Abstract

Children who have committed crimes should not be treated as criminals and bare the whole responsibility for their actions .Instead, a system that can manage their cases should be put in place to see that their behavior is rectified. This is the argument that has given rise to children first, offenders’ second. The CFOS is based on prevention, diversion and intervention. It seeks to reduce child committed crimes through proper judicial procedures that are inclusive and treats the children fairly. Children have not matured emotionally and mentally therefore they are disconnected to the consequence of their actions.it would be unfair to treat them the same way as an adult. Almost all the reasons that cause a child to commit a crime are not accommodated in the YJS therefore the need for children first, offends second (Haines, & Case, P 67,2015).

Introduction

Children first, offenders second is used to create a new perspective on how the society looks at the youth justice system. It seeks to change how children who have committed crime are treated. The CFOS aims at enabling the society to reduce crimes rates associated with children and at the same time make them more responsible and productive .CFOS will creates a child friendly legal system that corrects children rather than seeing them as criminals who need punishment. It also comes up with preventive approaches to crimes that in turn promotes good, acceptable behavior in the society. When children who have committed crimes are held to account for their actions and their psychological and social behaviors are not corrected, they are bound to repeat the same crimes they committed in the future. The CFOS seeks to reduce crimes committed by children .CFOS therefore shows the various approaches used to handle child cases and their effectiveness.

 Children first, offenders second is a very unique perspective to the youth justice system. Children should be treated as children first and not as criminals, their acts should be interpreted as a stage of growing up. In order for the CFOS to be successfully implemented in the youth justice system, there are three principles upon which it should be based on:

 Prevention

It advocates for good behavior, education and other basic needs that children require in order to survive and develop in the society. This principle depends on the environment that the adult people provide to the children. The environment should provide and design programs that offer children proper services such as consultations, the right to engage and participate in matters pertaining the cases that affect them directly and indirectly. This will allow children’s self-esteem to increase and create a free environment that can correct and improve the behavior of the children before it gets out of hand. A similar evaluation was carried out in Welsh where children were involved in decisions making in matters that affected them. The effectiveness of the exercise was more positive as unacceptable behavior dropped among the children within the youth justice system. (Haines, & Case, 2015, P 67).

 Diversion

This principle tries to find a way of incorporating laws that supports better management of children. For example in Wales , they give priority to better management through the bureau model that is focused on the wellbeing of children and involves other parties such as the police , youth justice system workers, families and the children themselves. This ensure a CFOS is supported in every stage of the justice system. As result of using diversion, the legal process becomes holistic through the intervention of parties involved in making the decisions and consultations. The inclusion of every party gives judgments that are fair and morally upright (Haines, & Case, 2015, P 109).

 Intervention

This principle favors children. It advocated for policies, practices, parties, system designs and service delivery that supports the children and brings about fairness to them. Involvement  and dialogue in YJS have proved to be effective and a good way of ensuring the protection of children by preventing prejudgments and a system that is already against them .Involvement and dialogue also promotes a positive outcome. When a child is released from the youth justice system rather than exhibit an antisocial behavior that results from unfair treatment, he or she will be a well-behaved individual. For example in wales and England, intervention has promoted discretion among all parties and other specialists involved.

Role of leaders in government

One of the main roles of the central government is to devolve the functions of the YGS .This lessen the pressure off the central government. The responsibility will then spread to the local governments and its personnel. Devolvement will ensure that youths get access to the services offered by YJS. The quality of the services can be monitored by inspectorates at different intervals to ensure service delivery remains of good standard. Though some useful functions will still be performed by the central government such as ensuring funds are disbursed from the ministry of justice, the other functions can be devolved. Another role by the central government is to set the goals and objectives for the youth justice system. This will give direction to the legal framework within which the YJS is supposed to exist. Objectives also set the standards within which one can use to measure the effectiveness and efficiency of the goals set (Hopkins Burke, 2016 p199).

 Recommendations

The justice system should put in place measures that will see the cases of children prioritized to avoid wastage of time in court. Court summons should ensure presence of parents in courts. A parent’s absence should be only excused under very unavoidable circumstances such as terminal illness among others. Presence of parents will ensure that the child receives emotional support from his parents. The fee structure of the cases in the youth court should also be subjected to a review in order to improve their status by attracting more experienced professionals. Judges should be trained to deal with cases that involve children in a professional manner. Schools which cater for children who have committed crimes should be established in every institution and equipped with trained personnel that can help with behavioral change. (Review of the youth justice system in England and wales p 50)

 Conclusion

The justice system should be reformed in terms of policies. The changes will enable accommodation of laws that will see to it the fair treatment of children. Intervention, diversion and prevention are the three principles of children first, youth second. The government has a major part to play and this is through devolving services and funds in the ministry of justice to ensure that the youth system of justice is catered for.

REFERENCES

Haines, K., & Case, S. (2015). Positive youth justice: children first, offenders second.

Review of the Youth Justice System in England and Wales

Hopkins Burke, R. (2016). Young People, Crime and Justice. London: Taylor and Francis.

Economic impact of labor laws

 Introduction

 Basic economic theory perceive labor laws as having an exogenous meddling with market relations and foresees majorly negative effects on productivity and employment in a country. Labor laws can also bring about endogenous interference as its application and production are influenced at the sector and national level. The employments polices and labor laws adopted by governments have impacts on economic prosperity and job growth which can indicated by level of employment and the share of labor on national income. There is strong relationship between labor laws and employment policies, the competitiveness of a country’s workforce and the economic wellbeing of the country. This paper aims at looking into the economic effect of the adoption of labor laws and employment policies in a country.

 Literature review

 The relationship between growth of productivity and labor protection has been shown to have an impact on the labor market in an economy. Empirical evidence shows that strict employment protection normally has a significant negative impact on the flow of labor market and through this it prevents productivity growth.  Even if the workforce benefits through higher wages and improved careers after a re-allocation of larger labor market , longer periods of unemployment and/or small wages in  job positions obtained after displacement affect the displaced workers (Martin & Scarpetta, 2012).  If the unemployment periods are longer, they can bring about low worker productivity upon return to a working position while reduced wages leads to de-motivation. It would be better if employment protection reforms are accompanied by policies that offer safety net for individuals out of employment and services that would help them in resuming work (Martin & Scarpetta, 2012)). An increase in the quality of labor institutions and regulations of labor market leads to a negative effect on the extent of unemployment outcomes. A research that controlled various macro-economic and demographic variables such as regulations on hiring and firing and hiring costs indicated that the variables had the greatest effect on the outcomes of unemployment.  The way to minimize the unemployment level would be raise the workforce flexibility (Bernal-Verdugo, Furceri & Guillaume, 2012).

  Countries whose labor laws are more flexible are able to have more exports than others whose industries grapple with strict labor laws.  This can explain the need to outsource intermediate goods production to labor markers that are more flexible in industries with high volatility (Bernal-Verdugo, Furceri & Guillaume, 2012). Hence, flexibility is associated in labor laws is associated with higher economic growth. In markets where regulations on job security are enforced, the regulations serve as a hindrance to the process of creative destruction. The rigidity of employment protection laws has negative impact on the trade balance of a country and therefore, the economic growth (Muller & Berger, 2013).  On the other hand, if the labor law favors exports, they will allow for increased utilization of capacity and in turn improved allocation of resource in line with comparative advantage. Such labor laws would allow the country to exploits its economies of scale; lead to improved technologies while trying to respond to outside competition and this will allow for creation of jobs in countries whose labor is surplus.  Therefore, an increase in rigidity of employment legislation and protection will affect negatively the economic prosperity of the country. The reduction of workforce efficiency or competitiveness can be related to this strictness of employment protection since it has negative effects on the trade balance of a country and hence, economic growth. This also relates to the country’s foreign direct investment inflow and the country’s GDP (Deakin & Sarkar, 2008).  . The lack of competitiveness can also be related to high unemployment rates and unemployment duration with most people affected being young adults and females.

 At times, employment policies adopted by governments have gone out of balance and hence, placing unbearable weight on business which stifles innovation and having a chilling impacts on economic growth and jobs. Currently federal regulations and laws in United Sates govern almost all workforce issues relating to employment relationship, working conditions, hours, wages, discrimination and collective bargaining (Muller & Berger, 2013).  . Several states have also enacted their own statutes in addition to the federal standards which have led to a labor regulatory system that separate by overlapping. Other than overlapping, the policies leave an open door for more litigation.  There is a considerable cost related to excessive regulation as those states with strictest regulatory laws places the heaviest burden on businesses. The states are wasting an opportunity to minimize the rate of unemployment and even generation of new businesses as startups.  While this does not call for a total deregulation of the labor system , the strict labor policies and laws fails to attain the intended purpose , which is to provide employees welfare and employment opportunities for all.  The main job or aim of the federal and state government should be to lift the economy by making it more competitive and hence, creating more jobs. However, employment policies and labor laws that hinder the capacity of employees and businesses to negotiate and come up with efficient contracts leads to higher labor cost, increase unemployment and reduce productivity which slows down the economic growth.

