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Descriptive Statistics

Descriptive Statistics

Tekisha Rodgers

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Descriptive Statistics

Analysis of incident

At around 20:43, This assault incident happened 111 at Felony Drive, Happy Town, GA 15486, on August 16, 2016. Michael Smith, the eye witness had called 911 when he saw a white male who was bleeding from his face. The reporting officer was Colt Winchester and the incident was reported as ‘Crime Against the Person’.

Before the incident occurred, Samuel Clark, the victims who was going to visit a female friend named Summer Breeze. She is lives at 111 Misdemeanor Lane and her house is one block away on east from Samuel Clark. Around the corner of block, Samuel Clark saw two white men coming towards him. They were identified as Bubba Hurt and Skeeter Redrum by an eyewitness, Alan Skittles, who is store owner Eat & Run Café. Soon both white men started shouting at Samuel Clark. They yelled at him for meeting Summer Breeze and demanded that he would not meet her ever again. Samuel Clark did not respond to both men. It started raining, so he opened umbrella, he was carrying and continued walking to north on Felony Drive. Then from back, Bubba Hurt pushed Samuel Clark due to which he fell to the sidewalk. So, it is clear that Bubba Hurt was the one who began with assault. Samuel Clark tried to get up and during that, Skeeter Redrum kicked him in the face. Due to this thrust, Samuel Clark again fell onto the ground. Bubba Hurt started to kick him while Samuel Clark laid on his back on the ground. After this attack, Samuel Clark took his umbrella and waved towards Bubba Hurt which injured him in the eye. As soon as Samuel Clark got up from the ground, Summer Breeze hit him with her shoe, in side of the head. According to the statement of the eye witness, Skeeter Redrum helped her take off her shoe to hit Samuel Clark. After this strike, Samuel Clark fell unconscious.

Michael Smith informed 911 to report and call for help. Next, police officers responded to the call. Both injured Bubba Hurt and Samuel Cark were arrested and sent to hospital. While Skeeter Redrum and Summer Breeze were arrested and sent to Police Headquarters.

Bubba Hurt due to severity of injury died at the hospital, on the other hand, Samuel suffer from an untreatable brain injury.

Legal Presumptions

Depending upon the severity of action, it is classified as a crime of particular degree and punishment for it set. Before applying charges, it is necessary to understand the legal terms and their effective punishment.

Assault is a charge for all activities that can harm a person or inflict fear of being harmed. Apart from hitting and injuring someone, threatening someone for a physical harm is also categorized as assault. If a mere threat is severe enough to make someone feel that life is in danger or maybe harmed financially or physically, the person making threats can be charged with simple assault.

Laws slightly differ from one state to another, and classification and punishment for each also vary accordingly. Threatening someone is considered simple assault but when this changes to actually harm, it comes under the category of aggravated assault.

In state of Georgia, the battery is considered as misdemeanor. It has to involve “substantial physical harm” or “visible body harm”. However, it must not be accidental or a joke between friends. Physical harm which includes bruises and swells on body, are considered as visible harm.

Charges against Individuals

Georgia District Attorney's Offices will be prosecuting this case and charges will be brought up according to the Georgia Criminal Code (2010), Title 16 - Crimes and Offenses. Charges against each individual and penalties are as follows:

Bubba Hurt

Bubba Hurt was pronounced dead at the hospital after he carried there. According to American law, the dead cannot be prosecuted for any crime. According to the law, a federal defendant who is dead before the appeal of right will be cleared of all convictions and charges against him or her. However, if the survivor or victim has to suffer for some reason, and the reason could be prevented if the defendant was alive, the case can be processed.

Skeeter Redrum

Skeeter Redrum was the second person to hit the victim, Samuel Clark and before hitting him, he yelled threats at him which is considered as simple assault.

According to the second article: Assault and Battery, of Chapter 5: Crimes Against the Person, from Title 16: Crimes and Offenses, the use of abusive and threatening language is justifiable as simple assault or battery. For this action, a person can be charged and punished. At the beginning of events, Redrum yelled at Clark. And then physical assault started. Thus, it is justifiable to try Redrum for the simple assault. The penalty for this is up to 1-year imprisonment and fines as high as $1,000, probation, and compensation. In case the assault involved a public-school employee, public transportation, firearm, a pregnant woman, senior citizen, or a family member, the punishment can be raised to an aggravated offense, additionally with penalties which are imprisonment up to one year and a fine of $5,000.

           Secondly, for kicking Samuel Clark when he tried to get from the sidewalk, Redrum will be charged for an aggravated battery according to Georgia Code 2010, Title 16: Crimes and Offenses, Chapter 5: Crimes Against the Person, Article 2 - Assault and Battery § 16-5-24 - Aggravated Battery.

           According to a witness, Alan Skittles, he also helped Summer Breeze take off her shoe to hit Clark in the head. However, it is according to one of the witnesses out of three and at that time, it was raining. So, this statement will require more investigation. In case it is proven, he can also be tried for being accessory to assault.

Summer Breeze        

Summer breeze only attempted assault once when she struck the victim Clark in his head with her shoe. After this, the victim fell unconscious. After admission to the hospital, it was found out he is inflicted with permanent brain injury. Thus, according to Georgia Code 2010, Title 16 - Crimes and Offenses Chapter 5 - Crimes Against the Person Article 2 - Assault and Battery § 16-5-24 - Aggravated Battery O.C.G.A. 16-5-24 (2010) 16-5-24, charges for Aggravated Battery will be pressed against her. Her act had the most severe effects on the victim. According to 16-5-24 (2010), if one brutally causes physical injury to a person by depriving of a body part, by making a body part useless, or by extremely damaging a body part it is considered as the offense of aggravated battery.

Samuel Clark

Samuel Clark is the victim of this incident and his only use of force was after he was hit repeatedly. As per clause (a) of Georgia Code 2010, Title 16: Crimes and Offenses, Chapter 3: Defenses to Criminal Prosecutions, Article: 2 - Justification and Excuse, a person can defend him or herself in case he or she is attacked violently by someone, given that use of force is only way to prevent injury or death. However, If the person initially triggers someone for attack then it is not considered as self-defense.

           In this case, Clark did not provoke the Redrum or Hurt for the attack. He also did not use force until he was kicked and injured repeatedly. His use of force is justified by the last strike to his head which made him fall unconscious and now he suffers from the permanent brain injury for the rest of his life.

All these punishments are according to the laws of the State of Georgia. As a District Attorney, it will be justified to bring up all these charges against the 3 individuals.

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Subject: Law and International Law

Pages: 4 Words: 1200

Developing

Developing

[Name of the Writer]

[Name of the Institution]

Developing

It is a common observation and evident that CEOs emphasis on empowering the education of an employees with an aim to add into the quality and quantity of the individuals at a workplace. Taking into account the financial crisis, the CEO of the company insisted on enhancing some informal teachings within a workplace because formal ways of education would be too costly for the organization to manage. The prime focus of this report is to incorporate and emphasise learning in some informal ways in the workplace. The central aim of this report is to analyse different aspects that can help to promote as well as risk informal learning option. It is more added that the report will highlight those attributes of an employee that can cause an effect on the potency of learning that is not formal. This report also focuses on the advantages and limitations associated with informal learning. In order to conducted research various reviewed articles related to Informal learning at a workplace are used, similarly, recommendations are provided that can support informal learning at a workplace.

Findings

According to Manuti, et al. (2015), learning at workplace is defined as a learning within an organization that is completed by using different techniques and methods. He is of the below that learning is one of the ways that can help to improve the level of performance of an employee along with the empowerment knowledge and skills of an employee. It is asserted that the learnability and teaching of required abilities and skills is the responsibility of HR taking into account the underlying aim of improving the performance of different roles and jobs. According to him, there are different avenues of knowledge for an employee, these can be both formal and informal, accompanied by relative development education and training along with sharing of different experiences, thoughts and interaction. According to Werneer and Ds Simone (2006), informal learning platforms can cast a direct influence on the behaviour of an employee in a brief and continuous manner.

In accordance with the organisational context, it is highlighted that the medium of learning can help to expand and sustain skills and knowledge of an individual resulting in a productive workforce environment. According to Sugrue, (2004), it is highlighted that the performance and productivity of employees increase with effective and efficient functions of an organisation. All these goals can only be achieved only if concise opportunities of learning are accessible to each of the employees in a workplace setting, adhering to the underlying aim of initiating vigorous learning.

Learning approaches of individuals in the workplace

According to the research conducted by Eraut, (2004), informal learning is defined as a type of learning that is associated with a quest for knowledge and comprehension, accompanied by training that is provided by educators and the aptitude apart from the formal avenues of education. It is also added that the essence of learning become informative when an individual is encouraged or directed to approach some self-directed learning opportunities either individually or in a company of peers. Informal learning is not assessed by any external teacher. On the other hand, it is found that formal learning strategies are well composed and well-designed having the potential to incorporate distinct learning outcomes. Some major sources of formal education are workshops, courses training and classroom learning that can impart better learning outcomes. (Rowold & Kauffeld, 2009).

The aim of this research is to signify ways of informal learning in any workplace taking into account that informal learning is more explicit. It is perceived by different motivation such a setting, daily experiences implied discoveries and observations. (Jeon & Kim, 2012). Moreover, informal learning is one of the learning types that have no particular set objectives rather it is guided by individual learning. It is asserted that individual learning is more consulting or unconsciously derived from daily interactions, conscious or unconscious forms of socialization, the engaging group works and using online media. Research asserts that informal learning is more dispersed and less originated, it is usually instituted by the learner taking into account the sole aim of a learner to improve his knowledge by learning on its own. Informal education is more individual centred that means an individual has to rely on its own abilities such as performance of intellectual resources and ability to utilize time adequately and in different valid ways. However, internet, daily life resources and electronic media is one of the basic supporting material to promote informal learning. (Noe et al., 2010).

Adhering to the choice and the interest of an individual, a learner is given the right whatever he or she aims at, choose subjects freely or refer any of the desirous avenues of learning. IT is asserted that an individual has to face certain limitations as well that allow him to address the application of individual development and the learnability of abilities and skills. In a nutshell, informal learning is two dimensional, it can both critical as well as fruitful.

Factors that enable and constrain informal workplace learning

Enabler

Social climate

Social Climate is one of the factors that influence informal learning because social climate is defined as an environment in which there is maximum learning. It is observed that developing a strong relationship with the employees will not only help employees to thrive learning but it will empower the productivity of informal learning as well. (Coetzer, Kock & Wallo, 2017). Moreover, individual learning within a social climate is dependent on interpersonal relationship, personality to learn more and get more exposure. (Eraut, 2004).

Workplace attributes and communication skill of the managers because effective learning can only be achieved through effective communication. Direct interactions with co-workers and working in a group will help employee’s environment

Another factor that influences informal learning is the workplace environment. According to Maunti, (2015), workplace environment plays a major role in influencing the performance of employees because the organisation is directly engaged in the creative productive work environment where learning would be spontaneous. Niklova, et al. (2013) states, there are several incentives associated with informal learning in the form of organizational learning and culture-positive feedback from the colleagues and well-designed management.

According to researchers, informal learning can also be enhanced by coaching and mentoring, where mentoring can be both peer guided, formal or informal. Whereas, formal mentoring is structured by mentors themselves because a mentor and mentored meet very often to discuss workplace issues. Formal mentoring also include promotion and job satisfaction along with positive career development. On the same board, it is asserted that a formal relation sustains for a very short time, while informal mentoring is prolonged. Informal mentoring is guided by the ability of the learner to get knowledge, skills, wisdom insight and guidance from the instructor or mentor where the mentor plays a passive role. The mentor's mentee relationship is initiated voluntarily and it would persist for a comparatively longer time. Peer mentoring is another type of interaction that is associated with seeking skills and knowledge where reliable and supporting colleagues offer feedback and support entirely on their will. The guidelines are all situations and depending on the time frame that an employee has, taking into account that their guidance and feedback is the sole cause of learnability and skills. (Eddy et al., 2005). In a nutshell, it can be highlighted that peer mentoring is one of the most effective approaches that can play a much supportive role to get into conversation and look for guidance from the colleagues with whom they are comfortable in contrast to the set pattern of formal learning platforms and determinants

Job characteristics

Job characteristics is another major factor in informal learning. In accordance with the research of Skules (2004), an organization should make efforts that could support individuals to play an active role in learning. Moreover, job characteristics also give an insight to different tasks such as responsibilities, the distribution of duties and the guidelines that are to be followed for the successful completion of the task are all included in the characteristic that can empower and determine effective informal learning. In a simplified form, an individual gets an opportunity to revamp his/her skills and knowledge while working in an appropriate job framework. (Coetzer, Kock & Wallo, 2017). It also includes the idea of setting examples that infers, when an individual tries to solve a matter that is related to a job, coaching and mentoring should be opted rather any formal training because coaching and mentoring would increase exposure and increase the ability to address different complexities. According to Eraut, (2004), it is asserted that the job description of an employee also cast a great impact on the outcome because individual learning is more oriented by the demands of the job description.

Age

Informal learning is also influenced by age, taking into account that old people need more space and time for self-learning. Old population is more towards their knowledge, wisdom and experience to that of learned material rather that practices in the form of coaching from a young manager. The study by (Berge & Chyung, 2008) highlights that older people persist capturing ideas, skills and knowledge from informal setting as something additional to what they have learned through educational materials. Old people do not prefer informal setting in acquiring knowledge in contrast to youth who prefer formal training for enhancing work-related expertise. It would not be wrong to say that younger people prefer being coached and mentored, along with a more tilt towards old people in order to attain work-related knowledge.

The research by Noe, et al. 2010 highlights that there is a direct relationship between age groups and informal learning because the knowledge is dependent on the factors such as interest, source and the motivation to address available time energy and intellectual skills. It would not be wrong to say that magazines, e-mails, books and the internet are one of the tools that can help older people to transpire their learning. So, it would not be wrong to say that for older people, learning is not confined to the realms of the workplace but they can get education from anywhere such as job characteristics, and job description that is designed for effective learning. (Berg & Chyung, 2008).

Constraints

It is asserted that there are many constraints that can create hindrance in effective learning in an informal setting that can cast a direct impact on them. As informal learning has diverse sources such as mangers, surroundings, work-related activities and colleagues, all these factors can be contaminated by barriers that can hinder learning. There are a lot of chances that an employee can take his job for granted by staying adhered to the learning avenues leading to ineffective learning in workplace. It is more added that many knowledgeable employees are not willing to share their knowledge with other employees because they are fearful about their position, such an attitude can create barriers in learning.

The inability to get maximum support from colleague’s organization and mangers is also one of the barriers in seeking informal education in a workplace. This unwillingness to share ideas, resources and responsibilities will pave the way for negative attitude and it will discourage learners leading to lack of interest and competence to perform their job.

What Individual characteristics that influence the effectiveness of informal workplace learning?

It is asserted that workplace learning is not only influenced by contextual elements, in fact, the individual characteristic is also equally important. According to Elllstron, (2001) it is proposed that if a person is of the view that he is responsible for the development of his skills and knowledge than he will develop a high level of informal learning. Moreover, only learner proceeding to knowledge by themselves share the capacity to take an active part in learning activities along with alertness towards the hurdles in its way. Moreover, it is evident from studies that are conducted by Raembdonck, Gijbels and Van Groen (2014) that self-directed learners are always centred on looking for opportunities that could help them initiate learning and address obstacles in their way. Moreover, the demeanour of self-directed learners is more towards their ambitions interest, goals and work environment. Without self-directed learning capacity, there would be a contrasting or paradoxical framework, so it is affirmed that self-directed learners are more directed by motivation and purposefulness that can help them gain knowledge and perform in a better way. (Dhaling, Chau & Malley, 2010).

Self-efficient is another factor that plays a major role in causing a significant impact on the effeteness of informal learning. It guides and encourages an individual to undergo an analysis of abilities that can help to perform, implement and establish knowledge that would be more work-related and plays a role in achieving productive workplace outcomes (Noe et al., 2013).

