought.

The police department has always been a controversial aspect not only in the social circles but also in the circles of the media. Hollywood has always tried to bring out the positive aspects of the Police department by making movies on their efforts that they put into solving the cases and catching the culprits. Most of the times, the movies made in Hollywood revolve around praising the efforts of the Police either in hidden or in open words (O'Brien, 2012). These pieces of production mostly exhibit the police officers working tirelessly to solve some complicated case of murder, robbery or abduction and catching the culprits (sometimes red-handed).

As the nature of the job of police department is very serious hence most of the movies made on the topic are serious in nature and tend to pass on serious and lesson-oriented messages. Only there are some instances when there are funny movies made regarding the police department and their duties. In these movies, the roles and duties of the police department are shown in a lighter manner and these movies show a single actor or a person doing funny acts in the shape of a Cop and ending up in performing something extraordinary. One such movie is Paul Blart: Mall Cop.

Discussion

Paul Blart: Mall Cop is another masterpiece out of the house of Adam Sandler production house. The picture stars Kevin James as Paul Blart. Along with Jayma Mays as Amy Anderson and Keir O'Donnell as Veck Simms. The supporting roles are being played by Raini Rodriguez as Paul’s daughter Maya Blart and Shirley Knight as Paul’s mother Margaret Blart. Paul Blart: Mall Cop was produced by Adam Sandler, along with Kevin James, Todd Garner, and Berry Bernardi and directed by Steve Carr. The writing credits go to Kevin James and Nick Bakay and the movie was released all over the world under the banner of Happy Madison Productions and Relativity Media on January 16, 2009.

Summary

The movie “Paul Blart: Mall Cop” is about a guy Paul Blart, who has multiple issues in life. Pail works as a mall Cop in the West Orange Pavilion Mall. He dreams of joining the New Jersey State Police Department, and for this purpose, he also joins the police academy but there is an issue. He is hypoglycemic and his medical and obese condition does not let him pass the test as he collapses before the final exam (Carr, Sandler, Giarraputo, Garner, James, & Bakay, 2009).

Moreover, this does not end here: Paul Blart also does not have a very soothing personal life as well. He is also dealing with a failed marriage at the same time. He is living with his old mother Margaret and his estranged teenage daughter, Maya, in West Orange, New Jersey. While working in the mall, Paul develops an affiliation with a vendor of a newly erected kiosk, named as Amy Anderson. Amy is a young and charming lady who is very hard-working and very ambitious about her job. Paul Blurt has also been assigned the duty of training a newly inducted security guard, Veck Simms, who’s capable but not much interested in the job.

On the eve of Black Friday, a gang of robbers disguised as Santa’s Village employees, enter the mall and start what seems to be like a bank heist. They take Amy and the other customers in the mall as a hostage and use these hostages as insurance to get out of the mall safely. Blurt learns a shocking truth that Veck Simms is the leader of the gang and joined the mall security job only to gather information about the mall,

Blart who had been on a break come back to the mall and discovers about the current situation. He informs the police and gets to know that Amy is also inside the mall, by watching her car in the parking lot. Moreover, Blart’s daughter, Maya, also arrives in the mall completely unaware of the situation. Simms also adds her to the hostages and uses her to blackmail his father. Meanwhile, the police arrive and barres Blart from taking any action but he refuses. He learns that there are hidden credit card codes in invisible ink on the arms of the members of the gang and gets to understand that their plans are much deeper than robbery. Paul Blart uses intelligent strategies and smart movies to get the members of the gang own one by one and get his girlfriend and daughter out of trouble.

Comparison

Although the movie has been made in a comical way and its sole purpose is to entertain the audience it gives many life lessons to the audience (Beugnet, & Schmid, 2017). Although, there are many things that in contrast to the real life. Such things never happen in the real life. Although there are many twists and turns in the movie that provide guidance about the situations in real life. One of the examples of the disparities between the movie life and the real duties of the cops in real life is that when the cops arrive in the mall (Paul, 1994).

Conclusion

Hence, in short, it can be concluded that Paul Blart: Mall Cop is an excellent piece of production and a must watch for anyone who is looking for a little dose of entertainment. The movie gives an insight into the tough job routines and duties of the people working in the shopping malls especially the security staff. The film also throws light over the struggles of a common man who is ambitious about his dream but is also struggling with the realities. He is struggling to lose weight to fit into the picture of his dreams and deal with the complications of the relationships in the form of a failed marriage and estranged daughter. Then luck provides him a chance to be a hero and prove himself, which he avails completely and succeeds in gaining the trust of his family and loved ones.

References

Beugnet, M., & Schmid, M. (2017). Proust at the Movies. Routledge.

Carr, S., Sandler, A., Giarraputo, J., Garner, T., James, K., & Bakay, N. (2009). Paul Blart: Mall Cop. Columbia Pictures.

O'Brien, H. (2012). Action movies: The cinema of striking back(Vol. 51). Columbia University Press.

Paul, W. (1994). The K-Mart audience at the mall movies. Film History, 6(4), 487-501.

Nci Philosophical And Practical Approach For Balang Issues

Philosophical and Practical Approach for balancing Issues

[James Grey]

[Name of the Institution]

Philosophical and Practical Approach in balancing Issues

Individuals are endowed with some inalienable rights in this world. This inalienability of their rights is such that no one in the society has the authority to snatch their rights under any condition. Even higher authorities are not allowed to take these rights away under any conditions. However, the complexity of life entails that perfection is the word unknown in this world of uncertainty and unpredictability. In every society, there are some elements that deviate from the right pathway, and it is mandatory for authorities to put them on the right path again. Thus, here comes the concept of criminal justice and law enforcement agencies. Criminal justice is the philosophy that explains that even when the law enforcement agencies have to deal with criminals, they have to follow some set principles and some rationalized measures. Criminal justice professionals have to balance the opposing tendencies in the application of law in order to follow the path of ethics and morality. This focus on code of conduct, ethics and morality, and professionalism is pivotal in the performance of their duties. Law enforcement professional needs to harmonize public’s interest and the rights of individual in order to limit the crime rate in a society. Hence, balancing such issues is of paramount importance in criminal justice and for the criminal justice professionals.