 Regulations that puts limit on workers and employees’ flexibility to agree on employment terms have both positive and negative effects. To start with, the policies make it more expensive to higher workers which reduce the rate of hiring. Secondly, these policies reduce the employers’ ability and general economy to adopt an efficient response to structural and cyclical changes which in the long-term reduce the economic growth (Eisenach et. al 2011). Differences in international employment regulations have also be shown to have impacts on national economies’ relative rates of growth. In some states, the doctrine of employment contract “at will” have been eroded by juries and this has taken away the employers’ rights to fire or dismiss non-performing employees or incase of economic necessity (Eisenach et. al 2011). In European countries like Spain, previous research has hypothesized that the reason for high rates of unemployment after mid-1980s could be attributed to labor laws. The hypothesis is that, these laws prevented employers from dismissing workers but at the same time making the employers reluctant to hire new ones.  A consensus of the previous literature holds that eroding the doctrine of employment at will in such countries led to the high rate of unemployment (Eisenach et. al 2011). Evidence also suggests that adoption of exceptions of common-law to this doctrine is responsible for low growth rate of employment opportunities and employment levels.  The erosion of the doctrine has also contributed towards more hiring of contingent or temporary employees as employers try to avoid the high costs (Eisenach et. al 2011). In summary, there is enough evidence that regulations and laws which do away with the doctrine of employment-at –will results to considerable impact the kind and level of employment occurring in a given country.

In addition, labor laws do not only affect the unemployment, but also the share of labor on a country’s national income. Labor market is usually in a unique equilibrium before the policies and laws bring about intervention and this should be seen as interfering with the competitive processes, which in turn leads to distortion of market outcomes. Adoption of new labor regulations and laws can bring about short-time changes distribution and even employment, and the resulting effects are normally absorbed as employees and firms try to adjust to the new legal provisions (Deakin, Malmberg, & Sarkar, 2014). These effects would be the same as short-term shock. For instance, regulations that tightens the protection for working time can bring about short-term unemployment as companies adjust to the new legal environment by cutting down on labor. Over the medium –term to long-term, while employers are responding to more strict regulation through more investment in specified human-resource, the scenario may be reversed.  The protective labor regulations and laws leads to reduced amount of percentage of national income being allocated to wages (Deakin et. al2014).  This shows that labor laws have an effect on the share of national income in terms of allocation to profit or wages for workers.

Conclusion

Evaluation of the impact of labor laws on the economy can be done from the legal and economic points of view.  The hypothesis adopted by both is that labor laws have an effect on behavior of firms and employees with the larger percentage of the impacts being negative to the employee and the economy. While such laws are enacted to uphold fairness and one’s right at the workplace, over regulation hurts the creation of jobs and economic prosperity.

References

Martin, J., & Scarpetta, S. (2012). Setting it right: Employment protection, labour reallocation, and productivity, De Economist. 160(1).89-116

 Bernal-Verdugo, L., Furceri, D., & Guillaume, D. (2012). Labor market flexibility and

unemployment: New empirical evidence of static and dynamic effects. Comparative

Economic Studies, vol. 5, p.251-273. 

Muller , L., Berger, P., (2013).The Impact of a Country’s Employment Protection Legislation on its Economic Prosperity. International Journal of Humanities and Social Science.Vol.3 (12).

Eisenach, J. A., Bala, D. S., Howells, D., Lapp, R. B., Olson, C. A., & Passantino, A. J. (2011). The Impact of State Employment Policies on Job Growth: A 50-State Review. US Chamber of Commerce. https://www. uschamber. com/sites/default/files/legacy/reports/201103WFI_State-Book. pdf (accessed March 16, 2016).

Deakin, S., Malmberg, J., & Sarkar, P. (2014). How do labour laws affect unemployment and the labour share of national income? The experience of six OECD countries, 1970–2010. International Labour Review, 153(1), 1-27.

Deakin, S., & Sarkar, P. (2008). Assessing the long‐run economic impact of labour law systems: a theoretical reappraisal and analysis of new time series data. Industrial Relations Journal, 39(6), 453-487.

Homeless sex offenders

Abstract

The main aim of sex offender research in the past has not focused on the how residential restriction laws relate to homeliness of the sex abuse or assault perpetrators. Past studies have, however, found that the enactment of residential restriction laws and ordinances have had many barriers to reintegration of the offenders into the society.  Research on housing instability brought about by these laws indicate that all sex offenders find it difficult to find a house and their felony convictions makes them unable to find a job through which they would pay for rent. By addressing the issue of homelessness among the sex offenders including those who have been registered, various scholarly  research work has explored how the restrictive laws have lead to homelessness especially among the young sex offenders. The issues of homelessness is shown to have mostly affected the young offenders who still need the need of their parents and guardians especially in terms of finances since they have not developed enough to be independent. These studies have also explored the effects of homelessness among the sex offenders while trying to reintegrate them into the society where such a process has been found to face many barriers. In addition, the relationship between homelessness and rate of recidivism has also been addressed various research work, and there are clear indications to show that homelessness leads to increased cases of recidivism especially among the young sex offenders. This paper aims at looking into the issue of homeless sex offenders, a situation that is occasioned by enactment of residential restrictive laws, and how homelessness relates to recidivism. A discussion on the way forward is also included in the paper.

 Homeless sex offenders due to residential restrictive laws

The impacts of sexual assault and abuse on victims shows that effects of this kind of crime is usually brutal and even long lasting. Since many of the sexual assaults happens in the context of well established relationships which are the offenders manipulate over time, these victims can be confused. The perpetrators may also make them feel responsible and this makes the victim to experience barely unbearable trauma. On this account, the U.S congress passed a registration law on sex offender in 1994 with an aim of improving public safety by deterring the offenders from such crimes in future (Donaher, 2015). Other states laws followed which provided that communities have to be notified of these offenders residing on their jurisdictions. Over time, a number of states have enacted embarked on enacting some kind of residency restrictions which forbids sex assault perpetrators from living within a given distance of daycare centers, schools and other places that children normally congregate. Moreover , many municipalities , in states that have or have not enacted restriction statutes , have come up with some ordinances which forbids those convicted offenders from residing within given distances from places within the communities where children are normally found. In addition, some communities have prohibited the sex offenders who are registered from living near them, even if victim of their crime do not live there.  The effects of such laws have increased the isolation of the offenders in terms of financial stress which translate to increased homelessness (Rolfe, Tewksbury & Schroeder, 2016).

In the whole of United States, the residential restriction laws and other related ordinances results to a difficult time for sex offenders in finding housing. Different researches have confirmed that few housing options are available for sex offenders due to the restrictions placed on their places of residence. Moreover, research has shown that these restrictions do little in reducing cases of recidivism by the offenders (Rolfe, Tewksbury & Schroeder, 2016). In fact, by making it difficult for the offenders to find housing options, the restrictions are likely to unintentionally increase the chances of recidivism.  For there to be success in reintegration efforts, stable housing is one of the many precondition, but the enactment of restriction laws have resulted to a situation where securing stable housing for the offenders is next to impossible (Levenson, Ackerman, Socia, & Harris, 2015).  The continued efforts by various authorities to enact residence restriction laws for convicted rapist and pedophiles , and applying such laws is continuously exposing the offenders to housing instability and this has major effects on their lives especially in trying to reintegrate them into the community (Puls, 2016).  The housing restrictions and reduced housing options isolates the offenders further , and pushes them away from social support  and even jobs , and this increases the likelihood for them to abuse again.

The interference brought about by the residence restrictions on the social stability and social support for the majority of the registered sex offenders makes are a major part of the unintended consequences of these laws. Many of the sex offenders have reported transience due to housing restrictions, which also includes a lot of movements and homelessness. The 2,500 feet buffer zones lead to greater difficulties in finding housing. In addition, the registered offenders are forced to move for various reasons, which comprises of definition by probation officers of places where children frequents, errors in measuring the distances and ignorance of zoning laws that have been passed in the locality (Levenson & Cotter, 2005). Even though the offenders may have some housing solution in accordance with laws of a given state, their future movements due to any reason means that they have to adhere to other restrictions in places that they move. Even if some offenders in various researches may have indicated not having been affected by the restrictions laws, they may have to face such restrictions in future in other states (Levenson, Ackerman, Socia, & Harris, 2015).