The research by authors also highlighted that there exists a positive correlation between informal learning and self-efficacy, taking into account the activities that are chosen by an individual such as persistence, continuous efforts and the potential to develop self-development activities. It is more added that confident people are more optimistic and enterprising in learning along with massive confidence and passion to address issues and solve work-related problems. It is obvious that motivation and organizational supports is one of the keys that is found in confident people as well as required by them to incorporate support for effective learning. According to Bandura et al. (cited in Tannebaum et al., 2009), workers are more passionate to work that is assigned to them with continuous feedback from colleagues and other superiors.

Researchers believe that constructive feedback is in a direct association between the emotional intelligence and the ability to manage and distinguish work-related issues. In a general context, informal learning is defined as one of the kinds of learning that do not need a format setting. In contrast, it can be apprehended apart from training, seminars and other formal training avenues. The stance of informal learning modifies with the teaching methods, learning approaches and the tendency to believe. It would not be wrong to say that emotional intelligence allows an individual to identify different forms of knowledge and understand those skills and abilities that can impart acquisition to achieve expertise and excellence in the performance of a job

Potential benefits for individuals and the organisations of enhancing informal workplace learning

Organisational benefits

There are some potential benefits that are associated with informal learning, taking into account the potential benefit for both organizational and individual, according to Chao, et al. 1992, mentoring is one of those ingredients that can motivate an individual to seek knowledge and develop some skills. Moreover, this statement was also endorsed by Rekha & Ganesh, 2012, taking into account the fact that having a guide or mentor in the workplace can help a learner in many ways such as career advancement, promotion of career, job satisfaction and learnability. It is asserted that workplace can play a major role in help learning by achieving an organizational goal that would in return enhance the productivity of outcomes. It would not be wrong to say that mentoring in the workplace is one of the advantages to learners as well as the mentor because a mentor would not only provide organizational support for the learner to encourage and inspire him but it will also encourage the mentor to develop commitment towards the organization. (Allen et al., 2004; Lankau and Scandura, 2002; Murphy and Ensher, 2001). In a nutshell, the performance of an organization is escalated along with helping an organization to outperform among its competitors.

According to the study that was conducted by (Halliday-Wyne & Beddie, 2009), it is highlighted that there are a lot of small businesses that develop and choose informal workplace learning over formal learning because formal learning can be more challenging and expensive for an organization. In contrast, informal learning is initiate by a learner, where learners tend to learn through daily life events, using their own insight, interactions and social gatherings. It also lessens the cost required in grooming in individual. It is asserted that informal workplace learning fortifies interactive and collaborative work environment, along with the reinforcement of a positive network. (Johnson, 2008). As a whole, it outfits the interconnection that exists between conductive work environment taking into account that employee turnover is more averse where an organisation will have more competent and proficient employees. (Raemdonck, Gijbels & van Groen, 2014).

Individual Benefits

There are numerous individual befits associated with informal learning taking into account the role of learning activities. The measurement of engagement refers to the engagement in work-related activities, observation, informal interactions and mentoring, taking into account that coaching is one of the methods of learning. (Halliday-Wyne and Beddie (2009).

It would not be wrong to say that individual constant refurbishes skills and knowledge by active participation in learning activities. According to (Berg & Chyung, 2008), it is asserted that the learners are exposed to obstacles and challenges where they tend to find answers to problems with personal interests. Adhering or such duality, learning is promoted accompanied by job satisfaction and advancement in learning.

It is also significant to note that informal learning also open avenues of learning that can help learners to participate with high constancy and leaving behind the restrictions in formal learning programs. It is also added that informal learning allow learners to adjust evolving circumstances, pertain to quality action in organizational activities and embrace innovation. Moreover, informal learning is also crucial for a successful career where learners can take initiatives that can help to enhance skills by proceeding well over the formal learning impositions of an organization. (Briscoe, Hall, & DeMuth, 2006). As a result, the learners would be motivated and they will constitute to learn by using the fractional capacity to empower himself, parallel to high performance and a well-versed reputation in organisation.

Limitations on informal workplace learning

As there are no restrictions in learning by using informal settings having no specified learning structure as compared to that of informal learning, there are some major chances of imparting and capturing that kind of knowledge that can result in misdirected learning outcomes. As study by (Caruso, 2010), assert that information and skills of a learner learned from the workplace are not as obvious as one might think. There are more chances of developing a narrow attitude and approaches where an employee may get a chance to learn how to fabricate interpretation of what they have learnt and experienced. Moreover, the reluctance to mentoring and adequate guiding can also create obstacle in learning outcome in the workplace. It is also added that some of the efficient workers do not want to share their learnings as they might have a fear of losing their position or they think that they will be replaced by the learner. Moreover, it is certain that the lack of attention and passion of talented workers can bring significant limitations in the workplace. There are more chances of failure of an employee in tracing learning objectives rather than wasting time and entertaining mentoring, socializing and surfing the net. All these dimensions can limit informal learning.

Conclusion

This report determines key factors that are responsible for promoting informal learning in an organization. The results reveal that individual acquires more knowledge in a formal setting. Here social climate, age, job characteristics, and workplace environment are few factors that can cause a significant influence on informal learning. Distribution of roles can also cast a negative impact on informal learning environment where employees can take this type of learning for granted and it will ultimately inhibit efficient formal learning. Parallel to that, both organization and individual are directly benefited from adopting informal learning in a workplace such as more option for career advancement, job satisfaction and support for the organization.

Subject: Law and International Law

Pages: 6 Words: 1800

Discussion

Discussion

[Author Name(s), First M. Last, Omit Titles and Degrees]

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Author Note

[Include any grant/funding information and a complete correspondence address.]

Discussion

Records of the US prisons and jails reveal that the prison population has increased dramatically in a few decades. These records reveal that there were around 196,000 total prisoners in the USA including federal and state convicts in 1970 (Pritikin, 2008). This number increased dramatically by more than 700% and reached to 1,570,000 in 2010. Criminologists Steven Raphael and Michael Stoll studied this development and found that this increase does not mean that the crime rate in the USA also increased rather this shows the improved performance of the institutions related to this field and comparatively strict incarceration policy adopted by courts (Enns, 2014).

Data collected by the analysts reveal that criminal catch rate increased during this period and the arrested criminals received longer incarceration. Due to better equipment and the use of technology police were able to arrest almost fourteen out of fifteen criminals. Moreover, they received longer sentences and difficult release before the completion of their incarceration period (Steadman, Monahan, Duffee, & Hartstone, 1984). According to the data collected by the analysts, the average length of imprisonment for rape increased by 74% during the period between 1984 and 1998. Moreover, this length for assault convicts increased by 40% and larceny by 48% in the mentioned period.

The US government has adopted the policy to observe the released convicts for a certain period that has boosted the Correctional Intuitions industry (Brodsky, 1982). The authorities argue that recently released convicts are always vulnerable to crimes therefore it is the government's responsibility to save them from being exploited by any internal or external force to commit the crime again. The government has encouraged the private sector to assist the authorities in this respect. Resultantly, we see fast trending of correctional institutions all over the country (Bartollas, 1985). The official website of IBIS World reveals that 2,432 businesses are related to this sector that works coherently to provide better facilities to the prison population. As the prison population increases, the total revenue of this industry also increases as currently, it has a total revenue of 6 billion USD.

References

Brodsky, C. M. (1982). Work stress in correctional institutions. Journal of Prison and Jail Health, 2(2), 74-102.

Bartollas, C. (1985). Correctional treatment: Theory and practice. Englewood Cliffs, NJ: Prentice-Hall.

Steadman, H. J., Monahan, J., Duffee, B., & Hartstone, E. (1984). The impact of state mental hospital deinstitutionalization on the United States prison populations, 1968-1978. J. Crim. L. & Criminology, 75, 474.

Pritikin, M. H. (2008). Is prison increasing crime. Wis. L. Rev., 1049.

Enns, P. K. (2014). The public's increasing punitiveness and its influence on mass incarceration in the United States. American Journal of Political Science, 58(4), 857-872.

Subject: Law and International Law

Pages: 1 Words: 300

Discussion 2

Discussion 2

Greg Cunningham

Discussion 2

In the first video of the Crash Course, Craig Benzine teaches about the separation of the power system in the US government. He also talks about the systems of checks and balances, which is an essential component of the US administrative structure. According to him, the separation of the power systems in the US, is quite unique, compared to other such systems in the world. He credits the uniqueness of this system to the fact that they are interdependent, and enjoy the constitutional cover. He narrates different articles from the Constitution, which talks about the roles, functions, and administrative approach of these distinctive elements of the administrative structure of the US government ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"S7E6LjHE","properties":{"formattedCitation":"(Separation of Powers and Checks and Balances n.d.)","plainCitation":"(Separation of Powers and Checks and Balances n.d.)","noteIndex":0},"citationItems":[{"id":610,"uris":["http://zotero.org/users/local/8reWiRZH/items/ERREGKTG"],"uri":["http://zotero.org/users/local/8reWiRZH/items/ERREGKTG"],"itemData":{"id":610,"type":"motion_picture","abstract":"In which Craig Benzine teaches you about the US Governments Separation of powers and the system of checks and balances. In theory, the Legislative Branch, the Executive Branch, and the Judicial Brach are designed to keep each other in check, and to keep any branch from becoming too powerful. In reality, the system was designed to keep the president from becoming some kind of autocrat. For the most part, it has worked. Craig will call in the clones to explain which powers belong to which branches, and to reveal some secret perks that the Supreme Court justices enjoy.\n\nProduced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios\n\nSupport is provided by Voqal: http://www.voqal.org\n\nWant to find Crash Course elsewhere on the internet?\nFacebook - http://www.facebook.com/YouTubeCrashC...\nTwitter - http://www.twitter.com/TheCrashCourse\nTumblr - http://thecrashcourse.tumblr.com \nInstagram - http://instagram.com/thecrashcourse\nSupport CrashCourse on Patreon at http://www.patreon.com/crashcourse","dimensions":"8:30","source":"YouTube","title":"Separation of Powers and Checks and Balances: Crash Course Government and Politics #3","title-short":"Separation of Powers and Checks and Balances","URL":"https://www.youtube.com/watch?v=0bf3CwYCxXw","accessed":{"date-parts":[["2020",1,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Separation of Powers and Checks and Balances n.d.). If viewed from a theoretical perspective, the Legislative, Executive and Judicial branches keep a tight check over each other, and prevent any single branch from becoming too powerful. Each of these branches of government, exercise their powers according to the Constitutional pattern conferred upon them ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"A8YB9z0i","properties":{"formattedCitation":"(Separation of Powers and Checks and Balances n.d.)","plainCitation":"(Separation of Powers and Checks and Balances n.d.)","noteIndex":0},"citationItems":[{"id":610,"uris":["http://zotero.org/users/local/8reWiRZH/items/ERREGKTG"],"uri":["http://zotero.org/users/local/8reWiRZH/items/ERREGKTG"],"itemData":{"id":610,"type":"motion_picture","abstract":"In which Craig Benzine teaches you about the US Governments Separation of powers and the system of checks and balances. In theory, the Legislative Branch, the Executive Branch, and the Judicial Brach are designed to keep each other in check, and to keep any branch from becoming too powerful. In reality, the system was designed to keep the president from becoming some kind of autocrat. For the most part, it has worked. Craig will call in the clones to explain which powers belong to which branches, and to reveal some secret perks that the Supreme Court justices enjoy.\n\nProduced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios\n\nSupport is provided by Voqal: http://www.voqal.org\n\nWant to find Crash Course elsewhere on the internet?\nFacebook - http://www.facebook.com/YouTubeCrashC...\nTwitter - http://www.twitter.com/TheCrashCourse\nTumblr - http://thecrashcourse.tumblr.com \nInstagram - http://instagram.com/thecrashcourse\nSupport CrashCourse on Patreon at http://www.patreon.com/crashcourse","dimensions":"8:30","source":"YouTube","title":"Separation of Powers and Checks and Balances: Crash Course Government and Politics #3","title-short":"Separation of Powers and Checks and Balances","URL":"https://www.youtube.com/watch?v=0bf3CwYCxXw","accessed":{"date-parts":[["2020",1,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Separation of Powers and Checks and Balances n.d.).

From a historical perspective, Craig believes that such a system was designed, to prevent the President from becoming too powerful, or from preventing him to act like an autocratic ruler. Craig believes that for the most part in American history this system has worked, and almost each and every President has respected the inflexible constitutional duties and rights of these branches of government. During the latter part of the video, Craig explains which branch is supposed to perform which role. In his second video, Craig has explained the administrative division among the American Court system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3TAuNB0j","properties":{"formattedCitation":"(Structure of the Court System n.d.)","plainCitation":"(Structure of the Court System n.d.)","noteIndex":0},"citationItems":[{"id":611,"uris":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"uri":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"itemData":{"id":611,"type":"motion_picture","abstract":"This week Craig Benzine is going to talk about the structure of the U.S. court system and how exactly it manages to keep things moving smoothly. We’’ll talk about trial courts, district courts, appeals courts, circuit courts, state supreme courts, and of course the one at the top - the U.S. Supreme Court. It’s all quite a bit to manage with jurisdictions and such, but it's important to remember that the vast majority of cases never even make it to court! 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He believes that the American Court system is working effectively, for the reason that its structure is overlapping and the decisions made by Courts can be reviewed, at any Court throughout the US (including the Federal Courts and the Supreme Court). In the video, he also talks about the circuit courts, trial courts, appellate courts and the state’s Supreme Court ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"AAnqcyY3","properties":{"formattedCitation":"(Structure of the Court System n.d.)","plainCitation":"(Structure of the Court System n.d.)","noteIndex":0},"citationItems":[{"id":611,"uris":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"uri":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"itemData":{"id":611,"type":"motion_picture","abstract":"This week Craig Benzine is going to talk about the structure of the U.S. court system and how exactly it manages to keep things moving smoothly. 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Today, we're going to focus on how cases make it to the top, and next week we’ll talk about what happens when they get there. \n\nProduced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios\n\nSupport is provided by Voqal: http://www.voqal.org\n\nAll Flickr.com images are licensed under Creative Commons by Attribution 2.0\nhttps://creativecommons.org/licenses/...\n\nWant to find Crash Course elsewhere on the internet?\nFacebook - http://www.facebook.com/YouTubeCrashC...\nTwitter - http://www.twitter.com/TheCrashCourse\nTumblr - http://thecrashcourse.tumblr.com \nSupport Crash Course on Patreon: http://patreon.com/crashcourse\n\nCC Kids: http://www.youtube.com/crashcoursekids","dimensions":"6:58","source":"YouTube","title":"Structure of the Court System: Crash Course Government and Politics #19","title-short":"Structure of the Court System","URL":"https://www.youtube.com/watch?v=IGyx5UEwgtA","accessed":{"date-parts":[["2020",1,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Structure of the Court System n.d.).

He presents the idea to the viewers of how these courts are concerned of their jurisdictions and how they handle such a vast majority of cases. One of the surprising facts, he reveals, is that many different cases do not arrive at the Supreme Court ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WdeBhtkJ","properties":{"formattedCitation":"(Structure of the Court System n.d.)","plainCitation":"(Structure of the Court System n.d.)","noteIndex":0},"citationItems":[{"id":611,"uris":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"uri":["http://zotero.org/users/local/8reWiRZH/items/6RYYWTNQ"],"itemData":{"id":611,"type":"motion_picture","abstract":"This week Craig Benzine is going to talk about the structure of the U.S. court system and how exactly it manages to keep things moving smoothly. We’’ll talk about trial courts, district courts, appeals courts, circuit courts, state supreme courts, and of course the one at the top - the U.S. Supreme Court. It’s all quite a bit to manage with jurisdictions and such, but it's important to remember that the vast majority of cases never even make it to court! Most are settled out of court, but also terms like mootness and ripeness are used to throw cases out altogether. Today, we're going to focus on how cases make it to the top, and next week we’ll talk about what happens when they get there. \n\nProduced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios\n\nSupport is provided by Voqal: http://www.voqal.org\n\nAll Flickr.com images are licensed under Creative Commons by Attribution 2.0\nhttps://creativecommons.org/licenses/...\n\nWant to find Crash Course elsewhere on the internet?\nFacebook - http://www.facebook.com/YouTubeCrashC...\nTwitter - http://www.twitter.com/TheCrashCourse\nTumblr - http://thecrashcourse.tumblr.com \nSupport Crash Course on Patreon: http://patreon.com/crashcourse\n\nCC Kids: http://www.youtube.com/crashcoursekids","dimensions":"6:58","source":"YouTube","title":"Structure of the Court System: Crash Course Government and Politics #19","title-short":"Structure of the Court System","URL":"https://www.youtube.com/watch?v=IGyx5UEwgtA","accessed":{"date-parts":[["2020",1,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Structure of the Court System n.d.). Different lower courts, domestic consumer courts, and trial courts manage the disputes which arise among the citizens of America. In the later parts of this video, he talks about how cases went up to the Supreme Court, where he explains the concept of judicial review and of the trial courts.