The philosophy that is to be used while balancing the individual rights and the public’s protection is the doctrine of necessity and the doctrine of proportionality. This is the best approach that can be employed to deal with the multidimensional balancing issues in the criminal justice. Criminals and the law-breakers need to be punished, however, according to the nature of the crime. In this vein, if such balancing dilemma comes in the way of my service as criminal justice professional, I will analyze the seriousness of the crime to understand its intensity. Then, I will look into the damage that has been done to the surroudings with the committing of crime to understand its magnitude. As a result, this analysis would be helpful for me in understanding the necessity principle and to analyse how much public’s interest has been hurt. Furthermore, I would apply the doctrine of proportionality to select the appropriate punishment for those law-breaker. This is the same practical approach propagated in ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"tpykF1cW","properties":{"formattedCitation":"(Barak, 2012)","plainCitation":"(Barak, 2012)","noteIndex":0},"citationItems":[{"id":135,"uris":["http://zotero.org/users/local/ZD9MNZ2P/items/9B59YDZS"],"uri":["http://zotero.org/users/local/ZD9MNZ2P/items/9B59YDZS"],"itemData":{"id":135,"type":"article-journal","title":"Proportionality (2)","container-title":"The Oxford Handbook of Comparative Constitutional Law","source":"www.oxfordhandbooks.com","abstract":"This article focuses on one area governed by proportionality, namely, that of a right grounded in the constitution that is limited by a sub-constitutional norm (such as an ‘ordinary’ statute or common law rule). Such a limitation is constitutional only if it is proportional. It also considers the application of proportionality in those legal systems (such as the United Kingdom, New Zealand, and the Australian state of Victoria) in which there is no constitutional bill of rights and rights are based on a statute that provides, in its limitation clause, that the rights may be limited by law. The article begins by considering the methodological aspect of proportionality as the standard for determining the constitutionality of a sub-constitutional norm that limits a constitutional right. It examines the four elements of proportionality — proper purpose, rational connection, necessity, and proportionality stricto sensu (balancing) — and investigates the formal role of proportionality in limiting a constitutional right. The analytical investigation aims to determine the questions posed by the elements of proportionality, but analytical investigation alone cannot provide the answers to those questions. The answers are to be found primarily in the society's understanding of democracy, separation of powers, and constitutional rights. It is these answers that give proportionality its moral depth.","URL":"https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199578610.001.0001/oxfordhb-9780199578610-e-36","DOI":"10.1093/oxfordhb/9780199578610.013.0036","language":"en","author":[{"family":"Barak","given":"Aharon"}],"issued":{"date-parts":[["2012",5,17]]},"accessed":{"date-parts":[["2019",5,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Barak, 2012). Hence, it is a good to balance public’s welfare and individual rights of the criminal.

The balancing of reward and punishment is also significant when it comes to the application of criminal justice. Reward and punishment are much important in motivating and demotivating individuals. This principle really helps when it’s about de-linking individuals from criminal activities. For instance, if a case about juvenile delinquency comes, I will use the appropriate reward and punishment scheme to deter that juvenile from crime in future. In addition, I will give him an appropriate punishment. Nevertheless, I will announce the healthy reward scheme to stop him from committing crimes in the future. This same course is highlighted in ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"iLw0VPaO","properties":{"formattedCitation":"(Braithwaite, 1998)","plainCitation":"(Braithwaite, 1998)","noteIndex":0},"citationItems":[{"id":139,"uris":["http://zotero.org/users/local/ZD9MNZ2P/items/GPG4VHUN"],"uri":["http://zotero.org/users/local/ZD9MNZ2P/items/GPG4VHUN"],"itemData":{"id":139,"type":"article-journal","title":"A Future Where Punishment Is Marginalized: Realistic or Utopian","container-title":"UCLA Law Review","page":"1727","volume":"46","title-short":"A Future Where Punishment Is Marginalized","journalAbbreviation":"UCLA L. Rev.","author":[{"family":"Braithwaite","given":"John"}],"issued":{"date-parts":[["1998"]],"season":"1999"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Braithwaite, 1998). Thus, proper care must be given to reward and punishment in the dispensation of justice.

It is very common around the world to use excessive and violent strategies in the process of trial and interrogation as the believe in the Machiavellianism where ends justify the means . The criminal justice professionals use such extreme means to fully apprehend the criminal, and to make the trial harsher for him. They do so to avoid the criminal from committing crime again. However, it has been observed that such strategies are counter-productive as there is no correlation between the excessive interrogation strategies and the limiting nature of crime. Crimes are even committed out of resentment and agony. So, this strategy produces even more criminal tendencies in the law-breakers. It is witnessed that there are several ethical issues involved in the immoral means of interrogation. I would like to use the philosophy of fair trial. This is the main edict that is preached by every sane person in the world. Moreover, this right of no excessive punishment has been a part of Us Constitution under amendment 8. Thus, if a criminal comes who has committed a street robbery, neither his trail would not be that extreme that he becomes a hardcore criminal next time nor he should be awarded a death sentence for this type of criminal activity. Hence, immorality in the dispensation of justice must be avoided.