 Therefore, a major unintended effect of the restriction is seen in the aforesaid research is that the lead to homelessness. For instance, a report carried out by California Sex Offender Management Board indicated that there was a 101 percent increase in cases of homeless registered offenders, a year after the enactment of restrictions across the whole state within the indicated 2000 feet of parks and schools (Levenson, 2016).  In majority of the cases, the offenders lack of shelter space for the homeless leaves them with little choice to rent houses or even live on the street. However, the registered sex offenders experience difficulties in finding payable work that would help them to have enough money to pay for such rent. The sex offenders cannot compete fairly against other applicants for the same positions given their convictions for sexual felony (Levenson, 2016).  Even the smallest businesses such as fast-food restaurants cannot employ them given that children are also customers in such places.  Even where they find jobs, they payments are not sufficient to cater for the inflated rents which further complicate their housing needs. Moreover, many landlords decline to renew the leases of sex offenders who may also find themselves in areas that are distant from employment hubs or other amenities such as health facilities for health disorder, agencies for social services and even public means of transportation (Levenson, 2016).

Research on sex offenders housing stability due to restrictive laws 

The graph shows that many sex offenders faced challenges in trying to find a house in the community. The high percentage of those unable to move home may indicate the case of homeless young sex offenders 

Homelessness as a risk factor for recidivism

Residence restrictions are more so detrimental to the younger sexual offenders’ in terms of housing stability. These younger sex offenders are likely to experience homelessness and transience, most likely because of the difficulties they encounter while trying to live in the same neighborhoods with their families especially close to places that children frequently gather (Levenson, University, & Hern, 2007).  Since many of the young offenders are still dependent on guardian pr parents psychologically and financially, the laws restricting housing can be very problematic for them. In addition, youth represent a major risk for sexual offences overall and general recidivism and lifestyle instability leads to an increase in this risk.  Since residence restrictions are normally related to the registration status of sex offenders, there is a likelihood of a growing housing crisis for a considerable number of sexual offenders in the youth category, especially those who have been prohibited from living in the same vicinity with families (Nieto & Jung, 2006). The young  adults are normally less prepared financially and developmentally to be independent ,and in fact ,  the trouble this group may face while trying to secure stable housing may have deep psychological effect on them.  There are higher chances for recidivism among young sex offenders, and this risk increases as result of lifestyle instability. Regardless of a growing popularity for housing regulations in many states, there are indications that these regulations provide little value in averting cases of recidivism (Levenson, 2008).

 In Indiana , for instance , as in many other states , housing restrictions on sex offenders are a bit comprehensive since rapist are included even though in some states like Illinois and Florida , these kind of regulations only relate to sex assault on minor victims (Levenson, University, & Hern,2007).  Since the state provides limitations on restricted areas to schools, it is likely that sex offenders residing in states that that have a larger number of forbidden areas encounter more disruption in housing stability. This information is obtained largely from the perception of sex offenders on housing restriction in preventing recidivism. The concern for the sex offenders’ perceptions on effect of homelessness is important, and even though they have committed heinous crimes with victims being greatly harmed, it is in the interest of the society to prevent the recurrence of such crimes. The aim is to provide protection for the public against dangerous criminals and it is important for the society to carry out a cost-benefit analysis on restrictions placed on housing the sex offenders (Levenson, University, & Hern, 2007). A major unintended effect of laws aim at zoning of the sex offenders how they separate them from society  including children and families , or how some families are forced to relocate which leads to financial and psychological hardship for the offenders and victim’s families.

 On the other hand, it is understandable why laws that seek to restrict housing of criminals are enacted. The authorities may foresee a situation where a family that is allowed to live with a sex offender may fear family disruption, so that parents or children may not prefer to report case of recidivism perpetrated by members of the household. The aim may prevent victims from seeking justice, therapeutic intervention and more importantly, their protection.  Such kind of concerns have been raised by Iowa County Attorney Association , where they noted that housing restrictions are normally imposed on families and victims after a reunification with sex offenders , which leads to unnecessary disruption such as community connections , continuity with studies and even spousal engagement (Levenson,  2016). Despite the well intended reasons for enacting restriction laws, the resulting homelessness among the sexual offenders can psychological affects which provide an environment for recidivism.  Moreover, psychosocial stressors emerging from homelessness due to residence restriction like instability and transience can present a challenge to the coping abilities of some these offenders and this has the potential to increase the recidivism risk (Levenson, & Cotter, 2005). Research has previously indicated that most of the recidivists undergo increased subjective distress and anger just before they commit an offense. The issue of homelessness is, therefore, a risk factor which can reduce the gains made in preventing sex offenses and reintegration efforts for the offenders. There is little evidence to show the housing restrictions for sex offenders makes the community any better or rather prevent the cases of recidivism in the community. The issue at hand is, therefore, whether the cost of these laws in terms of rendering the sex offenders homeless translates to increased public safety or whether they can enhance the reintegration of sexual offenders who are has completely reformed after being convicted.

Way forward

Evidence from research shows that housing instability lead to an increased risk for recidivism especially in relation to housing instability for sex offenders. There is a need for reducing homelessness among the sex offenders, which is a crucial step in improving public safety.  When offenders are allowed to live within the society such as with family members, there is less likelihood of recidivating but homeless and frequent movements may lead to future engagement of such crimes (Puls, 2016). This implies that life circumstances and situational context of sex offenders are essential aspects influencing the possibility of reoffending.  While the restrictive laws may appear to be common sense, by keeping sex offenders away from the public especially vulnerable youngsters, they are seen to fail in the achievement of the intended purpose. The homelessness resulting from residential restrictions has psychosocial impacts especially among the youths who are not ready to depend on themselves financially so as to afford a home. This calls for reforms of the many residential laws restricting the housing of the offenders. It is important to ensure that sexual offenders are not homeless which will reduce the psychosocial stressors like anger which will in turn lead to cases of recidivism.

Summary

The issue of homeless sex offenders has been brought about by various laws on residential restriction. These laws have restricted the movements of sex offenders especially in places where children can frequently be found including schools, health centers and even public parks. The result is reduction of options available for the offenders to find housing meaning that may be forced to live in streets. These individuals are unable to compete with other applicants for jobs and this denies them income that would help in paying rents. Homelessness among sex offenders increase the likelihood of recidivism since it expose them to harsh environments and psychosocial stressors. The problem is more pronounced among the young offenders who are not financial independent. There is a need to reform residential restrictive laws to give more housing options to sex offenders.

References

Donaher, E. (2015). Sex Offender Registration Laws for the Homeless: Safeguarding Society or Punishing Sexually Dangerous Individuals for Being Homeless. NDL Rev., 91, 375.

Levenson, J., Ackerman, A. R., Socia, K. M., & Harris, A. J. (2015). Where for art thou? Transient sex offenders and residence restrictions. Criminal Justice Policy Review, 26(4), 319-344.

Rolfe, S. M., Tewksbury, R., & Schroeder, R. D. (2016). Homeless Shelters’ Policies on Sex Offenders: Is This Another Collateral Consequence?. International journal of offender therapy and comparative criminology, 0306624X16638463.

Levenson, J. S. (2008). Collateral consequences of sex offender residence restrictions. Criminal Justice Studies, 21(2), 153-166.

Nieto, M., & Jung, D. (2006). The impact of residency restrictions on sex offenders and correctional management practices: A literature review (Vol. 6, No. 8). California State Library California Research Bureau.

Levenson, J. S., University, L., & Hern, A. L. (2007). Sex offender residence restrictions: Unintended consequences and community reentry. Justice Research and Policy, 9(1), 59-73.(india

Levenson, J. S., & Cotter, L. P. (2005). The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd?. International Journal of Offender Therapy and Comparative Criminology, 49(2), 168-178.

Levenson, J. S. (2016). Hidden challenges: Sex offenders legislated into homelessness. Journal of Social Work, 1468017316654811.

Puls, G. (2016). No Place to Call Home: Rethinking Residency Restrictions for Sex Offenders. BCJL & Soc. Just., 36, 319.

Are these Grievances Arbitrable?

The allegation by the company is that the union aims at persuading the arbitrator that Manchester T&E should apply arbitration of Grievance No. 27-97 regardless of the failure by the union to give notice the firm properly and on time of the intention to arbitrate. A written notice was given to the company by George Mason but the notice was not timely. Given that the union did not provide a notice on time indicating the intent to allow for arbitration of the grievance emerging, the union assumed that the handwritten note give to the company by, Goode its representative, to be a request for extending the time limits.  The attempt by the union to portray this handwritten note to be a request for extending the Grievance No.27-97 had not merit at all.  Moreover, the union failed to follow the terms laid down in the agreement and the terms thereof, which had been agreed upon on mutual basis, and did not get an extension of time that had been agreed upon on mutual basis.