The Federal Communication Commission, on the other hand, is a critical body of the American government. This Federal agency is required to govern different broadcasters working in the US, to speculate landline and wireless communication being made into and out from the US, and regulate cable television providers ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xdx5edU9","properties":{"formattedCitation":"(What We Do 2010)","plainCitation":"(What We Do 2010)","noteIndex":0},"citationItems":[{"id":612,"uris":["http://zotero.org/users/local/8reWiRZH/items/HI5EPWMF"],"uri":["http://zotero.org/users/local/8reWiRZH/items/HI5EPWMF"],"itemData":{"id":612,"type":"webpage","abstract":"The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the commission is the United States' primary authority for communications law, regulation and technological innovation. In its work facing economic opportunities and challenges associated with rapidly evolving advances in global communications, the agency capitalizes on its competencies in:","container-title":"Federal Communications Commission","language":"en","title":"What We Do","URL":"https://www.fcc.gov/about-fcc/what-we-do","accessed":{"date-parts":[["2020",1,31]]},"issued":{"date-parts":[["2010",11,22]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (What We Do 2010). This agency is also required to monitor the satellite commission being made to space. The President of the United States appoints five different commissioners (who are later confirmed by the US Senate) to serve in the office for a term of five years. Being a critical branch of the American government, the FCC is tied in the following manner to the three branches mentioned above.

The agency takes a leadership role to strengthen the defense of the American nation in terms of nations’ communication, which are made through and among these branches of government as well.

FCC encourages the highest and best practices to view the spectrum of things taking place both at the domestic level and at the international level.

Take supportive measures for improvements in the nation economy, which has a direct impact on three critical branches of the American government.

The FCC agency takes a leadership role and thus relates to other branches of government in an essential and effective manner.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Separation of Powers and Checks and Balances: Crash Course Government and Politics #3. https://www.youtube.com/watch?v=0bf3CwYCxXw (January 31, 2020).

Structure of the Court System: Crash Course Government and Politics #19. https://www.youtube.com/watch?v=IGyx5UEwgtA (January 31, 2020).

“What We Do.” 2010. Federal Communications Commission. https://www.fcc.gov/about-fcc/what-we-do (January 31, 2020).

Subject: Law and International Law

Pages: 2 Words: 600

Discussion 4

Name

Instructors’ Name

Course Title and Code

Date

Discussion 4

Are the Courts more important or less important today than a few hundred years ago?

The courts are more important today than a few hundred years ago and the main reason behind this is that society has become quite fast paced and modern and so are its issues. A few hundred years ago, the population was quite less, due to which the issues of the general public were not as plenty as in modern society. There used to be influential people in the society who resolved the issues of the general public. However, in the modern society, the courts are responsible for handling all the legal and criminal issues of the society, which includes from the property rights and issues family matters, criminal cases to the matters related to international business. In addition to it, courts also ensure the civil and constitutional rights of the individuals due to which they hold a much more important position than a hundred years ago (Pound, and DeRosa, 145).

Looking at today’s Supreme Court decisions often being political and 5-4 votes, is the idea of judicial independence no longer valid?

Today’s Supreme Court decisions are often deemed political due to the difference of 5-4 votes, which raises fingers about the validation of judicial independence. The founding fathers of the United States of America had kept the tenure of the judges as lifelong, in order to free them of the political pressure, which could influence their decision making. However, in the modern time, the appointment of the judges to the top courts of the country is handled by the president and it can be said that the demeanor of the judges has changed in order to earn the favorable position in the eyes of those who can decide their position in the society. Judicial independence is at stake due to the political involvement and pressure on the judges (Linzer, and Staton, 225).

Are the courts just another political tool for parties? Give examples.

In the recent times, the courts have become just another political tool for parties and the most important reason behind this is the involvement of the parties in the nomination and appointment of the judges at the different position in the judicial system. The example of the scenario is evident from the case of the appointment of Judge Brett Kavanaugh as the Associate Justice of the Supreme Court of the United States, even after facing the charges of sexual harassment. Another example is that of Senator Lindsey Graham, who threatened the officials of the Democratic Party to appoint the person who was nominated by him. By doing so, the political parties use the court as a tool for getting the decisions of their own choice (Goodnow, 83).

How should the courts continue to run and how should nominations of justices be handled?

The courts should continue to run as separate entities which are not pressured by the political parties or the government. Ensuring and strengthening judicial independence should be the most important motive of the society as a unit and the basic responsibility of the judicial workforce. There should be specified criteria of the nomination of the justices and the involvement of the political parties should be strictly banned in this regard. The lifelong tenure of the judges can be discontinued by the nomination of only two judges after a period of four to five years, which will ensure the transparency in the judicial system (Neubauer, and Fradella, 78).

Look at the spectacle events of the Kavanaugh confirmation, is this the way they should go from this point onward?

The spectacle events of Brett Kavanaugh confirmation as the associate justice highlights some of the most important issues with the nominations and appointments of the top courts of the United States of America. He was labeled as sexual harasser by three women; however, he was able to deny all the charges and take the oath of his position. They should not handle the situation and move for this point onward in such a way, as it would set the wrong example and the influential people would not be punished for their crimes.

Works Cited

Goodnow, Frank J. Politics and administration: A study in government. Routledge, 2017.

Linzer, Drew A., and Jeffrey K. Staton. "A global measure of judicial independence, 1948–2012." Journal of Law and Courts 3.2 (2015): 223-256.

Neubauer, David W., and Henry F. Fradella. America's courts and the criminal justice system. Cengage Learning, 2018.

Pound, Roscoe, and Marshall L. DeRosa. An introduction to the philosophy of law. Routledge, 2017.

Subject: Law and International Law

Pages: 2 Words: 600

Discussion 5

Name

Instructors’ Name

Course Title and Code

Date

Discussion 5

Part 1:

Welfare is a controversial topic. The basic reason behind the controversy is that people does not want to pay for someone who does not want a job, but also wants it for themselves, in case of worst circumstances. They do want that their tax money does not get wasted on those people who are not willing to do something on their own but just spend their lives on the effort of the rest of the society. There are certain requirement for the recipient of the welfare money and just anybody cannot claim it. Moreover, it is only meant to fulfill the basic needs of the recipient until the time, he or she gets the job. Welfare money may have been just a support for the need; however, some people use it is as their right, without making the effort of earning their living.

One of the most important welfare requirement should be that the recipient has been unemployed for over a year and does not have any other source to feed him/herself or the family. Moreover, welfare money should only be given to people below the poverty line. It should not be right to all people but a privilege under certain conditions. A welfare recipient should only receive that much support with which he can feed his family and fulfill other basic needs like proper shelter and clothing. A welfare recipient should never get enough to buy a car, cable or internet access because these are not basic but secondary needs. Eating steak, buying candy or alcohol with welfare money bare not illegal but should not be allowed because these are not the basic but secondary or perhaps the tertiary needs, which should only be fulfilled with one's earned money (Boston, 45).

Welfare money should only be given to the people, behind the poverty line and there should be a restriction on the recipients to find a job in at most two years and return the received amount in five years. The welfare money should not be wasted on leisure activities like buying a car or alcohol.

Part 2:

The foreign policy of any country defines its place and demeanor at the international level, which motivates the other countries of the world to develop the friendly or hostile relations. The foreign policy of the United States of America promotes national security, global peace, global environment and balance of power among different states and nations of the world. The foreign policy of any country shroud be strong enough to support its people and fight with the enemy forces if any threats are posed towards its peace and stability.

The United States should focus on its current foreign policy which ensures the peace and security at the national as well as international level. Making friends with everyone and playing nice is essential, however, the United States should also establish itself as an authority so that no other nation dares to mess with it. It should only send out the military of the peace and prosperity of the region is at stake (Meernik, 75). It should not send troops into harm’s way to make a point or to scare a country into submission because it will set the wrong example and should try to resolve the matter by dialogue. If dialogue does not work then giving a glimpse of military strength and capability would be enough to resolve the issue, instead of going to war. Going to war cannot be justified however, it becomes inevitable when the enemy forces not only pose but take serious steps to endanger the national security (Cox, and Stokes, 83).

The foreign policy of the United States of America promotes peace and stability at the national, as well as the international forum. The purpose of the policy is to develop healthy relations at the international level and it should not pose any threat to any other country. Moreover, issues between the countries should be resolved with peaceful dialogues and not by attacks and war, as it hurts the peace and stability at the international level.

Works Cited

Boston, Jonathan. "Redesigning the welfare state." Policy Quarterly 15.1 (2019).

Cox, Michael, and Doug Stokes, eds. US foreign policy. Oxford University Press, 2018.

Meernik, James David. The political use of military force in US foreign policy. Routledge, 2018.

Subject: Law and International Law

Pages: 2 Words: 600

Discussion And Evaluation Of The Role Of Courts

Discussion and Evaluation of the Role of Courts

McJames

Discussion and Evaluation of the Role of Courts

In the pursuit of analyzing the role of courts, it is pertinent to consider whether the courts in the UK work under the jurisdiction or not. Courts at present, are the necessary component of the UK legal system. This discussion will analyze the role of courts in the jurisdiction and how effectively they play their part. To initiate the analysis, it is important to consider what the court in the UK legal system is. To such effect, in the practice, a court is an authority, which consists of an individual who adjudicates and makes claims, by following the legal practices enshrined by the larger legal system. Both in England and Wales, courts are bodies which hear disputes that arise with the breakdown of relationships or agreements between the parties which already had surrendered their authorities in front of the court. However, depending upon the nature of the conflict, there are different levels of court systems like the Magistrate’s Court, the Appellate Court, County Court, Crown Court and her Majesty’s Court etc.

In the UK, the role of the court is important, since it protects the rights of the citizens (enshrined upon them through Constitution) and extends equal protection under the due law. Both the civil and criminal court, offer the opportunity to citizens, that their disputes be heard by the judges who are neutral which keeps the law upright. By doing this, the courts in England and Wales, ensure that neither of the defendant nor the claimant party faces any inconsistency in getting the due justice. They therefore, enforce the law in a transparent and a more consistent way. Under a Common Law system, judges have to consider two things - the laws passed by Parliament as legislation, and the decisions made by previous courts as precedent. It suggests that the lower courts are bound by the decisions of higher courts, and only the Parliament or the Supreme Court can take the law in a new direction.

In understanding how the UK Courts have been upholding the law, it appears pertinent to consider the case of Donoghue v Stevenson. Ms. Donoghue was enjoying a beer at a bar when she discovered a snail at the bottom of it. She became very ill, so she decided to sue for the medical costs and time off work. The problem for her was that the law at the time didn't offer a solution; she couldn't see inside the murky bottle, so it wasn't her fault for drinking it - and it wasn't the bar owner’s fault for the same reason. But at this time, there was no precedent for suing the manufacturer for negligence, and the courts had only just rejected the concept of a manufacturer’s liability for negligence when someone sued the Barr soda company. But the courts did something very strange and plucked the justification out of older case law. They argued that the manufacturer should, in fact, be liable, and in doing so, fundamentally changed the negligence law without a piece of legislation ever being passed.

To conclude, it is right to argue that the role of courts in England and Wales is imperative, as it prevails in the legal system and is being practiced for a good number of years. In addition to deciding about the cases, the courts provide a regulatory mechanism to the UK legal system. This court system offers fairness, openness and impartiality in the law which prevails in the law system. These courts also undertake a review of the constitution and evaluate and present issues which are referred to higher courts and to the Parliament, as well.

Bibliography:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY “Civil.” Accessed December 21, 2019. https://www.judiciary.uk/about-the-judiciary/the-justice-system/jurisdictions/civil-jurisdiction/.

“Independence.” Accessed December 21, 2019. https://www.judiciary.uk/about-the-judiciary/the-judiciary-the-government-and-the-constitution/jud-acc-ind/independence/.

Neyers, Jason W. “Donoghue v. Stevenson and the Rescue Doctrine: A Public Justification of Recovery in Situations Involving the Negligent Supply of Dangerous Structures.” U. Toronto LJ 49 (1999): 475.

Partington, Martin. An Introduction to the English Legal System. Oxford University Press, 2000.

Smit, Hans. “The Proposed United States-United Kingdom Convention on Recognition and Enforcement of Judgments: A Prototype for the Future.” Va. J. Int’l L. 17 (1976): 443.

Subject: Law and International Law

Pages: 2 Words: 600

Discussion Board

Prisoner Re-Entry and Parole

Your Name

Institution

Prisoner Re-Entry and Parole

Purpose of Reentering Plan

Returning home from prison can be a very tough transition for the inmates. Generally, the reentry planning starts at the time when inmates are brought to the prison until they got released CITATION EHG09 \l 1033 (EH Goldstein, 2009). The purpose of reentry planning is to prepare the prisoners for success after his/her release. According to the Bureau of Justice Statistics, approximately 66 % of inmates got rearrested within three years of release CITATION KKn99 \l 1033 (K Knight, 1999). To address the issue of rearrests and re-incarceration, reentry planning is needed. Moreover, these numbers have also forced the policymaker and criminal justice practitioners to make a proper policy that will help the reentering process of the inmates.

Challenges

When returning to the community, the inmates face difficulties in securing a decent job, securing housing, and acceptance by the community CITATION LSA06 \l 1033 (Abrams, 2006). Getting a job after being released from a prisoner is not an easy task as most employers are reluctant to hire people who have a criminal record. If someone is able to secure a decent job he would not be paid fairly, the employer will pay less wage to an ex-convict. Most employers pay fewer wages to ex-convicts; so if someone who got released by the prison secured a decent job, he will not be paid/ rewarded equally. Inmates like Anderson generally find work in low skilled jobs in manufacturing industry, maintenance, wholesale, and food services. This difficulty in finding a good job also affects the livelihood of an ex-convict. Furthermore, there is a high risk of homelessness due to low finances. A community does not accept the person who got released by the prison.

Solutions

States law and company policies should be changed to address the mentioned challenges of inmates upon coming back to the community. There are many states which prohibit the employer to hire an ex-convict. This should be changed; no employment can be a backbone for many other issues which will later turn a person again towards crime. Policymakers, criminal justice practitioners and active community members are the key players who can design policy and program which can help inmate's reentering the community. Communities should also be aware about the rights of criminals using different programs. Furthermore, there should be a relief and care packages for ex-inmates which subsidies their finances.

Expectations of inmate on release

An inmate has to be strong when he got released from the custody as there are many difficulties and problems which are waiting for his reentering to the community. In some cases, the inmate should be ready to face the reality that no one is coming to get him on his release due to many reasons. Inmates should understand that with freedom, comes the responsibilities. And because of difficulty in getting employment, he would not be able to fulfill his necessities.

Measures to counter

To increase one's chances of success after reentering the community, he has to start preparing within the prison. As mentioned in the first question, the planning of reentering the community begins when the inmate brought to the prison CITATION EHG09 \l 1033 (EH Goldstein, 2009). The main purpose of imprisoning the criminal is to correct their behaviors. There is a reason why the prisons are called correction facility. The very first reason the criminal got arrested is that he was not following the law. This failure to follow the law makes an inmate unfit for society. Keeping that in mind, the inmate should prepare themselves before their release. They should first work on the behavior or attitude which became the cause of their arrest.

References

BIBLIOGRAPHY Abrams, L. (2006). From corrections to community: Youth offenders' perceptions of the challenges of transition. Journal of Offender Rehabilitation.

EH Goldstein, C. W.-R. (2009). A peer-driven mentoring case management community reentry model: An application for jails and prisons. Family & Community.