This ethics of care and peacemaking criminology is very significant for the law enforcement professionals. The ethical approach must be kept in mind, always. Basically, this ethics and peacemaking approach in criminology employs the non-violent means for the treatment of criminals. As a matter of fact, it is a movement that stands against social injustice, oppression and violence. This is the premise of the study ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"AtbDJ6T4","properties":{"formattedCitation":"(Bush & Dodson, 2014)","plainCitation":"(Bush & Dodson, 2014)","noteIndex":0},"citationItems":[{"id":134,"uris":["http://zotero.org/users/local/ZD9MNZ2P/items/3AXAAY5U"],"uri":["http://zotero.org/users/local/ZD9MNZ2P/items/3AXAAY5U"],"itemData":{"id":134,"type":"article-journal","title":"Police Officers as Peace Officers:","container-title":"Philosophical Criminology","page":"12","source":"Zotero","abstract":"Policing has evolved considerably over time and there have been significant changes in the past 200 years. As such, the mission of police has evolved as well and has mirrored changes in society. Policing has been categorized into various phases, typically referred to as the Political Entrenchment phase, the Reform Efforts, the Professional phase, and the Public and Community Relations phase. Within these phases, the focus of the police mission has changed from providing social service and assistance, law enforcement, police-community relations, and security. Furthermore, the dominant conceptualization of police as crime-fighters has influenced the conceptualization of police, police-community relations, and job-related stress. The purpose of this paper is to explore how peacemaking can facilitate a better understanding of the role of police for citizens, officers, and students who study criminal justice. Peacemaking is a way of thinking and acting that emphasizes “mercy and compassion” within processes and outcomes for the criminal justice system. Three major themes of peacemaking are connectedness, care, and mindfulness. We believe that a peacemaking approach could help officers develop the interpersonal skills and critical and dynamic thinking they will need to be more successful on the streets. Peacemaking also could help strengthen police-community relations and help the public better understand the roles and functions of police. Stories that exemplify the peacemaking approach to policing are provided and discussed.","language":"en","author":[{"family":"Bush","given":"Michael D"},{"family":"Dodson","given":"Kimberly D"}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bush & Dodson, 2014) where police officers are called peace officers when they duly adhere to this ethical and peaceful approach in dealing with offenders. Thus, peacemaking criminology is the essence of law enforcement agencies.

References

Bush, M. D., & Dodson, K. D. (2014). Police Officers as Peace Officers: A Philosophical and Theoretical Examination of Policing from a Peacemaking Approach. Journal of Theoretical & Philosophical Criminology, 6(3).

Barak, A. (2012). Proportionality (2). In The Oxford handbook of comparative constitutional law.

Braithwaite, J. (1998). A future where punishment is marginalized: realistic or utopian. UCLA L. Rev., 46, 1727.

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The society is facing more and more drug addiction in the youth. The issue is more aggravated because the majority of these users are school and college students who are supposed to represent the future of our community. I have also examined that the number of girls is affected by this issue than the boys. This is also alarming as these girls have more important roles to play in the community. The aim of this analysis is to identify the people involved in the supply of drugs to educational institutions. The other objective of this analysis is to help the youth to indulge in some positive activities after quitting this life-threatening habit. The same problem has also been identified by some other social organizations and there are some hoardings outside institutions showing the slogan ‘say no to drugs’ (Gandhi, Murphy-Graham and Petrosino).

Analysis

           A committee will be formed to investigate the major reasons for the increase in drug abuse, especially in educational institutions. For this purpose, a survey will be conducted to see the institutions which are affected the most by drugs and these institutions will be the primary focus of this study.  

           The use of technology will also help in studying the whole issue in detail.  Online historical data will be gathered to assess if there have been any changes in the pattern of drug abuse. As per my understanding, this abuse has certainly increased in educational institutions. Placement of hidden cameras around these institutions will also help in tracing the main culprits who are involved in the provision of the drugs to students (Kandel).

           One more issue related to this problem is the ease with which these students have been able to access the drugs. The data will be collected about the meetups of these students and especially those gatherings where drugs are used. In the next step, some common aspects of these gatherings are noted to reach some conclusions.

           In the past, police officers have kept an eye on the people who provided drugs in the schools. However, no solid steps have been taken to demolish their major bases from where they operate. The sources from where they get the drugs have also remained unidentified.

           There are no current responses to the problem other than the parents being forced to change the institutions of children over and over again. This analysis has conducted several interviews with the drug users and the major reply was that they started to take on the drugs out of the inspiration of friends.

           The major reason for this rise in drug abuse is that the parents are not fully aware of activities undertaken by their children. Another aspect is the lack of physical activities available to these students which also compels them towards drugs (Ettore, Chiabrando, and Castiglioni).

Response

           The first response from my department will be the deployment of a large number of street officers who will try and take a better knowledge of the community. Along with this strategy, I will contact some other departments to know the way they have approached the same problem in the past.

           The best intervention method will be to identify the providers of drugs and finish them along with their whole rackets. The addicts will then join the rehabilitation centers. On the community level, there is a need to increase the involvement of students in sports and other physical activities.

           I have already deployed many officers in the field to analyze the community and educational institutions in particular. These officers have traced many people who have been involved in providing drugs to the students.

Some rehabilitation centers have also joined the campaign to resolve the drug’s issue and bringing the addicts back to healthier life. Conducting sports festivals on a biannual basis is also under consideration.

Assessment

           As per my reports, there have been more than ten people arrested while trying to approach the students. Drugs have been retrieved from all these people. A small number of students has been shifted to the rehabilitation centers but these were just beginners in the drug abuse. It will take time for the regular addicts to come back to life.

Works Cited

Ettore, Zuccato, et al. "Estimating Community Drug Abuse by Wastewater Analysis." Environmental Health Perspectives (2008).