The company on the other hand claims that it normally considers arbitration requests whose notice have been provided on time. Moreover, it claimed that the agreement with the union does not provide for the alteration of the contract by the arbitrator. On the basis of these reasons the, argument by the union that time limits have been extended in the past does not hold since, this time round there were no such agreement and hence the provision of the contract holds.   

The company’s best evidence is that it did not implicitly or explicitly agree to have the time limits extended, and the timeline issue was raised while responding to the union. Moreover, there was not agreement with the union for existing contract to be altered by the arbitrator.

The best evidence by the union is Mr. Goode’s document and testimony showing that in the past the company has agreed with the union to extend the time limits for grievance. The company did not object to this document and hence, the union would argue that it is possible to extend that time limit.

The issues presented by the company about untimely notice and contract alterations would form the basis of my argument. As an arbitrator, I could not be influenced by the evidence if it violates existing contract. To solve the stalemate, I would have the parties review the contract since the grievances are not arbitrable.

Labour Relation Laws

The national labour relations act (NLRA), was legislated by the congress in the year 1935, in order to safeguard the rights of both employees and the employers, hence boosting collective bargaining, and to limit specific entities sector labour and organization practices, which can hurt the overall wellbeing of workers, business and economy of the United States. In the early years before 1935, workers had the choice to join trade unions, which could protect their rights. However, employers also had the authority to sack workers for joining unions and participating in strikes. Due to tough economic times, it was easier for employers to sack their employees, than for employees to get other jobs (David, 2011). This consequently led to the adoption of NLRA, to safeguard the rights of employees and employers. 

The main roles of NLRB is to resolve, when lobbied by the employees, if a suitable bargaining unit of the employees exists for cooperative bargaining (David, 2011). Secondly, to decide through secret- ballot elections if the employees in an organization or an industry desire to be epitomised by labour unions. Finally, to rectify any form of biasness by either employers of the union.

NLRA protects the rights of both the employees and employers. For instance, in case of poor working conditions, low salaries and wages of civil servants, NLRA allows employees to participate in strikes, guaranteeing them their rights to strike without losing their jobs (David, 2011). In addition, NLRA protects the employees from any forms of harassment from their employer which is the government during and after the strike.

In case of any issues regarding mistreatment, one can file a charge against an employer through finding the appropriate charge either through the NLRB application on the smartphone, or on their website (David, 2011). After filing the charges, NLRB would then investigate the matter for a period of not more than 30 days, before rendering a judgement.

Reference

David, E. S. (2011). Labour Law: A basic Guide to National Labour Relations Act: CRC Press Taylor & Francis Group.

Outline

Comparison and Contrast between USA and Saudi Arabia Business Laws

Introduction

Legal systems are in general vibrant and dissimilar dependent on the background of where the law is conscripted (Deresky & Christopher, 2011). In this comparison, there are extensive differences and limited similarities catalog amid the legislative system of Saudi Arabia and that of the United States (Ebbe, 2014). Principally, Saudi Arabia centered and regulated by Islamic Sharia law that is acquired from the Islamic religion Quran, hadith, public accord and Islamic academics. It was renowned by Crane (2016). That Saudi Arabia leading lawful system is the Islamic regulation that is centered on religious principles and standards which additionally dominates every aspect of existence in the country. On the other hand, the United States of America mainly adheres to and applies the constitutional and common law which offers a precise draft of the governing regulations via a democratic procedure that includes everyone in its specific location (Natarajan, 2011).

Business climate in the USA and Saudi Arabia

Saudi Arabia is characterized with the largest market in the Middle East based on the owned resources and growth potential (Neuliep, 2009). Corporate laws were modified in 2000 to allow foreign investors to have full business ownership which was missing before (Neuliep, 2009). On the Other hand, America is the leading economically globally based on its size, resources, revenue and international influence. A business organization in America is mainly guided by democratic constitutional law which governs both the domestic and the international business. Both Saudi Arabia and America provides an attractive surrounding for conducting business but U.S.A is more accommodating in regard to foreign investment based on its liberal and democratic culture (Neuliep, 2009).

Cultural influences that influence business organization and relationships in the USA and Saudi Arabia

Saudi Arabia is an Islamic based society which is very conservative. This differs from the American society which encourages individuality and there are no cultural restrictions that affect business (Shahidullah, 2014). For most Saudi Arabians family values are of great significance since families coexist jointly. This culture is not excluded in business operations since most businesses are business are possessed by families. Business operations in Saudi Arabia necessitate unique considerations of both social and cultural standards based on the Islamic religion (Shahidullah, 2014).

Business Organization Contradictions

It is universally argued that Sharia law which is used in Saudi Arabia limits the potential of businesses because the structure itself is a dictatorial one (Shahidullah, 2014). Along with the strict laws that govern the political and social operations in the country, the law further assumes that any sentenced individual is a criminal until contrary prove that aligns with the law is developed. The law itself raises too many controversies among the public globally as to most it is considered to be operating human rights (Ugur, 2006). The antagonistic regulation system in the United States is dissimilar in that it encourages liberty either economically, politically and socially and the supposed guilty persons must be tested lawfully. Corporate scandals are higher in the United States than in Saudi Arabia based on the difference between the democratic law and the sharia law which is more of dictatorship following religious beliefs (Al-Janadi, Rahman & Omar, 2013).

Business Organization Similarities

An essential law examination is based on the manner in which the regulations are utilized to govern organizations and instill justice. There are several similarities in American and Saudi Arabian laws in that everyone is treated as equal. Both are accommodative of both local and foreign investors but in Saudi Arabia, one must seek to win recognition and trust of the people first.

Contracts and E-Contracts

Sharia law is applied in both criminal and business law since Civil Code does not work in Saudi Arabia (Ali, 2009). All the contracts that are developed in Saudi or engages a company from the state are under the Sharia law’s jurisdiction (Bhuian, Abdul-Muhmin, & Kim, 2001). However, in the United States business contracts are developed based on the interests of the involved parties but should adhere to the law.

Conclusion

Based on the above analysis it is clear that sharia law and the statutory and common law applied in governing operations in Saudi Arabia and the United States are more different than similar. In that Saudi Arabia is mainly controlled by the Islamic religion and authoritative cultures that influence business operations while the United States relies on democracy and the interests of those conducting businesses are guarded and respected.

References

Ali, A. (2009). Business and management environment in Saudi Arabia: challenges and opportunities for multinational corporations. Routledge.

Al-Janadi, Y., Rahman, R. A., & Omar, N. H. (2013). Corporate governance mechanisms and voluntary disclosure in Saudi Arabia. Corporate Governance, 4(4), 25-35.

Bhuian, S. N., Abdul-Muhmin, A. G., & Kim, D. (2001). Business Education and Its Influence on Attitudes to Business, Consumerism, and Government in Saudi Arabia. Journal of Education for Business, 76(4), 226.

Crane, A. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press.

Deresky, H., & Christopher, E. M. (2011). International management: Managing cultural diversity. Frenchs Forest, N.S.W: Pearson Australia.

Ebbe, O. (2014). Comparative and international criminal justice systems: Policing, judiciary and corrections. Mason Florida: Taylor and Francis Group. p43.

International, B. P. U. (2015). Saudi arabia investment and business guide: Strategic and practical information. Place of publication not identified: Intl Business Pubns Usa.

Natarajan, M. (2011). “International Crime and Justice”. New Jersey: Cambridge University Press. p80.

Neuliep, J. W. (2009). Intercultural communication: A contextual approach. Los Angeles: Sage.

Shahidullah, S. (2014). Comparative criminal justice systems: Global and local perspectives.         Burlington, MA: Jones & Bartlett Publishers.

Ugur, E. (2006). Article of the European Convention on Human Rights: a practitioner’s   handbook.Geneva: World Organization against Torture.

Labor Relation Laws

 In forming unions, employees and organization should follow the following procedures;   first, there should an organizing campaign within the organization. Through campaign,  nonemployees should show interest  in forming a union  either through distributing literature, discussing  about union and more, and employees  within the organization should  show interest  by  joining hands  with others to sign petition and attend meetings (Griffin, 2013). After showing interest in forming a union, employees should collect petition signatures and forward it to the National Labor Relations Board (NLRB).  The lowest number of signature should 30% so that the NLRB can move forward to conduct an election. Before the election, employees who are under Federal Labor Relation Authority from different job position must be selected to vote during election (Griffin, 2013). Then, election is held in secret ballot supervised by NLRB representatives. After election, employee creates a discussion based on benefits needed and a negotiating committee. The latter holds a negotiation with the company to discuss the labor contract. The labor contract is signed and employers develop mobilizing techniques to ensure that employers fulfill the union’s demands. The union may use mobilizing techniques such as holding public meetings, conducting strike, filling grieves and more (Griffin, 2013). 