K Knight, D. S. (1999). Three-year reincarceration outcomes for in-prison therapeutic community treatment in Texas. The Prison Journal. Retrieved from https://journals.sagepub.com/doi/abs/10.1177/0032885599079003004

Subject: Law and International Law

Pages: 2 Words: 600

Discussion Paper

Discussion Paper

[Name of the Writer]

[Name of the Institution]

Discussion Paper

The paramount responsibility of a human resource professional working in the retail industry is to conduct strategic planning and management of existing employees in order to develop a highly productive, devoted, and motivated workforce (Singh, Manrai & Manrai, 2015). In order to achieve this objective, human resource professionals are continuously faced with numerous challenges because the employees they manage deal with the customers directly (Singh, Manrai & Manrai, 2015).

Following is the three days training program that will teach the basic concepts of sales to the newly inducted employees working in the retail industry. Although there are various aspects of sales that are imperative for newly inducted employees to be familiar with, active listening, handling objections and closing the sale are the three fundamentals that the training program would be focusing on.

During the three-day training program, new employees will be taught the importance of active listening (Itani & Inyang, 2015). Active listening is central to sales because it fosters a relationship of trust between the customer and the employee (Itani & Inyang, 2015). Moreover, the employees will be taught that with the skill of active listening at their disposal, one can avoid miscommunication (Itani & Inyang, 2015). Furthermore, the trainees would be taught to maintain eye contact with the customer. Lastly, trainees would be asked to paraphrase the customer’s ideas to ensure they are understood correctly (Itani & Inyang, 2015).

There is widespread agreement that an objection in sales is a frustrating aspect to deal for the sales professionals. During the training period, the employees will be taught not to take the objection personally (Daly & Redlick, 2016). Furthermore, the employees would be asked to fully listen to the concerns of the customers. Moreover, the trainees would be directed during the training the respond to the objection accordingly and ask whether the customer has been satisfied or not (Daly & Redlick, 2016).

Lastly, the trainees would be taught the skill of closing the sale rapidly. Trainees would be asked to engage the customer to close the sale quickly (Ziglar & Harrington, 2019). By engaging the customer, the employees would be taught to explain to the customer what value the product will add in their lives to close the sale quickly and successfully (Ziglar & Harrington, 2019).

References

Daly, J. A., & Redlick, M. H. (2016). Handling questions and objections affects audience judgments of speakers. Communication Education, 65(2), 164-181.

Itani, O. S., & Inyang, A. E. (2015). The effects of empathy and listening of salespeople on relationship quality in the retail banking industry: The moderating role of felt stress. International Journal of Bank Marketing, 33(6), 692-716.

Singh, V. L., Manrai, A. K., & Manrai, L. A. (2015). Sales training: A state of the art and contemporary review. Journal of Economics, Finance and Administrative Science, 20(38), 54-71.

Ziglar, Z., & Harrington, K. (2019). Secrets of closing the sale. Revell.

Subject: Law and International Law

Pages: 1 Words: 300

Do Not Give A Title

Title Here

Tiffique butler

[Institutional Affiliation(s)]

Author Note

Title Here

The goals of State and Federal practitioner laws have grown over time, following the White Bulger and Al Capone cases. The amendments in these laws were related to the decision pertaining to punishments. In American history, there are many instances which have influenced the decision and punishment charging processes. Similarly, from the early 1900s to late 1900s, there were different cases which influenced this process. Both Mr Al Capone and Mr White Bulger were charged with committing serious offences within a period of 1920 to 1931 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"FozAl64p","properties":{"formattedCitation":"(Kobler and Cannon 1971)","plainCitation":"(Kobler and Cannon 1971)","noteIndex":0},"citationItems":[{"id":316,"uris":["http://zotero.org/users/local/8reWiRZH/items/XCLZDX8X"],"uri":["http://zotero.org/users/local/8reWiRZH/items/XCLZDX8X"],"itemData":{"id":316,"type":"book","publisher":"Putnam New York","source":"Google Scholar","title":"Capone: The life and world of Al Capone","title-short":"Capone","author":[{"family":"Kobler","given":"John"},{"family":"Cannon","given":"John"}],"issued":{"date-parts":[["1971"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kobler and Cannon 1971). The crimes they were charged with included bootlegging, gambling, prostitution and many different forms of aggression.

Both White Bulger and Al Capone were charged with tax evasion, drug trafficking, racketeering and murders of their gang rivals as well. There is no doubt, technology is playing a vital role in the ways crimes are being committed ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"lCqH8NUZ","properties":{"formattedCitation":"(Knapp and Hauptly 1991)","plainCitation":"(Knapp and Hauptly 1991)","noteIndex":0},"citationItems":[{"id":313,"uris":["http://zotero.org/users/local/8reWiRZH/items/4L2MIMLG"],"uri":["http://zotero.org/users/local/8reWiRZH/items/4L2MIMLG"],"itemData":{"id":313,"type":"article-journal","container-title":"UC Davis L. Rev.","page":"679","source":"Google Scholar","title":"State and federal sentencing guidelines: Apples and oranges","title-short":"State and federal sentencing guidelines","volume":"25","author":[{"family":"Knapp","given":"Kay A."},{"family":"Hauptly","given":"Denis J."}],"issued":{"date-parts":[["1991"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Knapp and Hauptly 1991). Therefore, the implementation of different means related to technology has forced legislators to apprise laws in synchronization with the latest criminal methods. Such modifications of laws narrow down the space for criminals and broaden the concepts of crime, with a pretext to Constitution and certain relevant laws ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ejJSQU8a","properties":{"formattedCitation":"(Knapp and Hauptly 1991)","plainCitation":"(Knapp and Hauptly 1991)","noteIndex":0},"citationItems":[{"id":313,"uris":["http://zotero.org/users/local/8reWiRZH/items/4L2MIMLG"],"uri":["http://zotero.org/users/local/8reWiRZH/items/4L2MIMLG"],"itemData":{"id":313,"type":"article-journal","container-title":"UC Davis L. Rev.","page":"679","source":"Google Scholar","title":"State and federal sentencing guidelines: Apples and oranges","title-short":"State and federal sentencing guidelines","volume":"25","author":[{"family":"Knapp","given":"Kay A."},{"family":"Hauptly","given":"Denis J."}],"issued":{"date-parts":[["1991"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Knapp and Hauptly 1991). This practice of modernizing laws with reference to technological use in crime has brought American laws on par with laws of other countries.

I believe that training is another factor which has played a vital role in alteration of laws. White Bulger and Al Capone employed traditional methods in committing crimes, these traditional methods were less lethal and were targeted against a certain opponent. The criminal activities being carried-out today, are different in nature and require ample training ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vKchjUnX","properties":{"formattedCitation":"(Cullen and Murphy 2013)","plainCitation":"(Cullen and Murphy 2013)","noteIndex":0},"citationItems":[{"id":318,"uris":["http://zotero.org/users/local/8reWiRZH/items/23FF8KRJ"],"uri":["http://zotero.org/users/local/8reWiRZH/items/23FF8KRJ"],"itemData":{"id":318,"type":"book","publisher":"WW Norton & Company","source":"Google Scholar","title":"Whitey Bulger: America's Most Wanted Gangster and the Manhunt that Brought Him to Justice","title-short":"Whitey Bulger","author":[{"family":"Cullen","given":"Kevin"},{"family":"Murphy","given":"Shelley"}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cullen and Murphy 2013). Similarly, crimes related to tax evasion and money laundering is being carried via more sophisticated channels. This all demands for strict laws to be adopted so crimes related to cash inflows become more severe. Similarly, there are other areas of criminal activities as well which require that laws be amended and a more holistic framework of legal actions should be adopted to curb criminal activities.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Cullen, Kevin, and Shelley Murphy. 2013. Whitey Bulger: America’s Most Wanted Gangster and the Manhunt That Brought Him to Justice. WW Norton & Company.

Knapp, Kay A., and Denis J. Hauptly. 1991. “State and Federal Sentencing Guidelines: Apples and Oranges.” UC Davis L. Rev. 25: 679.

Kobler, John, and John Cannon. 1971. Capone: The Life and World of Al Capone. Putnam New York.

Subject: Law and International Law

Pages: 1 Words: 300

Drug And Abuse

Sociological Theories for Drug Use & Abuse

Drugs, addiction and its abuse has been one of the most common issues in almost all societies and cultures. While some accredit the drug abuse to recreational purposes, others believe it to be a psychological disorder or vulnerability of personality. Multi-dimensional studies have been conducted in this regard to understand the triggers of drug addiction and causes of drug abuse. Respective paper will briefly explain the phenomenon of drug abuse from the perspective of two sociological theories i.e. Deviant Career Entry & Exit theory and Labeling/Adopting Theory.

Interactionist theorists keep up that negative social responses to one-time drug utilization encouraged more drug use since they would almost certainly internalize the contrary labels connected to them and endure in deviant exercises. As it were, when individuals are labeled and expected to have the negative qualities that go with the substance abuser marks of disgrace, their deviant vocations expanded on the grounds that they acknowledge society's disparaging perspective on them. The scholars called this the inevitable outcome (Adler, 1992). The internalization of negative labels, prompts embracing deviant jobs and identities (Adler, 1992).

Therefore, when individuals receive deviant identities or jobs, they turn out to be enormously enmeshed in deviant professions. In this way, the supposed center time of the deviant profession includes substantial engagement in deviant practices and related exercises. This has profoundly concerned the two researchers and arrangement producers, who are interested in comprehension and circumventing the experiences, exercises, and results of dynamic involvement in the unlawful drug world, overwhelming liquor utilization, or both.

Deviant Career Entry and Exit theory

The exemplary examination "Turning into a Marijuana Smoker" by Becker portrayed how one began utilizing cannabis by means of figuring out how to see the impacts of being high (Adler, 1992). Subsequently, while many trust that "feeling" or "being" high is a programmed or regular wonders, his work instructed us that seeing the impacts of drugs is a social procedure that incorporates grasping shared implications about cannabis' belongings. This is consistent with the interactionist premise that every single social marvel and significance are socially built.

Researchers have recommended that social "mindfulness" of a drug's belongings could go about as an imperative advance in propelling a drug profession, since it exposed and associated the learner client to reward and progressively experienced other people who might be a piece of a drug subculture. Later work by interactionists would determine other marvels that would differentiate entry into drug utilizing professions. Great examinations built up identity issues as critical to drug profession entry.

Labeling Theory

With proceeded with drug use and acknowledgment of the deviant label, people started embracing drug fanatic and alcoholic jobs and identities. This change shows that drugs have turned out to be significantly more than substances one can utilized. Drug someone who is addicted and alcoholic jobs and identities suggest that substances have turned into an all the more widely inclusive action around which oneself is sorted out and characterized. Along these lines, end from drug-taking conduct requires a redefinition of oneself and selection of drastically different jobs (Adler, 1992).

Since the presence of labeling theory, drug use and abuse and numerous liquor related experiences/issues have fallen under the domain of the America’s corrective war on drugs, to a great extent criminalizing those included. By pursuing a full scale war against drugs, the American criminal equity framework presents a disparaging label and substantial social disgrace on those indicted for drug use and deals. In numerous regards, this label is irreversible, for it pursues lawful offense preparing that permanently denotes one's record and exacts other social outcome. Other social foundations, similar to the media, schools, social help offices and so on, follow in underwriting the shame.

Because of the substantial and wide-going outcomes of substance use-related marks of shame, researchers from the interactionist custom have required a wide scope of approach alternatives that would lessen the alleged social passing that can go with the formal labeling and punishment of substance clients. These approaches extend from decriminalization of "gentler" drugs, similar to cannabis, to remedial equity or re-integrative disgracing programs, which try to decrease the enduring ramifications of shame. For labeling theorists, lessening the seriousness of the formal social response to deviance would decrease the enduring effect of disgrace on the supposed deviant or guilty party. Consistent with this thought would be end of required essentials for drug offenses, three-strike crime laws, lawful offense disenfranchisement and so forth. Decriminalizing some drug offenses, would drastically resolve the hurtful impacts of drug-related shame by evacuating the criminal label by and large.

Another cure supported is the remedial equity approach, which has demonstrated promising outcomes with numerous kinds of crime and deviance, not exclusively substance abuse. It's essential objectives are to: reestablish the soundness of the network following offenses or negative events, fix any damage or mischief, and cure the requirements of unfortunate casualties' and (4) and power the wrongdoer to take an interest in this procedure. Faultfinders whine, nonetheless, that therapeutic equity overlooks the genuine mischief and enduring brought about by those wrongdoers .

Other arrangement suggestions pursue from interactionist chip away at deviant profession entry and exit. Initially, particular of elements prompting drug use can extraordinarily upgrade prevention procedures trying to wipe out drug use before it ever occurs or to stop the reception of drug-related jobs and identities which further entrap clients in risky drug professions and ways of life. Second, explanation of drug profession exit procedures can educate treatment and reintegration endeavors with those vigorously enmeshed with liquor and drugs (Benburg, 2009).

References

Ewald, K., & Jiobu, R. M. (1985). Explaining positive deviance: Becker’s model and the case of runners and bodybuilders. Sociology of Sport Journal, 2(2), 144-156.

Adler, P. A. (1992). The “post” phase of deviant careers: Reintegrating drug traffickers. Deviant Behavior, 13(2), 103-126.

Bernburg, J. G. (2009). Labeling theory. In Handbook on crime and deviance (pp. 187-207). Springer, New York, NY.

Subject: Law and International Law

Pages: 3 Words: 900

Drug And Abuse Substance

Drug Related Offense

[Name of the Writer]

[Name of the Institution]

Drug Related Offense

Using Cocaine as the Evidence

The first thing that has to be seen in this case is the role and the authority that he is the part of the drug task force (Esseiva et al, 2017). Being the part of the drug task force allows him to make sure that he is able to take decisions on his own with regards to how he is supposed to handle evidences where he feels that consumption of the drugs is being carried out (Esseiva et al, 2017). Looking at the current evidence, other thing that stands out is that how the residents had other drugs as well at their possession and it is very clear from this case that how the consumption of drugs was being carried out in this house (Esseiva et al, 2017). There is enough evidence here, but the Officer needs to make sure that he has something to show for it, and as cocaine under limited quantity does not count as drug, but this time around that quantity has increased, he can collect this as evidence (Esseiva et al, 2017).

Actions Needed to be Taken as per the Law

One of the first thing that people tend to misunderstand is that how the rights of the police are supposed to be working out and believe that the police is not supposed to search the home (Esseiva et al, 2017). This is not true as police can search the premises, but the key thing that has to be made sure here is that the consent of the occupier has to be kept in mind when doing so (Esseiva et al, 2017). The ideal thing that can be done in this regard is to make sure that the warrant must be obtained from the magistrates of the police so that the premises can be searched around, and evidence of the crimes can be collected at the given point of time (Esseiva et al, 2017). The other thing that has to be noted here is that how the police can enter the premise without the warrant if they have carried out the arrest, but that is not going to be applicable (Esseiva et al, 2017).

Steps after the Arrest

After the arrest has been made, one of the first thing that the police need to be doing is that they should be making sure that they are searching the premises at the given point of time and are detaining the occupied person (Esseiva et al, 2017). It has to be noted that they are supposed to have control over the person that they have detained at the given point of time (Mazerolle et al, 2016). The other thing that the law enforcement personnel are supposed to do is to make sure that they can still search the premises for finding more evidence or detaining additional people who might be inside at the given point of time (Esseiva et al, 2017). When it comes to arrest, the claim of the arrestable offence has to be there and the key thing in this regard is to make sure that evidences must be in place to make sure that the whole process could be carried out in a smooth manner (Esseiva et al, 2017).

Role of Drug Courts in the Case

There are two reasons that the drug courts might come into play in this case. The first one is that how drug courts are going to be making sure that what are some of the key steps that are needed to be taken by them with regards to the collection of the evidences (Esseiva et al, 2017). The other aspect is that how the legislative roles are going to be defined at the given point of time (Esseiva et al, 2017). The other thing that has to be kept in mind is that the drug officer that is taking after the case has taken possession of some of the drugs that were witnessed there and based on that aspect, they are in the position to further prese the charges at that point of time (Esseiva et al, 2017). It has to be noted that the role of drug control authorities is only possible due to the collection of the evidences as well as the Officer Landonio looking after the case (Esseiva et al, 2017).