Gandhi, Allison Gruner, Erin Murphy-Graham and Anthony Petrosino. "The devil is in the details: Examining the evidence for "proven" school-based drug abuse prevention programs." Evaluyation Review (2007).

Kandel, Denise B. Stages and Pathways of Drug Involvement Examining the gateway hypothesis. Washington DC: Cambridge University Press, 2002.

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Part 1: Battling Domestic Violence by Amy M. Zelcer- Article Summary

In 2005, the Supreme Court in the United States announced to suspend the mandatory arrest statues. Different to the law, which requires Police to arrest offenders on the belief that abuse has occurred regardless of the victim’s attention or on the basis of discretion of an officer. The case of Gonzales made the way for the Supreme Court to look into this mater. In case 199, Lad got orders to confine domestic violence by protecting herself and her three daughters from Simon Gonzales, her ex-husband who has been continuously abusing them. He killed his three daughters, irrespective of the fact that Lad had been repeatedly notifying the police department in Castle Rock about the violation of orders by his husband. Supreme Court took into consideration the facts presented in the court and argued that enforcement of the orders is not essential. Finally, the court dismissed the complaints ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HvhaWxgd","properties":{"formattedCitation":"(Zelcer 2014)","plainCitation":"(Zelcer 2014)","noteIndex":0},"citationItems":[{"id":2036,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"itemData":{"id":2036,"type":"article-journal","title":"Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs","container-title":"Am. Crim. L. Rev.","page":"541","volume":"51","source":"Google Scholar","title-short":"Battling domestic violence","author":[{"family":"Zelcer","given":"Amy M."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zelcer 2014).

The Supreme Court, however, raise concerns on the nature of valid arrest throughout the United States. Many legal expert and advocacy organizations argued that this step is a backward approach held by the Supreme Court in cases pertaining to the domestic violence victims. The State law lacks authentic clarification and strong language, therefore the State legislative action focuses on amending arrest laws by indicating legal measures. State legal expert has also attempted to include strong language which might make its interpretation easier. At present, the decision pertains to be reactive toward domestic violence, rather acting to protect it ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CdrwtoXL","properties":{"formattedCitation":"(Zelcer 2014)","plainCitation":"(Zelcer 2014)","noteIndex":0},"citationItems":[{"id":2036,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"itemData":{"id":2036,"type":"article-journal","title":"Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs","container-title":"Am. Crim. L. Rev.","page":"541","volume":"51","source":"Google Scholar","title-short":"Battling domestic violence","author":[{"family":"Zelcer","given":"Amy M."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zelcer 2014).

Controversies about the mandatory arrest policies:

The arrest laws do not conform to each situation. They are not suitable weapons to fight domestic violence. These laws contradict the message the societal message that such laws of intimate violence to partner are unacceptable. Practically, these laws remain confined, in one way or another. Just in the symbolic sense, their interpretation remains crucial. Mandatory arrest laws go against women. They actually disempower women, since such laws remain narrow in scope to consider the preference of women or the victim with regard to arrest. In the United States, many women are against the arrest of their husband, but such laws force the state to prosecute their husband which result in the assumption that victim knows much less compared to the State. The law pays little heed to the pattern of abuse, and resultantly women have no role in the decision making about the mandatory arrest. Thus, this arrest is considered as a temporary issue in domestic violence. The mandatory arrest laws have also increased the chances of women’s arrest, as the police take into custody both women and the batterer. It is also disadvantageous for the women with children, as the child custody law also goes against women ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Ykx81OFY","properties":{"formattedCitation":"(Zelcer 2014)","plainCitation":"(Zelcer 2014)","noteIndex":0},"citationItems":[{"id":2036,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"itemData":{"id":2036,"type":"article-journal","title":"Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs","container-title":"Am. Crim. L. Rev.","page":"541","volume":"51","source":"Google Scholar","title-short":"Battling domestic violence","author":[{"family":"Zelcer","given":"Amy M."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zelcer 2014).

Special arrests:

The framers of the mandatory arrest law actually wanted to disseminate a strong response about domestic violence. The provision of these laws is actually horrific for the victims, batterer and for the general society. With time, it has been proved that mandatory arrest law is not advantageous to much extent. Different to this, a preferential policy about arrest assures a likely concession. Considering the advantageous and disadvantageous scope, the mandatory arrest laws must be substituted with arrest statues. These statues limit the jurisdiction of police and aspire that the state should take action in some certain circumstances. Their focus is to search for more than one response to domestic violence ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"7PxaadR7","properties":{"formattedCitation":"(Zelcer 2014)","plainCitation":"(Zelcer 2014)","noteIndex":0},"citationItems":[{"id":2036,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VVX4I4FH"],"itemData":{"id":2036,"type":"article-journal","title":"Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs","container-title":"Am. Crim. L. Rev.","page":"541","volume":"51","source":"Google Scholar","title-short":"Battling domestic violence","author":[{"family":"Zelcer","given":"Amy M."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zelcer 2014). Preferential arrest laws benefit the victim and give importance to their preferences, in this manner the victim’s point of view is included in the decision about the arrest. It also makes the space for police to listen to the suspect’s point of view more seriously.

Part II

Since none of the representative in the committee has a role in framing law about domestic violence and abuse, and each of them works in some sort of secondary role. Therefore, each person in the committee must find the most suited lawful approach to guarantee compromise. In case any reservation arises, the concerned members should forward such reservations to higher hierarchies in their respective departments.

Part III

List of data:

32.9 per cent of the Californian women and 27.3 per cent of Californian mean have been through physical violence by their intimate partners.

According to the data released by the national coalition against domestic violence (NCADV) suggests that in a single year, law enforcement has received around two lac calls against domestic violence. Among them around thirty-five per cent of incidents involved weapons.

Rape centres have served around thirty-two thousand prisoners annually.