 Collective bargaining allows the labor contract and the organization to form an agreement on issues based on wages, benefits, grievances procedure, employment condition, and process of work termination, job security, work hours, promotion and more (Griffin, 2013). Collective bargaining leads to workers improvement and higher performance in that management relation allows employees to have the opportunity for training hence gains skills on how to utilize the valuable resources for high productivity. Improvements are also reinforced by employee-employer relation in solving problems while showing respect and dignity. Employees have freedom of association where they choose collective actions (Griffin, 2013). The probability of increasing performance is high since the labor contract allows employee and employers to have an agreement on issues which affects their life. In other words, employees    work in a friendly condition, enjoy benefits and more important the feels secured. Other point is that employee and employers collaborate in running business operations and this makes employees develop a sense of belonging (Griffin, 2013). What is important more in collective bargaining is that the union creates a positive interaction with employees and allows them to expresses their views and to have a choice. Collective bargaining is a path where employees get right-to-work, having all the resources they need, ensure that their desires are met and get support.  Generally, labor contract or the agreement on important issues increases morale hence increases performance (Griffin, 2013). 

Regarding to right-to-work laws, the first things that unions should know is that employee should not be forced to join the union. An employee may express his view as a single individual and thus both member and nonmember should receive the same right to work (Folsom & Boulware, 2004). In addition, the unions should not allow workers to pay dues.  In other word, unions should avoid creating a corrupt system in the labor organization. In agreeing on employment condition, there is not agreement where employee should pay dues (Folsom & Boulware, 2004). Other things that unions should consider  in the right-to work laws is to allow workers  resign and  still get  the benefits from the collective bargaining. On the same note, employees should not pay union fees to quit or to stay in the organization. In planning to deduct wages, unions should adhere to the ‘Fair Labor Standard Act’ to understand more about employee wages. Note that employer may deduct cost either due to meals, uniforms, transportation, child support and other legally authorized deducts and this should be done with employee consent (Folsom & Boulware, 2004). Apart from union dues and deducts, union should treat nonmember and member employees equally and fairly. Employees should be allowed to petition the union due to unlawful practices.

Reference

Folsom, W. D., & Boulware, R. (2004). Encyclopedia of American business. New York: Facts On File.

Griffin W. Ricky. (2013). Fundamentals of Management. Cengage Learning

Court Testimony

Recommendations of Testifying

The three recommendations to keep in mind while testifying are: make sure the facts you present are credible, clear, and convincing. Presenting a testimony in a clear manner that allows one to avoid objections from other attorneys, hence making the presentation easy and smooth (Bergman, Berman & Twohy, 2016). Secondly, the testimony must be credible, thus allowing the jury to understand it, and to also see the sense in the testimony. Finally, it must be convincing, otherwise it will not have any impact in the case.   

Verification, Administrative Reviews and Technical Reviews

Technical review is a very significant part of a superiority assurance program. This is consequently the review of notes, data, or documents on the foundations of a systematic conclusion (Bergman, Berman & Twohy, 2016). Administrative review is usually carried out in order to conclude the clerical accuracy of reports and case records thus ensuring the appropriateness of the foundations of scientific conclusions. These records may therefore include the following: photographs, case notes, requests, custody forms and reports. On the other hand, verification comes after administrative reviews and technical reviews, whereby all the information gathered is then verified to ascertain the clarity of the reports.

The above reviews are responsible for allowing the report cases to be done in an accurate manner. In so doing, the information provided can be relied upon, since the jury will be able to understand the clarity of the information based on the reviews made on it, which are responsible for ascertaining if the information is clarified or not (Bergman, Berman & Twohy, 2016). In addition, the information is formatted in the context which the jury can easily understand, thus making it easier for the information to be easily conveyed to the jury, hence impacting their judgement.

Reference

Bergman, P., Berman-Barrett, S. J., & Twohy, M. (2016). Represent yourself in court: How to prepare & try a winning case.

Environmental Law

How do you evaluate whether this wetland is navigable water subject to the jurisdiction of CWA?

Based on CWA’s guidelines, the wetland would be covered by its jurisdiction if water flows in a part of the year and if it has chemical, physical or even biological link to the broader water bodies downstream that would affect the general integrity of the other water streams (EPA, 2017). The analysis would, therefore, be done holistically. In addition, the wetland does not hold any direct link to the interstate water of navigable water but it holds a significant biological connection with the larger bodies and thus this would be protected by CWA. More so given that Mississippi River is protected under the jurisdiction of the Agency, it is therefore obvious that the small stream of the wetland will be a subject to protection (EPA, 2017). In that the jurisdiction state that small streams despite their seasonality are a source of clean water to a number of people and should thus be guided.

Would The Wetland Be Considered A Waters Of The United States Under The Regulatory Definition Of United States In The Effect At The Time Of Rapanos Decision?

At the effective time of Rapanos decision, the wetland would be accounted as a ‘’ Waters of the United States’’ given that it is a natural and small water stream that stores water for a part of the year. The rule stated that all the water sources regardless of their sizes deserve protection given that they are a water source for individuals (EPA, 2017). In addition, given that the Water flows to Mississippi which is a protected River this would mean that the land also necessitates protection.

Under The New Clean Water Rule?

The wetland would still require protection and the fresh Clean Water Rule which seeks to protect all the water streams that provide clean water. This would, therefore, mean that any pollutant would be prosecuted for interfering with public resources which are under protection (EPA, 2017). The rule extended federal regulatory into the backyards of the country and therefore even the streams and wetlands that are situated on private location are subject to protection.

Under The New Rule That Adopts The Definition Of Waters Of The United States Articulated By The Plurality In Rapanos?

Under the new rule, the wetland is a ‘’Water of the United States’’ that should be protected from any damage, pollution, and destruction given that it can ultimately affect the general water state (EPA, 2017). In that being a natural source that is maintained physically it is considered to be a small stream that offers clean water and its use is limited and protected.

If The Wetland Is Jurisdictional Water (Covered By The CWA) Does Your Client Need A 404 Permit?

Given that the wetland is a subject of CWA my client will be required to acquire 404 permits (EPA, 2016). Section 404 necessitates the acquisition of a permit prior to the discharging dig up or filling materials into the American waters unless that activity has been exempted by the regulation which might include farming or tree planting (EPA, 2016). The permit seeks to ensure that no digging materials are allowed to be utilized with the existence of alternative options that creates fewer damages to the water surrounding (EPA, 2016). In addition, the utilization of bulldozers as the client wishes would result in significant water degradation and population. In this context, the client will be required to apply for the permit to demonstrate the measures that will be utilized to avoid destroying the wetland as a water source, compensation will be acquired for any damages and that the potential risks are reduced (EPA, 2016).

References

EPA. (2016). Guidance to Identify Waters Protected by the Clean Water Act. Retrieved from https://www.epa.gov/cwa-404/guidance-identify-waters-protected-clean-water-act

EPA. (2017). Section 404 of the Clean Water Act: How Wetlands are Defined and Identified. Retrieved from https://www.epa.gov/cwa-404/section-404-clean-water-act-how-wetlands-are-defined-and-identified

EPA. (2017). Waters of the United States (WOTUS) Rulemaking. Retrieved from https://www.epa.gov/wotus-rule/about-waters-united-states

Workplace Law

            Question One

            The Legal Issue

            The contention issue is whether Amanda is an independent contractor or an employee of Monks Pty. Ltd.

            Relevant Law

The current American law has established several means to determine whether a staff is either an independent contractor or an employee. The kind of working relationship is mainly determined by the service contracts (Klaras, 2014). In this determination, all the details that offer proof of the extent of control and independence are accounted for. In that evidence that seeks to offer evidence in regard to the company’s control and the worker’s independence are categorized as financial, behavioral and relationship category (Klaras, 2014). A contract is bound to be described as a service if the staff holds legal prominence which offers the detailing of an independent contractor (Klaras, 2014). On the other hand, a staff is bound to own legal prominence of being an employee by owning unique employment contract with adequate information in the description (Klaras, 2014).

The common law normally utilizes a control test that seeks to establish the extent of control which the company has on the worker. In addition, to control being a major determinant in determining the legal ground the state and guidance through which the established control is subjected is also accounted (Lawyers, 2012). In that, if the employer possesses more control over the staff this implies that relationship created is one of the ruler and employer. The case to be referred to that utilized control test is that of Spirides v. Reinhardt, 486 F. Supp. 685 (D.D.C. 1980) (Lawyers, 2012). The court concluded that if the worker had the responsibility of controlling as well as guiding the operations of others it is not just that these activities led to achievement but the employer acquired higher benefits thus creating an employer and employee relationship.