Fining the Drug Offenders

There are very clear laws that tend to state that how the fines and other penalties are going to be working out in this case. It has to be noted that not only on the table, but even inside there were large number of narcotic’s that were find out (Esseiva et al, 2017). Due to that, it is imperative that some sort of fine is going to be made with regards to the possession of the drugs. The key thing though that has to be noted here is that how the fine is going to be working out. For the simple possession, there is going to be fine of about $ 1,000 (Esseiva et al, 2017). The quantity though that has been found here is quite large and thus the fine is going to be on the higher side. In this case, the fine can as high as around $ 10,000 along with the imprisonments due to the fact that there is enough evidence to press charge (Esseiva et al, 2017). Thus this clarity of legal system needs to be there (Weatherburn & Lind, 2018).

References

Esseiva, P., Ioset, S., Anglada, F., Gasté, L., Ribaux, O., Margot, P., ... & Ottinger, E. (2017). Forensic drug intelligence: an important tool in law enforcement. Forensic science international, 167(2-3), 247-254.

Mazerolle, L., Soole, D. W., & Rombouts, S. (2016). Street-level drug law enforcement: A meta-analytical review⋆. Journal of experimental criminology, 2(4), 409-435.

Weatherburn, D., & Lind, B. (2018). Street‐level drug law enforcement and entry into methadone maintenance treatment. Addiction, 96(4), 577-587.

Subject: Law and International Law

Pages: 3 Words: 900

Drug Control Analysis

Marijuana Control Analysis

[Name of the Writer]

[Name of the Institution]

Marijuana Control Analysis

Introduction

Marijuana (Cannabis) is a grey, brown, or green mixture of shredded, dried seeds, stems, leaves, and flowers of the plant of hemp known as Cannabis sativa. It is used as psychoactive or minds alerting recreational drug for medical ailments and for spiritual and religious purposes. Hashish, Sinsemilla, and hash oil are considered to be marijuana's stronger form. According to many researches, marijuana is considered to be the most significant abused drug in Australia. Many states in Australia are also legalising marijuana for recreational or medical use. Moreover, according to federal law, marijuana possession is still not legal in Australia except in some research settings with the approval of the government. Australia has one of the highest prevalence rates of cannabis in the world, and the indigenous population of Australia has greater levels of use of cannabis. The use of recreational cannabis is also illegal in Australia, and the country has avoided a policy of punitive drug which focuses on the strategies of harm-minimisation. This report discusses the current approaches to control the use of cannabis and also the recommendations to improve these strategies and approaches to make Australian society free of marijuana.

Discussion

Current Approaches to Control Use of Marijuana

Laws concerning the manufacture, supply and possession of illicit drugs such as cannabis are the remit of Territories and States in Australia, but the Commonwealth has a significant legal role as some powers consequences over exports and imports and by the international treaty obligations virtue. Illicit drugs are defined differently in every jurisdiction as some consequences. The website of the Australian drug foundation has comprehensive links set to a huge range of specific illegal drugs such as cannabis which gives complete information of all its harmful effect. Moreover, the crime commission of Australia produces the Drug report on Cannabis annually. It contains informative data related to the use of cannabis in Australia and its effect. All these reports address the harms related to cannabis (Mason, Fleming, & Haggerty, 2016, p.199).

Trafficking and dealing in illegal drugs such as cannabis is considered to the critical criminal offence. Several laws are employed to sanction alleged cannabis traffickers in Australia, but the punishment related to this crime depends on the weight of the cannabis found from the criminal. The weight of the cannabis determines whether the criminal is charged with the possess offence such as diversion into bond, fine, and treatment or the offence of supply which is imprisonment up to twenty-one to twenty -five years or can be the imprisonment of life. Such type of law which is existed in the jurisdictions of Australia since the 1970s is known as deemed supply. In this, an individual is deemed to have supplied the cannabis which is based only on the weight and not on any other evidence (Evans-Whipp, et, al., 2015, p.995).

The effectiveness of These Approaches

Several agencies conduct daily cannabis survey related to its utilisation in Australia. Some are geared to illicit the consumption of cannabis while others. Many approaches have been developed which are useful to gain a perspective on the illicit cannabis use within relation for using and abusing of licit substances. The significance of such type of comparison is evident in drug-related harms that contain links to approaches which compare the social and economic cost of licit and illicit use of cannabis. The Australian Institute of Health and Welfare publishes and conducts the household survey of national drug strategy which explores the perceptions and opinions of Australians who are aging fourteen years or above on several issue related to cannabis that include marijuana use personal approval, the cannabis effect on the general mortality and community and the health risk perception from tobacco and alcohol consumption. Statistics on Drug use in Australia are also published by the AIHW which include data on cannabis use patterns with attitude and trends to use, health and drugs, international comparison, groups of special population, law and crime enforcement, use of polydrug, and moderation and avoidance of cannabis. The National Illicit System of Drug reporting is also conducted each year in every territory and states of Australia by participating institutions of research throughout the country. This survey is done with the coordination of NDARC (National Drug and Alcohol Research Center). All these surveys help the authorities to figure out the way for reducing the harmful effect of cannabis on society (Snijder, et, al., 2018, p.7).

The historical and legal analysis of Australian law and other approaches has shown that these laws are inconsistent, unnecessary, and unjust with the legal principles of standards. So, it is necessary to adopt some changes in the current laws and approaches for controlling the use of Cannabis in Australian society (Guttmannova, 2019, p.10).

Recommendations

Clear aims and principles of policies are necessary to develop the policy and to evaluate its effects for facilitating the improvements in future. Still, these have been often absent in cannabis drug policies of Australia. They should disseminate and develop consistent and clear information related to the potential benefits and risks which are associated with cannabis utilisation. Policies should be implemented and developed that strengthen the capacity of community and skills of the individual which promote behaviours related to sound health. Australian authorities should also implement and develop the regulations of federal which are concerned with the packaging, processing, harvesting, and growing of cannabis, and products containing cannabis for the sales of retail. They should also implement and develop the model of retail sales which expands the system in place for the regime of cannabis. Retail sales of any store should be restricted for the control of the government and not for the monopolies of profit. All products containing cannabis should be sold in childproof and resealable packaging. Cannabis should also be included in all smoke-free bylaws like policies of tobacco and alcohol consumption in the workplace or public spaces (Litt, et, al., 2016, p. 30).

Some other effective preventions which can help in eliminating the harmful effects of cannabis include establishing the tax rates of products containing cannabis which are based on the concentration of THC, limitation of advertising of cannabis product, and a common minimum age of cannabis consumption all across Australia. The authorities of Australia should also permit the alternative approaches for the consumption of the product in order to decrease the reliance on the smoke of inhaling cannabis. Strategies and plans should be initiated by the authorities for monitoring the statistics like daily use of self-reporting, potency and types of products consumed, consumption reason, socio-economic and gender status. Health surveillance of an individual should be strengthened for understanding its impact on society and also for evaluating the impact of the utilisation of cannabis. Moreover, some other statistics like an admittance of emergency room for the overdose of cannabis and injuries related cases of cannabis use should also be monitored. Authorities should make a proper plan for monitoring the disorders of its use and also for monitoring the impact of cannabis smoke and other cannabis product on health. Evidence-informed strategies are also necessary for reducing the impact of cannabis from Australian society. For this purpose, it is necessary to develop the tools for helping the doctors, physicians, and other social and health services professions in order to identify the persons at risk after developing the disorder of cannabis use. It also essential to adopt the treatment programs of substance for including cannabis. Preventing marijuana use means preventing the abuse of other drugs as well. Australian authorities should teach the parents that they should have a significant task of steering away from their children from marijuana, alcohol, cigarettes, and other prescription through which the young generations start with. They should also make a strategy for training children about the harmful effect of marijuana (Lipperman-Kilmer, 2016, p.190).

Such approaches at all government levels should be based on the efficient available information of what is likely to work, what works, what does not work. The government in Australia also designed a strategy for supporting, implementing, and developing research programs which include research of cross-jurisdictional that address every aspect of the use of cannabis with the priorities maintained with the Australian Institute of Health Research. Moreover, underpinning such initiatives is a need for a plan evaluation which gives the timely assessment of what isn't working and what works so that proper adjustment can be done. Furthermore, the government of CommonWealth should also call all states government and political parties for governing organisation for collaborating closely on the development of legislation related to cannabis, guidelines and regulations for minimising the variations of jurisdictional in all approaches. Once the legislation is implemented, it can be effective for youth criminalisation who give few cannabis quantities to other young people for the use of an individual. Care should also be taken for applying the proposed rules that have the concern of trafficking for reflecting the crime severity. Training sessions should be organised all over Australia to clarify the smoke of second-hand cannabis effects (Mather, et, al., 2015, p.20).

A large amount of taxes should be applied to cannabis for keeping the prices higher. Excise taxes are associated with the lower use of tobacco and alcohol by adolescents. Youths are generally sensitive to prices and can not afford the use of drugs after such a higher amount of taxes. Even though youth in Australia cannot legally buy marijuana and it is sold in the legal market which is illegal to resold to young children. Thus, increasing the taxes in the legal market can raise the resale values in black markets. The measures for preventing marijuana of black market from getting into the legal market also require supply chain strict monitoring. Marijuana's retail availability should also be strictly regulated. The Australian government should develop policies of license applying for all actors in the recreational supply chain of marijuana which also retailers. Despite the restriction of age-limit, several young people can obtain tobacco and alcohol from retailers. Such problems could be eliminated for cannabis by tighter enforcement of current laws which include more complex audits and severe penalties that can be successful in reducing the sale of illegal alcohol and tobacco to minors. Moreover, the government of Common Wealth of Australia should regulate positions of retail cannabis establishment for keeping them away from schools, playground, and prohibiting stores which should sell other healthy products to minors instead of selling marijuana (Martin & Bonomo, 2016, p. 372).

Australian legislation should be focused on eliminating the children likelihood of ingesting marijuana likelihood. Australian states with marijuana that is legal should regulate and take the strict actions against the labelling, packaging, and appearances of the products which are likely to be attractive and appealing to young ones, like baked good, and infused-candy. It is needed that manufacturers should use packaging of child-resistant such as sealed, opaque, and blister packs or bottles. Moreover, clear labelling for all edibles of marijuana-infused could reduce accidental ingestion. The packaging of Child-resistant is efficient in other contexts that include the decreasing rate of unintentional ingestion of drugs of oral prescription by children. Clear labelling of drugs can increase the ability of an individual for identifying the harmful products which help them to keep away from children. Such legislatures could also empower the Australian department of health for regulating marijuana as a potentially additive unsafe food by giving them authority for limiting its quantity in edibles (Lancaster, Seear, Treloar, 2015, p.39). Exposure of youth for the marketing of marijuana should also be minimised. Exposure of tobacco and alcohol advertising lowers risk perception of adolescents and rises perceived social initiation, desirability, and use of the substance. Australian should be comprehensive in the regulation of the marketing of marijuana. Commercial free speeches should be interpreted for allowing some restrictions of marketing by targeting the sources of media which are likely to be seen by youth such as television programs focused by youth, magazines famous with youth, and online sites of social media. As with alcohol, and online tobacco advertisement of marijuana should be restricted, but websites like Google voluntarily ban the advertising of marijuana. Branded clothing and other materials for promotion could eliminate the adverse effects of advertising of marijuana on young people. Regulating the candies infused with marijuana marketing can also help in limiting the utilisation in youth as it is believed that tobacco products of candy-flavour are very attractive to young ones (Gossop, 2016, p.54).

Conclusion

Adaptation of such approaches not only reduce but also eliminate the legalised marijuana health risks on young people. In addition to informing patients and parents about the risk of Australian marijuana, States should use legislators and regulators about the risky products of marijuana and access points. If states of Australia fail for containing marijuana diversion from legal to illegal markets than youth can be able to get cannabis from illegal sellers. So even with the strict regulations, it will not be easy for limiting marijuana availability to youth through the cultivation of home that is allowed in all authorities of Australia with legalised marijuana. Moreover, many states of Australia have limited ability for preventing homemade edibles of marijuana-infused from getting into the hands of children. Hence policymakers should take steps with true evidence for improving regulations that control sale and production of marijuana.

References

Evans-Whipp, T.J., Plenty, S.M., Catalano, R.F., Herrenkohl, T.I. and Toumbourou, J.W., 2015. Longitudinal effects of school drug policies on student marijuana use in Washington State and Victoria, Australia. American journal of public health, 105(5), pp.994-1000.

Gossop, M., 2016. Living with drugs. Routledge.

Guttmannova, K., Skinner, M.L., Oesterle, S., White, H.R., Catalano, R.F. and Hawkins, J.D., 2019. The interplay between marijuana-specific risk factors and marijuana use over the course of adolescence. Prevention Science, pp.1-11.

Lancaster, K., Seear, K. and Treloar, C., 2015. Laws prohibiting peer distribution of injecting equipment in Australia: A critical analysis of their effects. International Journal of Drug Policy, 26(12), pp.1198-1206.

Lipperman‐Kreda, S., Paschall, M.J., Robert F, S. and Morrison, C.N., 2018. Places and social contexts associated with simultaneous use of alcohol, tobacco and marijuana among young adults. Drug and alcohol review, 37(2), pp.188-195.

Litt, D.M., Kilmer, J.R., Tapert, S.F. and Lee, C.M., 2016. Marijuana use and abuse in adolescence. In The Oxford Handbook of Adolescent Substance Abuse.

Martin, J.H. and Bonomo, Y.A., 2016. Medicinal cannabis in Australia: the missing links. Medical Journal of Australia, 204(10), pp.371-373.

Mason, W.A., Fleming, C.B. and Haggerty, K.P., 2016. Prevention of Marijuana Misuse. Marijuana and Mental Health, p.199.

Mather, L.E., Rauwendaal, E.R., Moxham-Hall, V.L. and Wodak, A.D., 2015. THE ISSUE OF MEDICINAL CANNABIS IN CONTEMPORARY AUSTRALIA. Griffith Journal of Law & Human Dignity, 3(2).

Snijder, M., Stapinski, L., Lees, B., Newton, N., Champion, K., Chapman, C., Ward, J. and Teesson, M., 2018. Substance Use Prevention Programs for Indigenous Adolescents in the United States of America, Canada, Australia and New Zealand: Protocol for a Systematic Review. JMIR research protocols, 7(2).

Subject: Law and International Law

Pages: 7 Words: 2100

Drug Use In Prisons Of First Time Offenders

Drug Use in Prisons of First Time Offenders

Student’s name

Professor’s name

Subject code

University

TOC \o "1-3" 1. Introduction PAGEREF _Toc20226306 \h 3

1.1 Purpose Statement PAGEREF _Toc20226307 \h 3

2. Literature Review PAGEREF _Toc20226308 \h 3

2.1 Drug Use in Prison PAGEREF _Toc20226309 \h 3

2.2 Prior Drug Abuse PAGEREF _Toc20226310 \h 4

2.3 Length of Time in Prison PAGEREF _Toc20226311 \h 4

2.4 Perception of Accessibility of Drugs PAGEREF _Toc20226312 \h 4

2.5 Gangs and Security Threat Groups Affiliation PAGEREF _Toc20226313 \h 4

2.6 Measure of Perception of Prison PAGEREF _Toc20226314 \h 5

2.7 Analysis of Literature Review PAGEREF _Toc20226315 \h 5

3. Research Question and Hypothesis PAGEREF _Toc20226316 \h 5

4. Data Source/Sampling PAGEREF _Toc20226317 \h 6

5. Research Design PAGEREF _Toc20226318 \h 6

6. Ethical Issues PAGEREF _Toc20226319 \h 6

7. Variables PAGEREF _Toc20226320 \h 6

8. Limitations of the Study PAGEREF _Toc20226321 \h 6

9. Significance of the Study PAGEREF _Toc20226322 \h 6

10. Conclusion PAGEREF _Toc20226323 \h 7

References PAGEREF _Toc20226324 \h 8

1. Introduction

Drug use among the prisoners in the United States is a compelling issue that enormously complicates the purpose of rehabilitation of the offenders in the country. Estimates presented in the reports and surveys in this regard show that drug use and dependence among arrestees are at endemic levels and suggest that an urgent need for effective intervention prevails. The nature of drug use remains chronic in nature. It involves relapsing condition, which makes recovery a slow and lengthy process.