In a single day, domestic violence shelters have compensated around six thousand women’s.

Part IV

Factors based on domestic violence which are considered in preferential arrest policy includes

The seriousness of the incident

The previous domestic or criminal record of the offender

Victim’s concern about how violence has been executed

The immediate consequences of partner’s arrest ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Q0YLGa1U","properties":{"formattedCitation":"(Zeoli, Norris, and Brenner 2011)","plainCitation":"(Zeoli, Norris, and Brenner 2011)","noteIndex":0},"citationItems":[{"id":2039,"uris":["http://zotero.org/users/local/s8f0QVnP/items/F4SF5ACK"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/F4SF5ACK"],"itemData":{"id":2039,"type":"article-journal","title":"Mandatory, preferred, or discretionary: How the classification of domestic violence warrantless arrest laws impacts their estimated effects on intimate partner homicide","container-title":"Evaluation review","page":"129–152","volume":"35","issue":"2","source":"Google Scholar","title-short":"Mandatory, preferred, or discretionary","author":[{"family":"Zeoli","given":"April M."},{"family":"Norris","given":"Alexis"},{"family":"Brenner","given":"Hannah"}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zeoli, Norris, and Brenner 2011).

Part V

The implementation of the policy will be monitored by adapting the model of the national coalition against domestic violence. Since it focuses individually on domestic violence cases, therefore, the model adopted by NCADV would be the most suited manner.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Zelcer, Amy M. 2014. “Battling Domestic Violence: Replacing Mandatory Arrest Laws with a Trifecta of Preferential Arrest, Officer Education, and Batterer Treatment Programs.” Am. Crim. L. Rev. 51: 541.

Zeoli, April M., Alexis Norris, and Hannah Brenner. 2011. “Mandatory, Preferred, or Discretionary: How the Classification of Domestic Violence Warrantless Arrest Laws Impacts Their Estimated Effects on Intimate Partner Homicide.” Evaluation Review 35(2): 129–152.

References

Pa (2019). Rockridgencpc.com. Retrieved 6 August 2019, from https://www.rockridgencpc.com/documents/fliers/POPandSARA.pdfrt

Lasch, C. N., Chan, R. L., Eagly, I. V., Haynes, D. F., Lai, A., McCormick, E. M., & Stumpf, J. P. (2018). Understanding Sanctuary Cities. BCL Rev., 59, 1703.

Zelcer, A. M. (2014). Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs. Am. Crim. L. Rev., 51, 541.

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By employing the thought experiment about the ‘Trolley Problem’, I will consider the most debated concerns and will analyze the moral, legal and ethical consequences of each scenario. Although the same and confused, there is a clear difference between morals and ethics. Moral largely deals the affairs among individuals, however ethics are a ‘prescribed code ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"wmgkgmPC","properties":{"formattedCitation":"(Marino 2010)","plainCitation":"(Marino 2010)","noteIndex":0},"citationItems":[{"id":184,"uris":["http://zotero.org/users/local/s8f0QVnP/items/7VMTV3PY"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/7VMTV3PY"],"itemData":{"id":184,"type":"book","title":"Ethics: The essential writings","publisher":"Modern Library","source":"Google Scholar","title-short":"Ethics","author":[{"family":"Marino","given":"Gordon"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Marino 2010)’ workable almost in all situations. To understand the differences between the meaning and concept of ethics and moral here, I can employ the understanding put forwarded by Lord Patrick Dalvin and Adolphus Hart. They both have worked extensively on moralism ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OZ7vFMXC","properties":{"formattedCitation":"(Foot 2002)","plainCitation":"(Foot 2002)","noteIndex":0},"citationItems":[{"id":186,"uris":["http://zotero.org/users/local/s8f0QVnP/items/9ZRJH43Z"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/9ZRJH43Z"],"itemData":{"id":186,"type":"book","title":"Virtues and vices and other essays in moral philosophy","publisher":"Oxford University Press on Demand","source":"Google Scholar","author":[{"family":"Foot","given":"Philippa"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Foot 2002). Despite the differences, I will use the ideas suggested by these theorists since their ideas represent the two differential point of views; which I plan to explain all through the essay.

As mentioned earlier, I will use the problem developed by Philippa Foot to consider the problems related to ethical concerns and theories in order to suggest the solution for this. The trolley problem; the car is confronting a situation where killing one passenger can save the lives of five pedestrians. So should the program be focused over sacrificing the passenger or the pedestrian? For a moment, every individual thinks, that stopping the trolley and emptying the track is the best option, however, the situation at here requires an unconventional approach. The individual can often think that since keeping the car on the same track will make it inevitable the killing of each person on the same track, therefore, the track should be changed and the persons on the previous track should be evacuated. However, the only available options remain is to either not play a role which can result in the death of the five persons or flip the car to sacrifice the one passenger. Here the programmer faces the moral dilemma since it has to be decided on the basis of ethical decisions which can create negative outcomes. Finally, the outcome of the decision will definitely be right or wrong.

By considering the two possible actions for the individual involved, I will now analyze the trolley problem. I will first explain the theories of Lord Devlin and Hart. I will then relate this problem to these theories. Hart, as being a totalitarian believed that each individual has some certain rights ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"bTDfqVxR","properties":{"formattedCitation":"(Raz 1984)","plainCitation":"(Raz 1984)","noteIndex":0},"citationItems":[{"id":189,"uris":["http://zotero.org/users/local/s8f0QVnP/items/GBII8JTA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/GBII8JTA"],"itemData":{"id":189,"type":"article-journal","title":"Hart on moral rights and legal duties","container-title":"Oxford J. Legal Stud.","page":"123","volume":"4","source":"Google Scholar","author":[{"family":"Raz","given":"Joseph"}],"issued":{"date-parts":[["1984"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Raz 1984), therefore considering his view, the flip action which might end the life of an individual is unacceptable. In any situation, Hart’s theory cannot be interpreted as killing the only person on the road is an acceptable option. For him, it is by all means morally wrong to decide the fate of an individual’s life. He appears of the view that no individual has the right (by any mean) to interfere in the life of others, whatsoever are the consequences. The totalitarian approach in the sociological context don’t care for the outcomes, it just focuses on some certain initial action which should earn a positive outcome.