In a multi-factor examination, the presence of control is not the sole aspect of assessment that the evaluation is grounded upon. The case to be referred is that of Stevens’s v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 (Lawyers, 2012). Some of the ruling factors that are utilized in gauging the worker’s relationship include the working condition, set working period and the major obligation to complete duties without any control which creates gains for the employer from the set location and working framework. In that, an independent contractor works under their own control, state and provides their own working equipment such as uniforms and machinery while an employee works under stipulated time, location, duties as well as equipment (Klaras, 2014).

            Application of Law to the Facts

            Factors That Demonstrates an Employer and Employee Relationship

In this case, Amanda signed a contract detailing that she will be acting as a major production staff in production and she should be committed to working at any given time. On the quest that she works for 50 to 60 hours every week she believes that her employment relationship guarantees her to acquire payment for the period that she is to recover from the acquired injury and dismissal.

In the application of control and common law tests, it is possible that Amanda is, an employee given that she acquires instructions directly from the employer in regard to her working framework and tasks delivery. in addition, to committing to the assigned tasks she is also required to follow the working principles of the company which includes supervising the roles played by other in the production sector. As stated above, Monks Pty. Ltd. Is particularly in control of Amanda, in close relation with according to Lawyers (2012) Spirides v. Reinhardt, 486 F. Supp. 685 (D.D.C. 1980), Monks Pty. Ltd. Requires Amanda to adhere to the set principles regarding commitment and accomplishment that works to ensure that she generates desirable outcomes by ensuring that her roles are well played. In addition, her tasks are defined and described by the company as she is required to be ready to work at any given time as the central player. Monks Pty. Ltd exercises control over Amanda over her responsibilities, work state, time frame as well as operations which demonstrates a relationship amid the employer and an employee.

In reference to a multi-factor test, there are several other forces to be accounted. In Sawmilling Co Pty Ltd (1986), the court mainly focused on diverse forces that led to the development of employer and employee association (Lawyers, 2012). If a multi-factor examination can be applied in Amanda’s case some factors such as control, directions, time frame and working location that are present demonstrate a high extent of employment. In that Amanda works amid 50 and 60 hours daily a factor that shows that she is an employee given that she holds a set working period which shows that the employer has control.

Factors That Shows That Amanda Is an Independent Contractor

Amanda can be perceived as an independent contractor given that her salary is not subjected to taxation which shows that the Monks Pty Ltd has no control. In addition, she is not subjected to any principals of ethics and both forces can indicate that she is an independent contractor.

Conclusion

It is apparent that Amanda is more likely to be an employer than an independent contractor. This is because, she has a set working period, location and roles that are guided by the employer. She is required to work at any given time despite the fact that her salary is not subjected to any taxation the fact that the employer seems to have higher control demonstrates that she is more of an employer.

Question Two

The Legal Issue

            The legal issue of contention is whether ken should be made redundant based on Ore Ltd. Economic downfall before ken based on Last on /first off rule rather than the qualification level.

            Relevant Law

            Redundancy is applicable during the economic crisis which can be conducted based on the contractual agreement between a worker and the employer (Emplosure, 2017). In last on last off rule that is mainly utilized to objectively establish the workers that are bound to lose their jobs in a redundancy scenario. Most employers normally assess the quality of work over the general experience of employees in such scenarios. According to the Fair Work Act (2009), a layoff cannot be accounted as an honest redundancy if the boss still necessitates the tasks of the worker to be accomplished by someone else (Emplosure, 2017).

A dishonest redundancy, therefore, can best be described as the scenario where an employer decides to make layoffs on the ground of economic crisis but considers experience and knowledge. In addition, the employer tends to prefer a single party to accomplish the tasks over the other (Emplosure, 2017). Redundancy is only honest if the employer does not require any other individual to accomplish the job and all the consultation requirements have been adhered to. Fiar work Act indicates that no employer is allowed to dismiss employees under discriminatory scenarios in order to avoid the employment liability (Emplosure, 2017).

Some cases which can be consulted in regard are Nicholls v Rockwell Automation Ltd, Packman (t/a Packman Lucas Associates) v Fauchon and Ackman (t/a Packman Lucas Associates) v Fauchon, Ms. Fauchon (Clark, 2012). This case offers clarity in regard to honest redundancy which should adhere to fairness and without replacing the employee.

Application of Law to the Facts

            In regard to ken’s case, he was surprised by the fact that Ore Ltd decided to subject him to Redundancy based on the economic downfall experience by the company. In that Ken has worked for 20 years with the company. The last on first off rule had not been indicated in the contract that he had previously signed given that the company was applying for redundancy on the basis of the qualification level. Bob has only worked as his assistant for 18 months but his level of qualification exceeds that of Ken.

            Breach of Fair Work Act (2009)

            Ken has worked for the company for twenty years deserves a fair treatment. In that, the company has suffered an economic crisis that requires it to dismiss some employees. However, based on honest Redundancy under Fair Work Act (2009), it is apparent that Ore Ltd has breached the law given that the dismissal in order to be an honest one, it should not replace the responsibilities of the employer which it seeks to do (Golden, 2015). The company wants to retain Bob based on his qualification in order to replace Ken. In this context, Ken can argue using the Last on first off rule where he should not be redundant with Bob.

            Conclusion

            Ore Ltd has infringed Ken’s rights given that the redundancy is not an honest one. In that, the company should place its redundant without being biased. This is because despite the fact that Bo has higher qualification an honest redundancy should be the one that does not seek to replace the responsibility of the employee regardless of the experience and qualification.

References

Clark, I. (2012). Case Law Update- Redundancy. Retrieved from http://www.morton-fraser.com/knowledge-hub/case-law-update-redundancy

Emplosure. (2017). Fair Work Act (2009). Retrieved from https://employsure.com.au/guides/fair-work-australia/what-is-the-fair-work-act/#AvfuQwfKmJDchoiw.97

Golden, J. (2015). Redundancy: Last On, First Off Rule Applies. Retrieved from http://workplaceinfo.com.au/termination/redundancy/cases/redundancy-%E2%80%93-selection-and-payment-issues#.WcpC8cZx3IU

Klaras, D. (2014). Employee vs. Independent Contractor: Tests to Determine an Employment Relationship. Retrieved from https://www.assuranceagency.com/blog-post/employee-vs-independent-contractor-4-tests-to-determine-an-employment-relationship

Lawyers D. (2012). Employee or contractor – Implications for intellectual Property. Retrieved from https://www.dundaslawyers.com.au/employee-or-contractor-implications-for-intellectual-property/

Crime and Sentencing Disparities

Introduction

            Crime and sentencing disparity is a principal social injustice today given that minority groups have been its substance for the longest time (Slyke & Bales, 2012). Sentencing disparity in America and globally has been a major source of controversial debates among the public. The issue of racial prejudice in the criminal justice system generates several societal challenges which in turn affects life’s quality for the affected persons (Deflem, 2017). America is today positioned as the leading country in regard to its utmost incarceration rate given that it owns 25 percent of the global custodial population (Deflem, 2017). It is saddening that more than 65 percent of the incarcerated populace in America is only built by the ethnic minorities mostly blacks and Hispanics (Deflem, 2017). Despite the issue being highlighted as one of the most pressing criminal justice issues, its dominance has continued to increase which does not only affect societal stability but also economic development. The criminality system of justice is obligated to be fair and equal in order to guard the wellness of the country and the rights of every individual (Slyke & Bales, 2012). This paper will be analyzing the root sources of crime and sentencing disparities as the methodology and research design to be applied.

Research Question: What are the key sources of crime and sentencing disparities today?

Hypothesis: Sentencing and crime disparity and is mainly a source of racial and socio-economic status profiling.

            Description of the Criminal Issue

            There seems to be an operational inequality in the American criminal justice given that racial stereotype and social status plays a role in the sentencing and criminality disparity. The issue of racial sentencing and white collar crimes disparities, when compared to other kinds of crimes, creates some contradicting opinions (Ghandnoosh, 2015). It is apparent that crimes conducted by minorities which are accounted to be aggressive occur as often as other kinds of crimes conducted by white-collar criminalities in the contemporary society today. In fact, it is widely known that white collar crimes conducted by upper-class persons tend to be the most expensive given that they lead to the loss of billion dollars (Ghandnoosh, 2015). While compared to the aggressive or street crimes which tend to be associated with the ethnic minorities white collar crimes are on the rise given that the associated penalties are sentencing is minimal. It is believed that given that white collar are conducted by prominent persons particularly from the white race, they are treated uniquely as compared the violent types because they are nonaggressive and causes fewer threats. It is, however, worth noting that some of these crimes cause undesirable and unrepairable impacts than the minimal violent crimes (Ghandnoosh, 2015).