1.1 Purpose Statement

The American criminal justice system currently holds approximately eighty people in Indian country jails (Minton & Cowhig, 2017), more than three thousand in local jails (Minton, 2015), almost two thousand in juvenile correctional facilities (Hockenberry et al., 2016), more than a hundred in federal prions (Stephan, 2008), and more than two million people in state prions (Stephan, 2008). The purpose of this study is to investigate the connection between drug abuse and dependence of first time offenders in these prisons and other key variables such as prior drug abuse habits of the first time offenders, the duration of time they spend in the jails, the perception of accessibility of drugs, the gang and STG affiliations of the first time offenders, and measures of perceptions of prison.

The rest of the study is organized as follows: Section 2 provides literature review of the study, which has been further subdivided into seven sections for the purpose of simplicity. Section 3 provides the research question and hypothesis of the study. Section 4 discusses the sources of data. Section 5 provides design of the study whereas Section 6 elaborates on the relevant research issues. Section 7 provides details on the dependent and independent variables chosen in this study. Section 8 and 9 provide significance and limitation of the study respectively. The last section concludes the study.

2. Literature Review

This literature reviews aims at key aspects associated with drug use, predominantly in the prisons of the United States. According to the data collected by National Inmate Surveys, two-thirds of the sentences inmates and half of the state prisoners meet the criteria for drug use or dependence in prisons. Majority of the prisoners have chronic and problematic drug use patterns. This literature review investigates the linkage between the first time offenders and drug use in the prisons of the United States. For the purpose of simplicity, this section has been subdivided into seven sections namely, drug use in prison, prior drug abuse, length of time in prison, perception of accessibility of drugs, gangs and security threat group affiliations, and measures of perception of prisons. The last section provides critical analysis of the literature survey.

2.1 Drug Use in Prison

Drug use in prison is a common occurrence. Several prior studies suggest that the drug use of first time offenders in jails worldwide is rife and illicit drug use including NPS, heroin, and cannabis remains endemic. More than half a million people are locked up because of drug offenses (Wagner & Sawyer, 2018). Most of the American prisons are designed for punishing the offenders. They have zero to little activities in the system to spend their time on (Anaheim Lighthouse, 2017). Moreover, the inmates are often angry, guilty, lonely, and sometimes abused by the fellow inmates (Anaheim Lighthouse, 2017). All of these factors add to an environment that encourages addictions.

2.2 Prior Drug Abuse

Prior drug use remains a critical issue among the first time offenders. While they cause additional financial burdens on the correctional measures, they also flourish an environment within the jails that encourages addictions for the first time offenders (Anaheim Lighthouse, 2017). A number of studies indicate that majority of the prisoners have previously used drugs in their lives at some point (Royuela et al., 2014).

2.3 Length of Time in Prison

In 2013, the estimated average length of time in prison was 23 days (Minton, 2015). The more time the first time offenders spend in the jails with the addicted inmates, they more they are exposed to the risks of drug abuse and dependence due to the fact that many of the prisoners have chronic and problematic drug use patterns (Royuela et al., 2014).

Reports have provided that the inmates in the United States suffer from drug addiction or substance use (Columbia University, 2018). The two groups make more than 80% population of the American jails in the current times (The Nation’s Health, 2010). The report also found that only 16% of the inmates facing the issues of drug addiction or substance abuse are likely to receive a treatment or contract to a such facilitation (The Nation’s Health, 2010).

2.4 Perception of Accessibility of Drugs

Despite the fact that drugs are tightly regulated in the country, and it is often difficult and illegal to bring drugs within the prisons through an outside source, many prisons in the United States experience a flourishing black market for drugs (Anaheim Lighthouse, 2017). The contraband ranges from cigarettes to drugs (Anaheim Lighthouse, 2017). Primarily, lazy or corrupt staff members often push this market (Anaheim Lighthouse, 2017). They either do not care about its existence or prevalence or earn profit through it (Anaheim Lighthouse, 2017). As per a report in 2016, the modern use of technology in the form of computers, cell phones, and drones make it easy for the inmates to increase their accessibility of drugs (John, 2016).

2.5 Gangs and Security Threat Groups Affiliation

According to a 1999 survey, gang affiliations among the inmates from 9% to 25% over the past decade (Knox, 1999). The recent survey reported an increase from approximately 11% to 14% in 2008 (Hill, 2009). The averages of these estimates indicate a constant increase in the gangs and security threat group affiliations among the inmates (Winterdyk & Ruddell, 2010). Such gang memberships negatively impact the first time offenders because of their drug abuse and dependence (Trulson et al., 2006).

Prison gangs often involve murderers, thieves and drug dealers. Such gangs are involved in vast majority of trade in drugs and other contrabands such as cell phones behind the bars (Wood, 2014). Therefore, the first time offenders are at a great risk of falling prey to such gang activities (Wood, 2014). While getting involved in the gangs, the new inmates are more likely to adapt to the old habits and culture of the prison, which heavily involves drugs (Wood, 2014).

2.6 Measure of Perception of Prison

The important public policy decisions are often based on the measures of perception of the system (Kjelsberg et al., 2007). Therefore, measuring the perception of the American prisons by the residents of the United States is a promising method to exhibit the seriousness of the issue of drug addiction and substance abuse (Kjelsberg et al., 2007). In a similar vein, a positive attitude towards the prisoners helps in securing the effectiveness of various activities in connection to rehabilitation and other facilitation (Kjelsberg et al., 2007).

2.7 Analysis of Literature Review

The American criminal justice system currently holds a large number of people in Indian country jails, local jails, juvenile correctional facilities, federal prions and state prions. This literature review analyzed key aspects associated with drug use, predominantly in the American prisons while investigating the linkage between the first time offenders and drug use in the prisons of the United States. In this regard, it studied drug use in prison, prior drug abuse, length of time in prison, perception of accessibility of drugs, gangs and security threat group affiliations, and measures of perception of prisons.

From the literature review, it is clear that drug use in prison is a common occurrence. Most of the American prisons are designed for punishing the offenders with a narrow scope of activities for them to spend time on. Moreover, the inmates are often angry, guilty, lonely, and sometimes abused by the fellow inmates. All of these factors add to an environment that encourages addictions. Additionally, a number of studies indicate that majority of the prisoners have had previously used drugs at some point in their lives. Moreover, the more time the first time offenders spend in the jails with the addicted inmates, they more they are exposed to the risks of drug abuse and dependence due to the fact that many of the prisoners have chronic and problematic drug use patterns.

The literature review further indicates that the prisons in the United States experience a flourishing black market for drugs. Also, gangs have taken over the jails, which often involve murderers, thieves and drug dealers. Such gangs are involved in vast majority of trade in drugs and other contrabands such as cell phones behind the bars. However, a positive attitude towards the prisoners helps in securing the effectiveness of various activities in connection to rehabilitation and other facilitation.

3. Research Question and Hypothesis

The research question is that if there is a connection between drug abuse and dependence of first time offenders in the American prisons and other key variables such as prior drug abuse habits of the first time offenders, the duration of time they spend in the jails, the perception of accessibility of drugs, the gang and STG affiliations of the first time offenders, and measures of perceptions of prison. In this regard, the following hypothesis is made:

H01: Prior drug abuse habits have insignificant impact on drug abuse in prison.

H11: Prior drug abuse habits have significant impact on drug abuse in prison.

H02: Length of time spent in jail has insignificant impact on drug abuse in prison.

H12: Length of time spent in jail has significant impact on drug abuse in prison.

H03: Perception of accessibility of drugs has insignificant impact on drug abuse in prison.

H13: Perception of accessibility of drugs has significant impact on drug abuse in prison.

H04: Gang and STG affiliations have insignificant impact on drug abuse in prison.

H14: Gang and STG affiliations have significant impact on drug abuse in prison.

H05: Measures of perception of prison have insignificant impact on drug abuse in prison.

H15: Measures of perception of prison have significant impact on drug abuse in prison.

4. Data Source/Sampling

This study employs primary data research. For this purpose, a random sample of the first time offenders being released from the American prisons will be taken. Need more details here.

5. Research Design

It is a quantitative research paper. The sample of the dataset comprises of __ first time offenders being released from the American jails during the period of ______. The participants will be questions either directly (through interview) or indirectly (via questionnaires) to obtain the primary dataset concerning the defined dependent and independent variables.

6. Ethical Issues

Due to the sensitivity of the topic under discussion, this study has faced and addressed a handful of ethical issues. The participants of the research include first time offenders being released from jails. Their informed consent has been obtained before conducting the survey. It means that a person knowingly and voluntarily gives his free consent to an act.

Moreover, this study also takes regard of the ethical principle of beneficence – do not harm, which indicates that the professional mandate to be effective and efficient for the wellbeing of the society, i.e., the research has been conducted to better server and promote the welfare of the participants. This study also takes into account the respect for confidentiality and anonymity of the participants. Additionally, it respects for privacy as well.

7. Variables

This study adopts the following dependent and independent variables. Drug abuse in prison is taken as the dependent variable. The independent variables include prior drug abuse habits of the first time offenders, the duration of time they spend in the jails, the perception of accessibility of drugs, the gang and STG affiliations of the first time offenders, and measures of perceptions of prison.

8. Limitations of the Study

The study is limited to the United States only. Due to the cultural differences and drug use disparity, the results of this particular study cannot be generalized to the world’s population at large. Also, the size of the sample is small due to the fact that chosen time period runs from ___ to ___ and only a limited number of first time offenders were being released from the jails during this period.

9. Significance of the Study

Despite its limitations, this study is significant in studying, analyzing and providing information concerning the trends of drug use in the American jails for the first time offenders. Additionally, this study also covers several other variables in this regard, which have not previously been mentioned, utilized, and analyzed as a part of one study in the previous literature. Moreover, this study covers sampling of the first time offenders being released from the jails. It does not differentiate between different types of the prisons and jails in the country, and thus, covers a large sample size, which has not been covered in any of the previous studies.

10. Conclusion

Estimates presented in the reports and surveys on the first time offenders being released from the American jails show that drug use and dependence among arrestees are at endemic levels and suggest that an urgent need for effective intervention prevails. The purpose of this study is to investigate the connection between drug abuse and dependence of first time offenders in these prisons and other key variables such as prior drug abuse habits of the first time offenders, the duration of time they spend in the jails, the perception of accessibility of drugs, the gang and STG affiliations of the first time offenders, and measures of perceptions of prison. An extensive study on these variables helps in securing the effectiveness of various activities in connection to rehabilitation and other facilitation of such inmates in the country.

References

Anaheim Lighthouse. (2017). Drug Use in US Prisons. Retrieved from: https://anaheimlighthouse.com/blog/drug-use-in-us-prisons/

Columbia University. National Center on Addiction, & Substance Abuse. (1998). Behind bars: Substance abuse and America's prison population. National Center on Addiction and Substance Abuse at Columbia University.

Hill, C. (2009). Gangs/security threat groups. Corrections Compendium,34,23−37

Hockenberry, S., Watcher, A., and Sladky, A. (2016). Juvenile Residential Facility Census, 2014: Selected Findings. US Department of Justice, Juvenile Justice Statistics National Report Series.

institutional control. Corrections Today,68,26−31

John, P.S. (2016). Illegal drugs are flowing into California’s most guarded prisons — and killing death row inmates. Los Angeles Times. Retrieved from: https://www.latimes.com/local/california/la-me-death-row-drugs-20160824-snap-story.html

Kjelsberg, E., Skoglund, T. H., & Rustad, A. B. (2007). Attitudes towards prisoners, as reported by prison inmates, prison employees and college students. BMC Public Health, 7(1), 71.

Knox, G. W. (1999). A national assessment of gangs and security threat groups (STGs) in adult correctional institutions: Results of the 1999 adult corrections survey.

Minton, T. D. (2015). Census of Jails: Population Changes, 1999–2013. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from: https://www.bjs.gov/content/pub/pdf/cjpc9913.pdf

Minton, T. D., and Cowhig, M. (2017). Jails in Indian Country: 2016. US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from: https://www.bjs.gov/content/pub/pdf/jic16.pdf

Retrieved from: https://www.ojjdp.gov/pubs/250123.pdf

Royuela, L., Montanari, L., Rosa, M., and Vicente, M. (2014). Drug use in prison: assessment report Reviewing tools for monitoring illicit drug use in prison populations in Europe. Retrieved from: http://www.emcdda.europa.eu/system/files/publications/784/Drug_use_in_prison_assessment_report_462763.pdf

Stephan, J.J. (2008). Census of State and Federal Correctional Facilities, 2005. Washington, DC: US Department of Justice, National Business Statistics Programs, Bureau of Justice Statistics. Retrieved from: https://www.bjs.gov/content/pub/pdf/csfcf05.pdf

The Nation’s Health. (2010). Online only: Report finds most U.S. inmates suffer from substance abuse or addiction. Retrieved from: http://thenationshealth.aphapublications.org/content/40/3/E11

Trulson, C. R., Marquart, J. W., & Kawucha, S. K. (2006, April). Gang suppression and

Wagner, P., and Sawyer, W. (2018). Mass Incarceration: The Whole Pie 2018. Prison Policy Initiative. Retrieved from: https://www.prisonpolicy.org/reports/pie2018.html

Winterdyk, J., & Ruddell, R. (2010). Managing prison gangs: Results from a survey of US prison systems. Journal of Criminal Justice, 38(4), 730-736.

Wood, G. (2014). How Gangs Took Over Prisons? The Atlantic. Retrieved from: https://www.theatlantic.com/magazine/archive/2014/10/how-gangs-took-over-prisons/379330/

Subject: Law and International Law

Pages: 8 Words: 2400

Emancipation Of Minors

Name of Student

Name of Professor

Name of Class

Day Month Year

Outline

I. Introduction

a. Manifestations of Emancipation

b. Thesis Statement: If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.

II. The significance of Emancipation of the Minor

a. Ambiguities in the presence of step-parents or guardians

b. Legal Constraints for Children

III. Empowerment of the Children as an Adult

a. Independence

i. Liberty to exercise will

ii. Freedom from abuse and acquisition of responsibility

IV. Conclusion

Emancipation is one of the primary ventures among other options which are also exercised by the government. The emancipation of minors is a significant legal matter that casts prominent impact in their life.

Emancipation of Minors

Children under 18 are essentially deemed incompetent to enter to proceed with critical legal and personal affairs. It is a universal truth. However, law and judicial system also recognize the aspect which is manifested in the emancipation of minors. Emancipation has the potential to override these assumptions. The emancipated child is privileged and permitted to make a certain decision without the intervention or mandatory consent of the parents. In literal terms, it is a legal framework that allows the minor to become independent from the supervision of guardians or parents. The parents are also relieved from the responsibility of looking after their children. It is a legal framework of paramount significance. If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.

To begin with, the emancipation of the minors appears as a trivial matter. The manifestation of the matter becomes complex in specific circumstances. There exist several intricate cases where ambiguity dominates the efficiency, applicability and consequences of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Azf1kFbM","properties":{"formattedCitation":"(Interactive)","plainCitation":"(Interactive)","noteIndex":0},"citationItems":[{"id":1841,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"itemData":{"id":1841,"type":"webpage","title":"Family Law Self-Help Center - Emancipation of a Minor","abstract":"The Family Law Self Help Center's mission is to increase informed access to the legal system by providing education, information, legal forms, community referrals, and other support services to self-represented parties with family law matters in Clark County, Nevada.","URL":"http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor","language":"en","author":[{"family":"Interactive","given":"Proof"}],"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Interactive). Step parents or step guardians, for instance, have to face distinct legal doctrines. The statutes observed in different states have imposed several obligations on the step-parents. Despite the complex circumstances, emancipation rightfully terminated all these statues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5rRkzbZ7","properties":{"formattedCitation":"({\\i{}Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania})","plainCitation":"(Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania)","noteIndex":0},"citationItems":[{"id":1843,"uris":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"itemData":{"id":1843,"type":"webpage","title":"Emancipation of Minors | Emancipation of Minors | PALawHELP.org - Your Online Guide to Legal Information and Legal Services in Pennsylvania","URL":"https://www.palawhelp.org/resource/emancipation-of-minors","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania). There exist legal constraints which must be observed by children to enter be liable for the acquisition of emancipation in true letter and spirits.