In contrast to this, the Utilitarian approach offered by Devlin considers the flip side as an argument. This approach of Devlin interpret each cause of the intended action and sums up the debate by suggesting to choose the best outcome ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"UN3PcV8I","properties":{"formattedCitation":"(Dworkin 1966)","plainCitation":"(Dworkin 1966)","noteIndex":0},"citationItems":[{"id":187,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"itemData":{"id":187,"type":"article-journal","title":"Lord Devlin and the enforcement of morals","container-title":"The Yale Law Journal","page":"986–1005","volume":"75","issue":"6","source":"Google Scholar","author":[{"family":"Dworkin","given":"Ronald"}],"issued":{"date-parts":[["1966"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Dworkin 1966). A participant who is the follower of this approach will consider the most suitable option, which considering the case study is to switch the car toward one passenger. As argued by Philippa's foot, ‘the greatest good should be for the greater number of people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"u3AO3Rbe","properties":{"formattedCitation":"(Dworkin 1966)","plainCitation":"(Dworkin 1966)","noteIndex":0},"citationItems":[{"id":187,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"itemData":{"id":187,"type":"article-journal","title":"Lord Devlin and the enforcement of morals","container-title":"The Yale Law Journal","page":"986–1005","volume":"75","issue":"6","source":"Google Scholar","author":[{"family":"Dworkin","given":"Ronald"}],"issued":{"date-parts":[["1966"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Dworkin 1966)’. This thought is derived from the ‘greater happiness principle’ again crafted by foot. The application of this principle suggests choosing the flip action. The participant involved choosing this option will justify his actions by referring to the lifesaving of five people. They will suggest that saving five lives is far better option compared to the second option. Although, by all means it is wrong to pick and choose between whom to kill or not, the utilitarian approach has reasoning behind this. The utilitarian principle suggests that ‘morality is based on the quantitative maximization ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"oryX3WEA","properties":{"formattedCitation":"(Dworkin 1966)","plainCitation":"(Dworkin 1966)","noteIndex":0},"citationItems":[{"id":187,"uris":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/JMDDAFLN"],"itemData":{"id":187,"type":"article-journal","title":"Lord Devlin and the enforcement of morals","container-title":"The Yale Law Journal","page":"986–1005","volume":"75","issue":"6","source":"Google Scholar","author":[{"family":"Dworkin","given":"Ronald"}],"issued":{"date-parts":[["1966"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Dworkin 1966)’. However, this approach is misinterpreted many times.

Another factor which appears important is the reference toward the legal implications of this. Since it will be an injustice to explain and interpret moral and ethical problems in certain kind of the situation, without mentioning its legal interpretation. It appears pertinent to refer to the difference between moral and legal rules. The concept of law in this situation suggests that ‘ ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Mt5q1qA0","properties":{"formattedCitation":"(Hart et al. 2012)","plainCitation":"(Hart et al. 2012)","noteIndex":0},"citationItems":[{"id":192,"uris":["http://zotero.org/users/local/s8f0QVnP/items/ILQU42LA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/ILQU42LA"],"itemData":{"id":192,"type":"book","title":"The concept of law","publisher":"oxford university press","source":"Google Scholar","author":[{"family":"Hart","given":"Herbert Lionel Adolphus"},{"family":"Hart","given":"Herbert Lionel Adolphus"},{"family":"Raz","given":"Joseph"},{"family":"Green","given":"Leslie"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hart et al. 2012)if any individual becomes involve in the action which is large and by law considered wrong, irrespective of the fact that it goes with morals and ethics, the individual will be held accountable ’. Hart also explains this situation as ‘if an individual breaks the law or commit an act which goes against the prescribe law, by all means, he or she will be held accountable, and will be punished legally ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CUhECLy7","properties":{"formattedCitation":"(Hart et al. 2012)","plainCitation":"(Hart et al. 2012)","noteIndex":0},"citationItems":[{"id":192,"uris":["http://zotero.org/users/local/s8f0QVnP/items/ILQU42LA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/ILQU42LA"],"itemData":{"id":192,"type":"book","title":"The concept of law","publisher":"oxford university press","source":"Google Scholar","author":[{"family":"Hart","given":"Herbert Lionel Adolphus"},{"family":"Hart","given":"Herbert Lionel Adolphus"},{"family":"Raz","given":"Joseph"},{"family":"Green","given":"Leslie"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hart et al. 2012).’ Now relating such interpretation of law with the trolley incident, were saving the lives of five people and killing one is considered morally and ethically right, but whatsoever the situation is, it goes against the law and the individual will be held accountable for the loss of one life.

Now one is right to think that the relationship which links any state law and moral or ethical values is by no means simple. Legal and moral rules, however, collaborate at very little places. Hart believes ‘morals and ethics share a little habit of obedience, but it remains within a society where they are easily applicable ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yMnQMPLU","properties":{"formattedCitation":"(Raz 1984)","plainCitation":"(Raz 1984)","noteIndex":0},"citationItems":[{"id":189,"uris":["http://zotero.org/users/local/s8f0QVnP/items/GBII8JTA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/GBII8JTA"],"itemData":{"id":189,"type":"article-journal","title":"Hart on moral rights and legal duties","container-title":"Oxford J. Legal Stud.","page":"123","volume":"4","source":"Google Scholar","author":[{"family":"Raz","given":"Joseph"}],"issued":{"date-parts":[["1984"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Raz 1984)’. These both differ in many ways. For example, the rules which are ethically and morally right does not conform in any way to the legal aspects and it is vice versa. Then there are some cases where both rules overlap, since law applies to each individual of the society, whereas morals are relevant to personal dealings and can be applied to certain number of people or any specific group of the society. Similarly, there are specific areas or social classifications where morals and ethics are relevant to some certain times or in certain dealings, otherwise the mutual affairs can either conform to moral and ethical obligations or to the legal aspects.