Sentencing and criminality disparity is mainly fueled by socio-economic status and racial profiling. In that, mostly the identification of delinquency defendants is done on the ground of accent, race and economic status. There is a huge gap in sentencing amid white collar and aggressive and street crimes because white collar criminalities mainly come from upper socio-economic status and the justice system tends to be lenient on them (Slyke & Bales, 2012).Based on social acceptability, white collar criminals are subjected to fewer penalties and sentencing while other crimes that are linked with the ethnic minorities such as the black community are treated rather severely which generates intense social stigma (Deflem, 2017). White collar criminalities are normally performed by individuals with high social personality. This, therefore, means that the occurrence of the nonaggressive crimes is mainly fueled by finances which are mainly conducted by government experts (Van, Benson & Cullen, 2016).

Despite the fact that nonaggressive crimes are performed by social prominent persons without the engagement of violent it is not true that they are associated with fewer threats. Actually, white collar criminalities are associated with more destructive impacts which are psychological and financial. On the other hand, street offenses are less intense despite the fact that they create negative physical effects. The sentencing and rate of the crimes among both types of crimes are mainly fueled by racial and societal status profiling.in that both necessitates some sort of punishment but white collar ones are treated with much care which tends not to deter repeat and the rise of similar crimes (Van, Benson & Cullen, 2016).

Street crimes are mainly conducted by individuals from poor background whose only intention is survival. On the other hand, white collar offenses are conducted by experts in search of more privileges and increased financial stability. Most of the prominent offenders are subjected to bails and home detentions while street offenders are subjected to prolonged sentences that tend to trigger retaliation due to the social stigma and discrimination perception that is created (Van, 2011). The lower sentences for the street offenders fail to fit within the impact that they cause given that the highest populace evades life sentences that suits the threats that they pose to the society. It is accurate to state that given that street crimes involves the stealing of items with less monetary and emotional value long sentencing and severe penalties are unsuitable (Slyke & Bales, 2012). In consideration of the fact that white collar crimes normally incorporates fraud of money that tends not only to affect the existence of the company but the entire community which has invested much in it, lenient sentencing encourages criminalities rise. The street which is minor crimes are severely penalized and this results in high incarceration despite the fact that it is the intensity of the crime that should be considered rather than the race, expertise or the social status of those that are involved (Van, 2011).

 The American Criminal Justice System has an obligation of guarding criminal offenders and the victims without accounting for the socio-economic position or race (Ghandnoosh, 2015). The existing criminality and sentencing disparity generate the impression that the justice system tends to value race superiority and socio-economic status rather than the intensity and the effects of the committed crime. It is clear that any kind of crime whether violent or nonviolent normally causes destructive effects on the economy and society. Given that sentencing and crime, disparity is mainly fueled by racial and socio-economic differences street offenders are from low socio-economic backgrounds (Ghandnoosh, 2015). These individuals are mainly without employment while the superior persons possess expertise identities and higher social positions. In this context, both crimes tend to instill fear, emotional loss as well as financial losses which, calls for fairness. Both are most likely to result in death given that emotional effect will create hopelessness and health effects (Walsh, 2016).

 Crime and sentencing disparity has been present for decades which has created the perception that the law is mainly violated by the ethnic minority and those from inferior socio-economic backgrounds. This is demonstrated by the manner in which the law enforcers tend to target the defenseless, substandard and poor persons (Walsh, 2016). This has been the tendency given that the offenders are easy to identify and their accessibility and assessment normally result in rapid prosecution and incarceration because their legal defenses are usually feeble. In most instances, the minority criminals are subjected to long sentencing based on the need to force control over the minority groups and thus utilize them for economic gains (Walsh, 2016). In this context, social justice can only be acquired by modifying the controlling governmental and political regulations that encourage racial based and socio-economic profiling. This is because white crimes have the tendency to prioritize the offenders over the victims given that the offenses are penalized with severe monetary fines with lenient sentences which implies that the devastating effects that are caused by the society are not considered (Walsh, 2016).

 Sentencing severely on minor crimes creates social and economic effects given that families are denied the chance to associate with families while most of those that are incarcerated are the primary family providers which affect livelihood (Siegel, 2011). The society tends to be against the white criminalities more on the ground that despite the fact that huge losses are incurred the system tends to penalize them distinctively based on their prominent social status. Since street crimes are performed by the unemployed as well as the poor person’s individuals tend to believe that the system only favors the wealthy (Siegel, 2011). Both White and street crimes are deliberate given that they are structured and set for certain targets. However, white crimes conducted by the wealthy take more planning and designing which implies that more individuals are affected and the threats include financial and psychological challenges (Siegel, 2011).

Arguably, individual’s attitudes towards sentencing and criminality disparity have been altered by the intensifying rise in today’s society (Chambliss, 2011). Based on recent surveys it is apparent that crimes are very offensive given that they affect the development and stability of the society. The perception has mainly been developed due to the recent concentration by the media on the existing disparity that is fueled by socio-economic and well as racial profiling. In this context, it is apparent that there is a need to establish the major sources of the issues in order to apply the most suitable measures in handling the problem (Van, 2011). Justice can best be served if the offenders are punished on the grounds of the effects of the committed offenses rather than focusing on the socio-economic status as well as race.

            Research Methodology and Design

            Introduction

            The research methodology to be utilized refers to a systematized examination plan to acquire answers to the study’s queries. On the other hand, a research design can best be described as an operational built plan, to be applied for investigation drives (Vogt, Gardner & Haeffele, 2012).

            Research Method and Design

            This study will utilize a descriptive design and a qualitative research method. This will mainly seek to establish the primary sources of crime and sentencing disparity. The research method will, therefore, be objected at establishing how racial and socio-economic profiling affects criminality and sentencing disparity in America. A qualitative method was selected given that it seeks to offer knowledge regarding an existing issue as well as help in the development of intervention strategies. In addition, the method can be utilized to unrevealing arguments and deeper societal opinions regarding the issue (Vogt, Gardner & Haeffele, 2012). The primary feature of a qualitative research can be stated to be that it is suitable for smaller groups and the results are both assessable and reliable (Vogt, Gardner & Haeffele, 2012). The basic benefit of the method over the quantitative study is that it provides comprehensive explanations and investigation of the subject under examination without restricting the research possibility and the nature of the samples answers (Tavakoli, 2013).

            However, despite the benefits associated with a qualitative study, the general efficiency of the study generally depends on the capabilities and experiences of the investigator (Tavakoli, 2013). In that the data acquired cannot be assessed or quantified. In addition, the results cannot be categorized as reliable given that the ultimate conclusions are acquired from the investigator’s own analysis and assumptions. In addition, since it is suitable for a small group this means that it is associated with more threats given that the responses do not reflect just thoughts of the larger populace (Tavakoli, 2013).

            Research Approach

            The study will track an inductive approach. Based on this strategy the investigator mainly begins by making unique interpretations which are then utilized in generating comprehensive concepts and conclusions from the study (Antonisamy, Solomon & Prasanna, 2010). The main reasons for utilizing an inductive approach is that it considers all the strengths of the study which makes it suitable for a small populace that is used in the construction of qualitative data. This, strategy is, however, disadvantageous given that it developed generalized concepts and assumptions that are grounded on responses from a small populace which might generate dependability issues (Antonisamy, Solomon & Prasanna, 2010).

            Data Collection Method and Instruments

            Since the study will utilize a qualitative research, questionnaires and interviews will be applied. These instruments were selected based on their general capability to maximize responses from the respondents to be utilized for analysis. The interviews and questionnaires will be individualized and semi-structured with the objective of establishing the participant’s sensations, feelings and thoughts regarding criminality and sentencing disparity. The primary benefit of conducting private interviews as well as personalized questionnaire filling is that they tend to create better relationships among the interviews and respondents (Miles, Huberman & Saldaña, 2013). This benefit, in addition, eradicates the unwillingness to respond accurately and truthfully but the investigators need to own effective communication abilities to develop and maintain such relationships.

More so semi-structured over the fully structured questionnaires and interviews provide more convenience and elasticity in regard to the movement which creates more space for developing conclusions that were not initially intended to be developed in regard to the study subject (Miles, Huberman & Saldaña, 2013). In addition, the semi-structured one works to ensure that the flexibility does not result in differing from the present research goals (Miles, Huberman & Saldaña, 2013). The questionnaires will, therefore, be utilized as the interview guide towards the accomplishment of the study’s objectives but more questions can be added based on the responses acquired from the respondents.