In addition, the sanction of emancipation is often a daunting task. The narrowness and subjectivity of the best interest cause the complexity in its nature. A wide range of cases pertains to the grant of emancipation because of either being a victim of abuse or being dissatisfied with the rules and roles of parents and guardians ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"03l4ii22","properties":{"formattedCitation":"({\\i{}Child Emancipation | Children\\uc0\\u8217{}s Rights Council})","plainCitation":"(Child Emancipation | Children’s Rights Council)","noteIndex":0},"citationItems":[{"id":1847,"uris":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"itemData":{"id":1847,"type":"post-weblog","title":"Child Emancipation | Children's Rights Council","URL":"https://www.crckids.org/child-support/child-emancipation/","language":"en-US","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Child Emancipation | Children’s Rights Council). All these instances reflect the significance of critical elements. The ramifications of the emancipation of the minor contribute towards the establishment of their life. In other words, an immature child steps into adult life to profoundly confront the adversities of life. Such sublime is the manifestation of the emancipation of the children under 18. It essentially empowers the children to become independent and start a new life. The following criterion is necessary to observe for the acquisition of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OfvqgmGW","properties":{"formattedCitation":"(Miller et al.)","plainCitation":"(Miller et al.)","noteIndex":0},"citationItems":[{"id":1853,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"itemData":{"id":1853,"type":"book","title":"Emancipation of Minors","publisher":"VDM Publishing","URL":"https://books.google.com.pk/books?id=xP9RYgEACAAJ","ISBN":"978-613-3-87980-5","author":[{"family":"Miller","given":"F. P."},{"family":"Vandome","given":"A. F."},{"family":"John","given":"M. B."}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Miller et al.). The minor ought to be at least sixteen years old, a resident of the state and other aspects are considered by the judge.

Moreover, it is noteworthy to present a critical appraisal of the subject. There are potential reasons that urge a young person to seek emancipation. At times, the minor is wealthy and requires emancipation solely for the purpose of the tax and financial implications ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"IPzHpddJ","properties":{"formattedCitation":"(Staff)","plainCitation":"(Staff)","noteIndex":0},"citationItems":[{"id":1851,"uris":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"itemData":{"id":1851,"type":"webpage","title":"Emancipation of Minors","container-title":"LII / Legal Information Institute","abstract":"All states have laws dealing with the \"emancipation\" of minors; that is, laws that specify when and under what conditions children become independent of their parents for important legal purposes. A complete reference to statutory provisions for all 50 states, pertaining to termination of parental rights, age of majority or emancipation itself, can be found in the [[wex:table_emancipation|LII State Law pages]].","URL":"https://www.law.cornell.edu/wex/emancipation_of_minors","language":"en","author":[{"family":"Staff","given":"L. I. I."}],"issued":{"date-parts":[["2007",8,6]]},"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Staff). Some young people are emotionally or physically abused. Thus, they desire to get alienated from their parents, guardians or home. Emancipation is one of the primary ventures among other options which are also exercised by the government. It also enhances the significance of the practice and occurrence of the emancipation of the minor in comparison to the other procedures. The emancipation of minors also obligates the children to assume several responsibilities in the society. It completely changes the outlook of their life. To conclude, the emancipation of minors is a significant legal matter that casts prominent impact in their life. It is not only an imperative legal process but also necessitates the young emancipated persons to perform several duties.

Works Cited

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Child Emancipation | Children’s Rights Council. https://www.crckids.org/child-support/child-emancipation/. Accessed 4 Jan. 2019.

Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania. https://www.palawhelp.org/resource/emancipation-of-minors. Accessed 4 Jan. 2019.

Interactive, Proof. Family Law Self-Help Center - Emancipation of a Minor. http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor. Accessed 4 Jan. 2019.

Miller, F. P., et al. Emancipation of Minors. VDM Publishing, 2010.

Staff, L. I. I. “Emancipation of Minors.” LII / Legal Information Institute, 6 Aug. 2007, https://www.law.cornell.edu/wex/emancipation_of_minors.

Subject: Law and International Law

Pages: 2 Words: 600

Emancipation Of Minors

Destiny Lopez

Name of Professor

Name of Class

13 January 2019

Outline

I. Introduction

a. Manifestations of Emancipation

b. Thesis Statement: If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.

II. The significance of Emancipation of the Minor

Ambiguities in the presence of step-parents or guardians

Comparing emancipated children’s rights over non-emancipated children

Legal Constraints for Children

Common Reasons for seeking emancipation

III. Empowerment of the Children as an Adult

a. Independence

i. Liberty to exercise will

ii. Freedom from abuse and acquisition of responsibility

iii. Contractual Obligations

b. Legal responsibilities

IV. Conclusion

Emancipation is one of the primary ventures among other options which are also exercised by the government. The emancipation of minors is a significant legal matter that casts prominent impact in their life.

Emancipation of Minors

Children under 18 are essentially deemed incompetent to enter to proceed with critical legal and personal affairs. It is a universal truth. However, law and judicial system also recognize the aspect which is manifested in the emancipation of minors. Emancipation has the potential to override these assumptions. The emancipated child is privileged and permitted to make a certain decision without the intervention or mandatory consent of the parents. In literal terms, it is a legal framework that allows the minor to become independent from the supervision of guardians or parents. The parents are also relieved from the responsibility of looking after their children. It is a legal framework of paramount significance. If parents fail to meet the needs of children, the children ought to be empowered to enter into legal contracts and fulfill the fundamental needs.

To begin with, the emancipation of the minors appears as a trivial matter. The manifestation of the matter becomes complex in specific circumstances. There exist several intricate cases where ambiguity dominates the efficiency, applicability, and consequences of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Azf1kFbM","properties":{"formattedCitation":"(Interactive)","plainCitation":"(Interactive)","noteIndex":0},"citationItems":[{"id":1841,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R3F7VI9A"],"itemData":{"id":1841,"type":"webpage","title":"Family Law Self-Help Center - Emancipation of a Minor","abstract":"The Family Law Self Help Center's mission is to increase informed access to the legal system by providing education, information, legal forms, community referrals, and other support services to self-represented parties with family law matters in Clark County, Nevada.","URL":"http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor","language":"en","author":[{"family":"Interactive","given":"Proof"}],"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Interactive). The process of Emancipation itself is a court procedure that involves allotting minors or teenagers legal independence from their guardians or parents, and subsequently awarded civil rights typical to that of adults except in cases prescribed by emancipation laws. These exceptions can vary from state to state and may involve rights such as being able to consume alcohol or vote. Step parents or step guardians, for instance, have to face distinct legal doctrines. The statutes observed in different states have imposed several obligations on the step-parents. Despite the complex circumstances, emancipation rightfully terminated all these statues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5rRkzbZ7","properties":{"formattedCitation":"({\\i{}Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania})","plainCitation":"(Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania)","noteIndex":0},"citationItems":[{"id":1843,"uris":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/G9D5UJ7Y"],"itemData":{"id":1843,"type":"webpage","title":"Emancipation of Minors | Emancipation of Minors | PALawHELP.org - Your Online Guide to Legal Information and Legal Services in Pennsylvania","URL":"https://www.palawhelp.org/resource/emancipation-of-minors","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania). There exist legal constraints which must be observed by children to enter be liable for the acquisition of emancipation in true letter and spirits.

Legal guardians or parents are legally responsible for their children that have still to reach the age of maturity. The age of maturity can vary among states but is typically 18-19. Until that age, parents are required to provide food, shelter, and clothing, and decide which school their children will go to, where they will live and opt for the medical care they need. However, in the case of emancipation, the child's guardian or parent does not have the authority to make these decisions for the child. An emancipated minor is given the right to retain any earnings they may have, make the decision regarding where to live or what kind of medical treatment to receive CITATION Vic10 \l 1033 (Bowden and Greenberg). Additionally, many of these rights can vary among states, but rights common to most states involve the right to enter into contracts that are legally binding, such as apartment rentals, real estate purchases, enrollment into school, applications for work permit, ability to be sued or sue, choices with regards to birth control or abortion. Furthermore, states place certain constraints on these given rights, which may include constraints on the right to quit school, marry without parental consent, obtain a driver’s license, purchase or drink alcohol or to vote.

In addition, the sanction of emancipation is often a daunting task. The narrowness and subjectivity of the best interest cause the complexity in its nature. A wide range of cases pertains to the grant of emancipation because of either being a victim of abuse or being dissatisfied with the rules and roles of parents and guardians ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"03l4ii22","properties":{"formattedCitation":"({\\i{}Child Emancipation | Children\\uc0\\u8217{}s Rights Council})","plainCitation":"(Child Emancipation | Children’s Rights Council)","noteIndex":0},"citationItems":[{"id":1847,"uris":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/PTA9SMEQ"],"itemData":{"id":1847,"type":"post-weblog","title":"Child Emancipation | Children's Rights Council","URL":"https://www.crckids.org/child-support/child-emancipation/","language":"en-US","accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Child Emancipation | Children’s Rights Council). All these instances reflect the significance of critical elements. The ramifications of the emancipation of the minor contribute towards the establishment of their life. In other words, an immature child steps into adult life to profoundly confront the adversities of life. Such sublime is the manifestation of the emancipation of the children under 18. It essentially empowers the children to become independent and start a new life. The following criterion is necessary to observe for the acquisition of emancipation ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OfvqgmGW","properties":{"formattedCitation":"(Miller et al.)","plainCitation":"(Miller et al.)","noteIndex":0},"citationItems":[{"id":1853,"uris":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/R9LCH7YB"],"itemData":{"id":1853,"type":"book","title":"Emancipation of Minors","publisher":"VDM Publishing","URL":"https://books.google.com.pk/books?id=xP9RYgEACAAJ","ISBN":"978-613-3-87980-5","author":[{"family":"Miller","given":"F. P."},{"family":"Vandome","given":"A. F."},{"family":"John","given":"M. B."}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Miller et al.). The minor ought to be at least sixteen years old, a resident of the state and other aspects are considered by the judge.

Among the most common reasons for emancipating children is child abuse; however, there are a range of other aims and motives for children to attain adult rights and responsibilities. Among those reasons is to allow children to work longer hours. For instance, producers and directors employ child actors who require to be present for extended periods of time, but child labor laws prevent them from doing so. Some minors may wish to work for high salary jobs that may involve heavier workloads, and to retain their income from work. Another reason is parental separation or relationship issues that may be affecting the lives of their children. Thus, minors can seek emancipation instead of being part of prolonged custody battles, which may help settle the proceedings. Emancipation may also be justified by minors if they wish to marry before the age of 18. Although the age of consent too varies among states, but there are certain laws within each state that have laws regarding statutory rape and restrictions in marriage to a minor by a person of a certain older age. Thus, emancipation will allow minors to bypass these restrictions and enter into a civil partnership with the other person. Furthermore, a minor who is enrolled in military service may seek emancipation in order to fulfill the requirements of service. Other reasons for emancipation include abandonment of parents' homes if they are not physically or financially caring, abusing the minor or his or her siblings, left home, or unable to fulfill their parental obligations. Economic independence is yet another prominent reason for minors to seek emancipation as it would allow them to retain their income. This occurs in cases when minors earn more than their parents or express concern about misuse or mismanagement of their earnings by the parent.

Moreover, it is noteworthy to present a critical appraisal of the subject. There are potential reasons that urge a young person to seek emancipation. At times, the minor is wealthy and requires emancipation solely for the purpose of the tax and financial implications ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"IPzHpddJ","properties":{"formattedCitation":"(Staff)","plainCitation":"(Staff)","noteIndex":0},"citationItems":[{"id":1851,"uris":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"uri":["http://zotero.org/users/local/H8YOvGFC/items/9XS9VKE4"],"itemData":{"id":1851,"type":"webpage","title":"Emancipation of Minors","container-title":"LII / Legal Information Institute","abstract":"All states have laws dealing with the \"emancipation\" of minors; that is, laws that specify when and under what conditions children become independent of their parents for important legal purposes. A complete reference to statutory provisions for all 50 states, pertaining to termination of parental rights, age of majority or emancipation itself, can be found in the [[wex:table_emancipation|LII State Law pages]].","URL":"https://www.law.cornell.edu/wex/emancipation_of_minors","language":"en","author":[{"family":"Staff","given":"L. I. I."}],"issued":{"date-parts":[["2007",8,6]]},"accessed":{"date-parts":[["2019",1,4]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Staff). Some young people are emotionally or physically abused. Thus, they desire to get alienated from their parents, guardians or home. Emancipation is one of the primary ventures among other options which are also exercised by the government. It also enhances the significance of the practice and occurrence of the emancipation of the minor in comparison to the other procedures. The emancipation of minors also obligates the children to assume several responsibilities in the society. It completely changes the outlook of their life.

In most states, minors are protected by law from contractual obligations, unless they are emancipated or if they have a certain liability under tort law. In tort, minors have liabilities except in the case that the activity which violates tort laws are not related to some contractual enforcement. Conversely, minors hold the same adult rights and responsibilities, under tort or otherwise, if they are emancipated. In law, the act of emancipation is understood to be freeing a person from the bounds or controls of another. When minors legally get married after they have crossed the age of 18, they are considered emancipated from their parents, or if they are serving on active duty within the United States armed forces. Parents thus do not have control over the affairs of their children when they are emancipated and thus, by law, are also not legally mandated to pay for any damages under tort if their minor causes harm to someone else’s properties (Miller).

The rights that minors attain from emancipation also come with legal responsibilities. Any minor who has been emancipated will hence be liable for contractual obligations should they be breached after entering into them with another party, with no regard to the consideration that they were out of necessity or not. Many states allow emancipation to minors upon marriage but dictate certain restrictions and requirements that they have to comply with in order to do so. A court approval or parental consent is thus needed at a certain age for minors seeking emancipation through marriage. For instance, the state of California dictates that a minor must be accompanied by a legal guardian or parent, be 14 years old at least, and appear before a court of law CITATION Kat19 \l 1033 (Michon). However, in certain cases, parents are still required by law to continue financially supporting their children or adult offspring through payments. There could be different reasons that a court may order so despite the fact that the child has attained emancipation. For instance, a divorce agreement between the parents that includes clauses and terms mandating one or both parents to financially support their child for a certain time period after adulthood, that the court may accept and order the obligation to be subsequently fulfilled, in spite of the minor being already emancipated CITATION Deb18 \l 1033 (Washington). If an adult child has special needs that prevent them from taking adequate care of themselves, then a court may also order parents to financially or physically support their children.

To conclude, the emancipation of minors is a significant legal matter that casts prominent impact in their life. It is not only an imperative legal process but also necessitates the young emancipated persons to perform several duties.

Works Cited

Bowden, Vicky R and Cindy Smith Greenberg. Children and their families : the continuum of care. 2nd. Philadelphia: Lippincott Williams & Wilkins, 2010.

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Child Emancipation | Children’s Rights Council. https://www.crckids.org/child-support/child-emancipation/. Accessed 4 Jan. 2019.

Emancipation of Minors | Emancipation of Minors | PALawHELP.Org - Your Online Guide to Legal Information and Legal Services in Pennsylvania. https://www.palawhelp.org/resource/emancipation-of-minors. Accessed 4 Jan. 2019.

Interactive, Proof. Family Law Self-Help Center - Emancipation of a Minor. http://www.familylawselfhelpcenter.org/self-help/other-topics/emancipation-of-a-minor. Accessed 4 Jan. 2019.

Michon, Kathleen. Emancipation of Minors The ins and outs of minor emancipation -- what it means and how it can be obtained. 2019. 13 January 2019. <https://www.nolo.com/legal-encyclopedia/emancipation-of-minors-32237.html>.

Miller, F. P., et al. Emancipation of Minors. VDM Publishing, 2010.

Staff, L. I. I. “Emancipation of Minors.” LII / Legal Information Institute, 6 Aug. 2007, https://www.law.cornell.edu/wex/emancipation_of_minors.

Washington, Debrina. Emancipation and Child Support. 11 July 2018. 13 January 2019. <https://www.verywellfamily.com/emancipation-and-child-support-payments-2997977>.