I will now consider the ethical issues involved in this case. We need to put two theoretical approaches here to consider this aspect. For example, we may consider the French episode of wearing religious symbols; we can also consider a twin case which involves both the interpretation of the legal aspect and that of the moral and ethical concept. These examples will help to come up with the most suitable legal option, which will be the perfect outcome for both of the two situations mentioned in the scenario. In the first case, mentioned above, the French government banned wearing religious symbols which were interpreted badly by Muslim, since it all started with the ban on veil in the schools. Although, it was step toward preventing the Christian values, however, the Muslim community felt aggrieved and betrayed. The utilitarian approach now considers this as greater happiness for greater people but totalitarian will see this as an act to target certain people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CKEmTST9","properties":{"formattedCitation":"(Lama 2012)","plainCitation":"(Lama 2012)","noteIndex":0},"citationItems":[{"id":182,"uris":["http://zotero.org/users/local/s8f0QVnP/items/RN9VDE58"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/RN9VDE58"],"itemData":{"id":182,"type":"book","title":"Beyond religion: Ethics for a whole world","publisher":"Random House","source":"Google Scholar","title-short":"Beyond religion","author":[{"family":"Lama","given":"Dalai"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Lama 2012).

The second case involves religion and medicine. The case suggests that a couple from Malta hired the services of a hospital-based in Manchester to complete a complicated delivery. The daughters were joined by abdomen and the possible situation required to ending the life of the weaker child, in order to ensure that other child gets complete body parts before the delivery takes place or right after they come into the world. The couple which was a roman catholic wanted both children to be separated in the finest way possible and; the consequences (irrespective of the fact that they will be bad) must be left to God. The hospital administration took the case to court, which decides that the weaker child must be medically terminated, just in order to ensure a biologically complete birth of the second child.

In light of the court orders to end the life of the weaker child, one may consider the fact that court-ordered to ensure the life of one with strong chances of survival. Although religiously, ethically and morally wrong, but court’s decision was much relevant to the fact that in going against this decision, the life of both children would have been at risk ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"LXNlQOI8","properties":{"formattedCitation":"(West 1991)","plainCitation":"(West 1991)","noteIndex":0},"citationItems":[{"id":183,"uris":["http://zotero.org/users/local/s8f0QVnP/items/MZVNC8JF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/MZVNC8JF"],"itemData":{"id":183,"type":"book","title":"Ethical dimensions of marxist thought","publisher":"NYU Press","source":"Google Scholar","author":[{"family":"West","given":"Cornel"}],"issued":{"date-parts":[["1991"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (West 1991). Similar is the case with the scenario opted for this situation.

I will switch the trolley car on the track where the minimum loss is expected, since the modern science provides us the option to predetermine some consequences, therefore, the law, ethics, morals, and the situational circumstances permit drifting the car over second track where five people will sustain their lives, however, unfortunately, one person will lose the life. The utilitarian approach is the most suited option since it assures the safety and survivability of five persons. The limit of laws are rigid but after some deliberations they, however, make the space for the right decision. Since it is not possible to complete the track without making someone sacrifice, therefore one person will be sacrificed to ensure the lives of five.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Dworkin, Ronald. 1966. “Lord Devlin and the Enforcement of Morals.” The Yale Law Journal 75(6): 986–1005.

Foot, Philippa. 2002. Virtues and Vices and Other Essays in Moral Philosophy. Oxford University Press on Demand.

Hart, Herbert Lionel Adolphus, Herbert Lionel Adolphus Hart, Joseph Raz, and Leslie Green. 2012. The Concept of Law. Oxford university press.

Lama, Dalai. 2012. beyond Religion: Ethics for a Whole World. Random House.

Marino, Gordon. 2010. Ethics: The Essential Writings. Modern Library.

Raz, Joseph. 1984. “Hart on Moral Rights and Legal Duties.” Oxford J. Legal Stud. 4: 123.

West, Cornel. 1991. Ethical Dimensions of Marxist Thought. NYU Press.

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Law and International Law

August 25th, 2019.

Gonzales v. Raich- Case Brief

Gonzales v. Raich is entitled as ALBERTO GONZALES (Attorney General), et al. V. ANGEL McClary Raich (Petitioners), with case number 03- 1454. This case was file in the Supreme Court of United States. Before the formal filing in the Supreme Court, the case was known as Ashcroft v. Raich. Facts suggest that the respondents were growing and consuming cannabis. It also referred toward the fact that the respondents were consuming Marijuana for medical purposes. These activities (growth and consumption) were ratified by the state government of California ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"PKS8P5PM","properties":{"formattedCitation":"(Barnett)","plainCitation":"(Barnett)","noteIndex":0},"citationItems":[{"id":2150,"uris":["http://zotero.org/users/local/s8f0QVnP/items/P3TJGFD3"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/P3TJGFD3"],"itemData":{"id":2150,"type":"article-journal","title":"Limiting Raich","container-title":"Lewis & Clark L. Rev.","page":"743","volume":"9","source":"Google Scholar","author":[{"family":"Barnett","given":"Randy E."}],"issued":{"date-parts":[["2005"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Barnett). On another side, the Act related to control substance of the federal government seized the medicines made from the Marijuana plant. The respondent posted their claim on the basis that the confiscation was against the commerce clause. They further claimed that the ‘due process clause’ of the fifth, ninth and tenth amendment had been violated by the federal government.

The respondent further claimed that ‘control substance act’ has violated the medical necessity conditions. They diverted the attention toward the fact that in the state of California, it is permissible to use marijuana for medical purposes. If the prescription of Marijuana has been denied to patients, they might face an extremely critical condition. In light of such clauses, Angel Raich and her other companion, from the medical field, sued the federal government, since they considered that federal government had hindered in their endeavours of using marijuana for medical purposes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"DFYISokf","properties":{"formattedCitation":"(Mangan)","plainCitation":"(Mangan)","noteIndex":0},"citationItems":[{"id":2152,"uris":["http://zotero.org/users/local/s8f0QVnP/items/TZQZE9YF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/TZQZE9YF"],"itemData":{"id":2152,"type":"article-journal","title":"Gonzales v. Raich: The States as Laboratories Principle of Federalism Supports Prolonging California's Experiment","container-title":". Louis ULJ","page":"521","volume":"51","source":"Google Scholar","title-short":"Gonzales v. Raich","author":[{"family":"Mangan","given":"David C."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mangan). They made the claim that federal government has seriously violated the constitutional laws since they are permitted to use Marijuana in the premises of California. They also substantiated their claim on the basis that they have not imported Marijuana for medical reason from any other state, rather they have obtained that within from within the states of California ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Lk3JNjm4","properties":{"formattedCitation":"(Mangan)","plainCitation":"(Mangan)","noteIndex":0},"citationItems":[{"id":2152,"uris":["http://zotero.org/users/local/s8f0QVnP/items/TZQZE9YF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/TZQZE9YF"],"itemData":{"id":2152,"type":"article-journal","title":"Gonzales v. Raich: The States as Laboratories Principle of Federalism Supports Prolonging California's Experiment","container-title":". Louis ULJ","page":"521","volume":"51","source":"Google Scholar","title-short":"Gonzales v. Raich","author":[{"family":"Mangan","given":"David C."}],"issued":{"date-parts":[["2006"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mangan).

Contrary to their claims, the federal government representative claimed that the ‘control substance act’ does not allow by any means, the use of Marijuana, and nor even for medical reasons. They even directed that the state of California should cease in Marijuana, since it provides a pretext to other states to use Marijuana, at least for the medical purposes. Their claim was not based on the ploy that the United States federal law permits the exemption of using marijuana (for any purpose), rather there is a general rule that the constitution does not permit the policing powers to the federal government ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"1wXPiJct","properties":{"formattedCitation":"(Somin)","plainCitation":"(Somin)","noteIndex":0},"citationItems":[{"id":2151,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"itemData":{"id":2151,"type":"article-journal","title":"Gonzales v. Raich; Federalism as a Casualty of the War on Drugs","container-title":"Cornell JL & Pub. Pol'y","page":"507","volume":"15","source":"Google Scholar","author":[{"family":"Somin","given":"Ilya"}],"issued":{"date-parts":[["2005"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Somin). The federal authorities also stated that they have some exemption in using commerce clauses, in terms of power and authority. The history of commerce suggests that the federal government have consumed very little powers in line with the commerce clause ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"8UBlCIYv","properties":{"formattedCitation":"(Somin)","plainCitation":"(Somin)","noteIndex":0},"citationItems":[{"id":2151,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"itemData":{"id":2151,"type":"article-journal","title":"Gonzales v. Raich; Federalism as a Casualty of the War on Drugs","container-title":"Cornell JL & Pub. Pol'y","page":"507","volume":"15","source":"Google Scholar","author":[{"family":"Somin","given":"Ilya"}],"issued":{"date-parts":[["2005"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Somin).

In light of the facts presented by the respondents and the defense, the Supreme Court of United States suggested that Raich and her friends have not violated any clause of the United States constitution. It further mentioned that since, the state laws, where they live in permits the use of California, therefore, by no means they have violated the state law, federal law or any clause of the Commerce law. Justice Connor, however considered it unlawful to grow marijuana in residential or public premises and use them for medical purposes. Contrary to Justice Connor, Justice Clarence Thomas filed a dissent note mentioning that since the respondents have not used marijuana for the marketing or commerce purpose, therefore they cannot be held liable as violating any public or constitutional norm ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OR3erW6r","properties":{"formattedCitation":"(Somin)","plainCitation":"(Somin)","noteIndex":0},"citationItems":[{"id":2151,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3BV4VKQU"],"itemData":{"id":2151,"type":"article-journal","title":"Gonzales v. Raich; Federalism as a Casualty of the War on Drugs","container-title":"Cornell JL & Pub. Pol'y","page":"507","volume":"15","source":"Google Scholar","author":[{"family":"Somin","given":"Ilya"}],"issued":{"date-parts":[["2005"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Somin).

In view of the facts presented above, I believe that since Raich and her friends were not proved guilty of any violation, and the Supreme Court has decided it on the constitutional grounds, therefore this case was decided correctly. Since both sides have provided ample evidence in their favour.

Works Cited:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Barnett, Randy E. “Limiting Raich.” Lewis & Clark L. Rev., vol. 9, 2005, p. 743.

Mangan, David C. “Gonzales v. Raich: The States as Laboratories Principle of Federalism Supports Prolonging California’s Experiment.” . . Louis ULJ, vol. 51, 2006, p. 521.

Somin, Ilya. “Gonzales v. Raich; Federalism as a Casualty of the War on Drugs.” Cornell JL & Pub. Pol’y, vol. 15, 2005, p. 507.