Subject: Law and International Law

Pages: 3 Words: 900

Employment Law And Practice LM7012M - 01

Employment Legislation in Sri Lanka

Comparison with Germany

Student’s Name

Professor’s Name

Subject

University

Date

Table of Contents

TOC \o "1-3" \h \z \u 1. Introduction PAGEREF _Toc414063034 \h 3

2. Employee Representation and Trade Unions PAGEREF _Toc414063035 \h 4

3. Workmen’s Compensation PAGEREF _Toc414063036 \h 4

4. Employment and Termination of Employees PAGEREF _Toc414063037 \h 4

5. Minimum Wage PAGEREF _Toc414063038 \h 5

6. Discrimination and Harassment PAGEREF _Toc414063039 \h 6

7. Concluding Remarks PAGEREF _Toc414063040 \h 7

Bibliography PAGEREF _Toc414063041 \h 8

1. Introduction

Sri Lanka is a socialist country. It means, in lay terms, that the country must happen to be a nightmare for the employers and a paradise for the workers. Approximately, thirty pieces of legislation are applied on the workers covering every aspect of their work from the minimum wage to the cubic space an employee is entitled to in an organization. Despite this entire glorious outlook of the picture, an alarming number of employees in Sri Lanka especially the ones working in the top notch private companies do not enjoy the privileges due to the fact that they remain completely unaware of their Legislative rights.

The contract of employment in Sri Lanka is just like any other agreement. It is legally binding between both parties, i.e., the employer and the employee. However, the contract does not necessarily be in writing form. It means that an employee-employer relationship can also be started even without an employment contract. As a matter of fact, most of the clauses provided in a typical employment contract do not apply on the work relationship of the contracting parties in the country. For instance, the termination clause is often made part of an employment contract, which states that either party can terminate the contract between the parties by giving a one-month notice. However, the situation is different. The employer in Sri Lanka is not allowed to terminate his employee by just giving a notice.

This assignment discusses this termination clause and several other important areas of an employment contract made between the employer and employee in the country in the light of the applicable legislation. Primarily, this assignment discusses the employee representation and the role of trade unions in this regard. It later moves to the idea of workmen’s compensation in the country. Next, it discusses the termination of employment in detail. Lastly, it provides detail analysis on laws concerning minimum wage and discrimination and harassment at workplace. For the purpose of evaluation the position of the current employment laws in the country on the said five areas, this assignment draws a respective comparative analysis with Germany, a European jurisdiction. The German labor and employment laws extensively regulate the relationship between the employers and employees in the country.

2. Employee Representation and Trade Unions

After the introduction of the Industrial Dispute Act in Sri Lanka in 1951, the country has successfully been addressing the issues concerning the functioning of labor courts, labor tribunals, labor arbitration, collective bargaining, termination of service of employees, and other issues arising out of industrial disputes. However, this Act does not cover the public sector of the country.

In Germany, a formal system governing the relationship of the employees and employers exists. There are a significant number of statutes in this regard such as the Working Time Act, the Minimum Wage Act, and the Civil Code. However, despite all of this, an institutionalized system recognizing trade unions is lacking in the country. For this reason, the country also lacks actual ability of negotiating agreements of collective bargaining. The parties have to go to courts for this fact. The labor courts also handle the hear-related issues between the contracting parties and co-determination issues. Work councils, under the law, are available in the country but they are not trade unions. These work councils maintain certain co-determination and participation rights in companies.

3. Workmen’s Compensation

In Sri Lanka, Workmen’s Compensation Ordinance plays a foremost role in deciding the situation concerning injuries occurred to employees during work. This Ordinance covers all workmen including employees working under written or implied contracts, employees paid on daily, weekly, or monthly basis, employees in private or government businesses, employees working on probationary, permanent or temporary basis, and laborers, trainees, clerks, and executives. However, the following parties are excluded, i.e., employees facing injuries not resulting in deaths due to disregarding or willful removal of any safety guard or device, willful disobedience, or under the influence of drugs or liquor, employees facing minor accidents (that would keep them in bed for three days only), members of the Sri Lankan police force, and army forces of the country.

The German workmen’s compensation laws are the first of their kind in the European Jurisdiction. Every employee is a member of a related workers compensation institute. Moreover, the country allows the self-employed people to voluntarily become a member of such institutes. The key strategies of these institutions include upgraded vocational qualifications and vocation training for approximately ninety-percent return-to-work rate. Additionally, the country covers all types of injuries at workplace including sixty-seven types of vocational diseases. The employers fund the compensation programs.

4. Employment and Termination of Employees

In Sri Lanka, employment contracts are renewed on annual basis. However, if an agreement is continually being renewed for three years, the employee is considered a permanent employee of the company. It means that such an employee does not need to renew his agreement every year and he can continue working at the organization even after expiration of his contract.

Termination of contract is a tricky matter in the country. As pointed out in the beginning of the discussion, the termination clause is often made part of an employment contract, which states that either party can terminate the contract between the parties by giving a one-month notice. But, the situation is different. The employer in Sri Lanka is not allowed to terminate his employee by just giving a notice. However, this situation is subject to termination due to non-disciplinary actions. The Termination of Employment Act of Sri Lanka (1971) states that no employee in the country can be terminated without his consent or by application to the Commissioner of Labor. However, this situation is subject to probation period, i.e., any employee in the probation period can be terminated without any specific reason. If the Commissioner approves of such a termination then the employee is entitled to compensation. The amount of compensation is decided by the number of years the employee has serviced the organization. For this reason, the notion of termination notice period in employment contract in Sri Lanka is invalid. Moreover, employees cannot be asked to resign from their employment. Also, they enjoy the privilege of challenging every termination for disciplinary reasons in the labor tribunals of the country.

In Germany, the employers are allowed, under the Employment Protection Act, to terminate the contract for personal, conduct-related or business reasons. However, this Act is only applicable to the companies possessing ten or more employees and the employee must have completed continuous employment of at least six months in the company. If these conditions are not met then the employer has the discretion to terminate the employment contract by giving the one-month notice to the employee. Moreover, immediate termination is also an option for the employees in Germany. It becomes available in cases of serious misconduct (non-authorized competitive engagement, disclosure of sensitive information, theft, disturbance of general working environment, and continued non-performance of agreed work) such that continuation of the contract becomes unacceptable for either of the contracting parties. The condition of termination notice period does not apply to this situation. Moreover, employees can also terminate the employment contract on serious misconduct of the employer, i.e., unlawful working and non-payment of wages.

5. Minimum Wage

Recently the Sri Lankan government has introduced the National Minimum Wage Act (2016) and Budgetary Relief Allowance Act (2016). The National Act requires the employers to keep a register of the wages they pay to their employees. Moreover, this Act requires the Commissioner General of Labor (in his capacity of competent authority) to enter and inspect any workplace any time to investigate that if the employers have been keeping up with the requirements of the National Act. If the Commissioner finds any employer in breach of his duty, he is obliged to take any necessary actions.

The Budgetary Relief Allowance Act requires the employers to pay Allowance to their employers on annual basis. The allowance can be paid in any form such as Employee Trust Fund of Sri Lanka and the Sri Lankan social security scheme, i.e., the Employee Provident Fund. If any of the workers has a monthly salary of less than LKR 40,000, his employer is obliged to give him an allowance of LKR 2500. The allowance can be paid in two installments of equal amounts. If the employee earns a monthly salary of more than LKR 40,000 but less than LKR 41,500 then the employer is obliged to pay an allowance equals the difference between LKR 41,500 and the wage earned. However, workers are employed by any religious institution for worship purposes, any charitable institution or covered by a collective agreement do not receive such an allowance.

Although the minimum wage laws have exited in various European countries from the beginning, Germany has recently started the same footsteps. The country passed the Minimum Wage Act in 2014. This Act provides statutory obligations concerning the minimum wages in the country. Before the application of this Act in Germany, the country heavily relied on business groups and trade unions for setting the minimum wages.

This Act is applied to all workers, i.e., approximately four million people aged eighteen or above. No distinction between the white-collar workers and blue-collar workers is made in this regard. However, some internships, trainees and self-employed people fall under the category of exception to this law. Moreover, the fact that if a person is an employee or a freelancer is determined by the authorities and courts on the grounds of several factors. The most important of these factors is the element of dependency in work, i.e., to which degree the employee is dependent on his employer for the performance of his work. Primarily, if an employee is integrated into an organization and is thus subject to the instructions of the employer, he will not be considered a freelancer because they are allowed to maintain the content, time and place of their work.

6. Discrimination and Harassment

As a matter of fact, Sri Lankan laws do not expressly talk about the issue of discrimination at workplace. However, in practice, international companies operating in the country and more established national organizations develop and implement internal guidelines and policies concerning discrimination at workplace, whistleblowing, codes of conduct, and equal opportunities.

In 1995, the first formal step towards harassment at workplace was taken in Sri Lanka and sexual harassment was entered as an offence in the country’s Penal Code. As per the Code, any person guilty of sexual harassment will be punished with any of the following:

Imprisonment for up to five years (with or without hard labor)

Fine of up to LKR 1 million

A combination of both

A compensation amount decided by the court to be paid to the victim (a Magistrate can order up to LKR 100,000 in compensation)

If a sexual harassment claim comes up at any workplace, the employer is obliged under the law to investigate the matter. If proven through credible evidence, the employer must take appropriate disciplinary action. Additionally, the victim has the choice of filing a complaint to the Police Station under the Penal Code of the country against the offender. However, the victim remains responsible to provide credible evidence suggesting commission of such a crime to the courts.

When it comes to sexual harassment at workplace, the laws in Germany are quite strong. The country introduced the General Equal Treatment Act in 2006. This Act provides considerable rights to the employees regardless of their gender and clearly states what unwelcome sexual advancements at workplace constitute. Beyond the serious and obvious cases of physical assault, according to law, sexual harassment at workplace means include the acts of displaying of pornographic materials, sexist jokes, sexual comments, lewd looks, leering, and unwanted physical contacts. Moreover, the employers, under the law, are obliged to carefully investigate any claim brought forward at a workplace concerning sexual harassment.

However, some legal gaps still prevail in the German laws concerning unwelcome sexual advancements at workplace. Firstly, the victim has to bring forward the claim within two months of it taking place. Some of the critics in the country have suggested increasing the time limit to six months primarily due to the fact that victims often take time in coming out of the trauma and filing a complaint. Another gap in German laws in this regard is the fact that the law although protects the people working in a university but provides no protection to the students studying at the university and getting harassed by the workers there.

7. Concluding Remarks

The contract of employment in Sri Lanka is just like any other agreement. It is legally binding between both parties, i.e., the employer and the employee. Approximately, thirty pieces of legislation are applied on the workers covering every aspect of their work from the minimum wage to the cubic space an employee is entitled to in an organization. This assignment drew a respective comparative analysis with Germany, a European jurisdiction. The German labor and employment laws extensively regulate the relationship between the employers and employees in the country.

In the area of employee representation and trade unions, this assignment finds that the Industrial Dispute Act in Sri Lanka has been used for addressing the issues concerning the functioning of labor courts, labor tribunals, labor arbitration, collective bargaining, termination of service of employees, and other issues arising out of industrial disputes in the country but this Act does not cover the public sector of the country. On the other hand of discussion, a formal system governing the relationship of the employees and employers exists in Germany but an institutionalized system recognizing trade unions is lacking.

In the area of workmen’s compensation, Workmen’s Compensation Ordinance plays a foremost role in deciding the situation concerning injuries occurred to employees during work in Sri Lanka. However, in Germany, every employee is a member of a related workers compensation institute. Moreover, the country allows the self-employed people to voluntarily become a member of such institutes.

The Termination of Employment Act of Sri Lanka (1971) states that no employee in the country can be terminated without his consent or by application to the Commissioner of Labor. However, this situation is subject to probation period. In Germany, the employers are allowed, under the Employment Protection Act, to terminate the contract for personal, conduct-related or business reasons.

In Sri Lanka, the National Act requires the employers to keep a register of the wages they pay to their employees and Budgetary Relief Allowance Act requires the employers to pay Allowance to their employers on annual basis whereas Germany passed the Minimum Wage Act only in 2014.

In 1995, the first formal step towards harassment at workplace was taken in Sri Lanka and sexual harassment was entered as an offence in the country’s Penal Code whereas Germany introduced the General Equal Treatment Act in 2006. This Act provides considerable rights to the employees regardless of their gender and clearly states what unwelcome sexual advancements at workplace constitute.

Bibliography

The General Act on Equal Treatment, Germany 2006

The German Employment Protection Act (Kündigungsschutzgesetz) 

The Industrial Disputes Act of Sri Lanka 1950

The Minimum Wage Act of Germany (Mindestlohngesetz, MiLoG) 2014

The Penal Code of Sri Lanka (Ordinance No. 2 of 1883)

The Sri Lankan Budgetary Relief Allowance of Workers Act No. 4 of 2016

The Sri Lankan National Minimum Wage of Workers Act No. 3 of 2016 

The Termination of Employment of Workmen (Special Provisions) Act of Sri Lanka, No. 45 of 1971

The Workmen's Compensation Ordinance of 1935 of Sri Lanka

Subject: Law and International Law

Pages: 8 Words: 2400

Enphasis On Legal Issues

Name of Student

Professor

Course

Date

Law and International Law

The case is about the plaintiff Yarde Metals vs the defendant who is New England Patriots. Yarde Metals, Inc is a Connecticut business. They received a letter from New England Patriots, a Delaware Limited Partnership which maintains business principles in Boston, recommending accounts' season ticket privileges be dismissed. Patriots claimed an individual by name Mikael LaCroix bearing, Yarde’s ticket , was thrown out of Gillette Stadium from throwing bottles on October 13, 2002.

Summarizing the facts

Yearde have maintained principled six –seats package season tickets from Patriots for 20 years and contractual right to renew the contract

A ticket went for $99 and totaled to $5,940 for the year 2002. Yarde had already made some months payments at the beginning of the season.

Mr.La Croix dismissed the misconduct claims of throwing bottles at the stadium. The only claims being Mr.La Croix had used Women’s Washroom after management had failed to provide enough restrooms

Patriots defending claims

The tickets are revocable and Patriots have the right to revoke the tickets anytime for any reasons.

Patriot have rights to reject or eject any ticket holder who fails to conform with the terms

The purchase does not have an automatic renewal of subsequent years purchase.

Setting forth the legal issues

Count 1 aimed to impose liability on the Patriots for breaching its "contractual right to renew of its season tickets.

Count II aimed to impose liability on the Patriots from contradicting the expectancy of the plaintiff Yarde which the Patriots had created.

Court analysis and ruling

After considering the verified complaints, inclusive of exhibits and affidavits submitted by both parties and their respective memoranda of law, on count 1 the court ruled out opportunity transfer assets is on Patriots estate.

On count II court denied the plaintiff’s application to command the defendant to provide the plaintiff tickets package for the six seasons.

My opinion

The court should not deprive the Yarde's tickets just because of single misconduct of a single guest which even is not proved.

Subject: Law and International Law

Pages: 1 Words: 300

Environmental Crimes

Student’s Name

Instructor’s Name

Course Code

Date

Environmental Crimes

The court found that Packer Company, Inc., and Tisbury Towing and Transportation Co violated the environmental act. It is pointed that Packer Company, Inc., and Tisbury Towing and Transportation Co failed to inspect, document, and report its operations. The company was accused of failing to ensure that there is no leakage from the equipment. The companies, which operate along the beach, left the pipes without getting them tightened properly, and therefore, there was a leakage gas to the water. It is also pointed out that the company fails to inspect and document its operations and this leads to the corrosions which result in the leakages of the pipe. The gasoline vapors which were left loose and eventually leaked to water are very dangerous air pollutant like benzene. The gas could cause serious health-related problems and therefore, it was illegal for the company to leave the pipe without ensuring that the pipes are properly maintained and no leakages could be experienced.

It was an environmental crime because under the Clean Air Act and Clean Water Act no company should allow gas to evaporate into the water. Therefore, by failing to tight their pipes and provide proper maintenance to ensure that there is no leakage. It means that the company violated the Environmental Act and failing to comply with environmental law is illegal. It is also important to point out that the environmental law requires that all gases and other waster products should be properly disposed and any disposal without proper observing the law is illegal. It is therefore, evident that the actions by the two companies were illegal and regarded as environmental crime. Therefore, they were charged for violating the federal environmental acts and clean air and water act.

Works cited

https://www.epa.gov/newsreleases/court-orders-two-massachusetts-companies-comply-environmental-laws-and-pay-13-million

Subject: Law and International Law

Pages: 1 Words: 300

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