The study’s question will comprise of closed and open-ended queries which will seek to ensure that the responses satisfy the research goals and that maximum data is acquired which will, in turn, boost the general dependability and accuracy. This information which will be well structured based on the objectives of the research will fund to a more improved and systematized understanding of crime and sentencing disparity issue (Lim, 2013). A descriptive approach is characterized by the provision of more accurate results (Lim, 2013). In this context, the qualitative method will seek to generate meaningful and objective investigation through a purposive sampling. In recognition arrangements in the study and construction of conclusions measurable and descriptive data will be applied.

Data Collection Approach

Questionnaires will be dispersed several days before the set day for the interviews. The strategy will seek to provide adequate time for the filling and refunding the filled questionnaires to the investigator. The questionnaires will mainly be dispersed via the respondent's email addresses. Within the specified period, direct messaging reminders will be sent to each of them to ensure that the time frame is not altered which might delay the investigation. Interviews will be conducted online in order to ensure that convenience is created without affecting the activities of the respondents. This strategy is fast and cost-effective (Miles, Huberman & Saldaña, 2013). Responses confidentiality will be ensured because summarization and analysis will be conducted personally by the researcher. On the other hand, consent forms should be signed before participating to ensure that the participants understand the aim of the study and their role.

Target Population and Sampling

The study will mainly seek to acquire opinion from the public particularly professionals and those affected by the sentencing disparity, law enforcers, administrators, and prisoners. A list of about 20 and 40 prisoners from a prison institution will be utilized as the sampling frame which will be acquired from the organization’s database with the consent of the administration. The sample frame is essential given that it seeks to create cost and time efficiency. The target population will only include that that have worked or been imprisoned for at least three years given that they are bound to offer more reliable responses based on their experiences. Individuals will less experience might generate accurate and reliable data given that they do not own enough and actual experiences in regard to sentencing disparity. The sample language, in this case, is English which was selected in order to ensure that the respondents offer dependable data that is easier to interpret (Tavakoli, 2013). The median age is 30 where the selection will range from 25 given that the study necessitates people with developed knowledge regarding the issue.             Purposive sampling strategy will be utilized in creating organized responses. This method is one of the non-probability sampling strategies which asserts that the sample respondents are mainly chosen on the grounds of their association, expertise, and experience in regard to the study issue (Tavakoli, 2013).  Therefore, the inclusion criteria will, therefore, account for knowledge, age, and language (Tavakoli, 2013). In this research, the sample participants who will be selected should own special association with the issue under investigation, adequate and relevant knowledge and vigorous involvement in the criminal justice.

Sampling Method

The research will mainly utilize simple random sampling strategy which will seek to ensure that the selection process of free of biases. Since the study has to be accurate and dependable biases should be eliminated not to affect the findings and the outcome of the study. Random sampling was selected for the study because it is essential because it does not only seek to ensure that accurate and reliable responses are acquired from the participants but it is more focused on creating efficiency which in turn creates accuracy (Lim, 2013). Simple random implies that everyone within the target populace has the opportunity of being selected and participating (Lim, 2013). In that, it refers to the random choosing of items from a specified populace and each and every item has equal chances of getting the selection. This strategy will, therefore, be utilized to acquire the most appropriate sample population based on the inclusion features which are knowledge, age, and experience.

Conceptual Definitions of the Key Variables to Be Measured and Measurement

            The study will incorporate descriptive variables which are the major variables which can be explained thoroughly without being compared to any specific item. In this case, the study variables are sentencing and crime disparity which are mainly influenced by racial and socio-economic profiling. Descriptive variables are mainly utilized to generate summary of data, particularly when dealing with a social issue (Lim, 2013). In this context, the independent variables are race and socio-economic status while the dependent variables are sentencing and crime disparities. Ration measurement is the strategy that will be utilized to quantify variables given that it is utilized in conclusions development.

            Data Analysis

            The research will utilize content analysis for analyzing information which will be acquired from qualitative research interviews and questionnaires. This refers to the analysis kind where the acquired information is mainly arranged on the foundation of concepts which helps in developing explanations, patterns as well as comparison (Lim, 2013). Content analysis is beneficial because it helps to ensure that the acquired data can be lowered and simplified based on the developed concepts while still generating findings that can be quantified through the utilization of quantitative strategies (Antonisamy, Solomon & Prasanna, 2010). In addition, content analysis offers the general capability to organize qualitative data in a manner that seeks to fulfill the goals of the study. However, the method is prone to human faults given that the investigators might not understand information correctly which will this create untruthful and undependable conclusions.

            Ethical Considerations

            The study focuses on a sensitive social as well as criminal justice issue and is, therefore, subject to certain ethical considerations. As stated above, all the respondents must sign a consent form prior to their participation. The objective is to ensure that everyone understands that the study is not commercial based and its voluntary and one can decide to exit any given period. Survey Questions

1. What is the root cause of sentencing disparity? (Yes/No) Why?
2. Do you believe that sentencing and crime differences are fueled by socio-economic as well as racial forces?
3. How does socio-economic status impact crimes and sentencing?
4. Mention some of the probable interventions that can be applied in controlling crime and sentencing disparity?
5. Is communal policing capable of lowering crime disparities and sentencing? (Yes or No).
6. Is the society affected by crime disparity? If Yes how?
7. Do the existing sentencing and criminal disparity demonstrate the inability of the justice system or inequality?
8. Does sentencing disparity encourage racial or social discrimination? How?
9. Is sentencing disparity derived from unequal treatment of equally situated persons on the basis of their status?
10. Has the government done enough to address the issue?
11. Has crime and sentencing disparity deterred crime?
12. What does justice to you mean?
13. Should sentencing be consider socio-economic or ethnic status and why?
14. Is it true that the justice system should focus on crime intensity rather than the individual that committed it?
15. Fairness is the only means to deterring crime and encouraging change. True or false?

References

Antonisamy, B., Solomon, C., & Prasanna, S. P. (2010). Biostatistics: Principles and practice. New Delhi: Tata McGraw Hill Education.

Chambliss, W. J. (2011). Key issues in crime and punishment. Thousand Oaks, Calif: SAGE.

Deflem, M. (2017). Race, ethnicity and law. Emerald Publishing.

Ghandnoosh, N. (2015). Racial Disparities in Sentencing: Three Sources and Three Solutions. Retrieved from https://www.acslaw.org/acsblog/racial-disparities-in-sentencing-three-sources-and-three-solutions

Lim, W. M. (2013). Research methodology: A toolkit of sampling and data analysis techniques for quantitative research. Place of publication not identified: Grin Verlag.

Miles, M. B., Huberman, A. M., & Saldaña, J. (2013). Qualitative data analysis: A methods sourcebook.

Shanna V. Slyke, William D. Bales. (2012). Punishment & Society. Pp. 217-246. Vol 14. Issue 2.

Siegel, L. J. (2011). Criminology: The core. Australia: Wadsworth/Cengage Learning.

Tavakoli, H. (2013). A dictionary of research methodology and statistics in applied linguistics. Tehran: Rahnamā.

Van, A. V. (2011). Streets versus suites: Public perceptions about the seriousness of white-collar crime.

Van, S. S., Benson, M. L., & Cullen, F. T. (2016). The Oxford handbook of white-collar crime. Oxford Press.

Vogt, W. P., Gardner, D. C., & Haeffele, L. M. (2012). When to use what research design. New York: Guilford Press.

Walsh, C. (2016). The Costs of Inequality: A Goal of Justice, a Reality of Unfairness. Retrieved from https://news.harvard.edu/gazette/story/2016/02/the-costs-of-inequality-a-goal-of-justice-a-reality-of-unfairness/

Summary of the Types and Common Tests for Legal Jurisdiction

Jurisdiction refers to the power that is granted to a formally constituted legal body to hearing a presented case and resolving issues. In other words, it refers to the power manage impartiality within a specified accountability area (236). Jurisdiction additionally denotes the physical location to which the power can be applied. There are three major types of legal jurisdiction which are territorial, personal as well as theme matter (237). In this context, personal jurisdiction can be described as the power over an individual, irrespective of their site. On the other hand territorial jurisdiction refers to the confined power to a restricted space that includes everything that is present and all the events that occur within the area. Contrary, subject matter is a jurisdiction type that refers to the power over the legal inquiries subject in relation to the event (236).

At times courts normally hold communal or exclusive jurisdiction. In this context, the court holds excluded authority over a given subject or territory and thus the situation can only be addressed by the court (Menthe 71). Where the court holds shared authority, a number exceeding a single court can address the issue. On the other hand, where shared authority is present, the engaged parties can attempt to participate in forum search by presenting the case to the court in which they project that it might address the issue in their favor. In America, authority is abstractly separated amid jurisdiction over the case’s subject issue and authority over personal authority (Menthe 71). When jurisdiction is exercised over a property situated within boundaries of its authority without the consideration of personal jurisdiction the plaintiffs is categorized as rem jurisdiction. Subject matter authority for some courts is usually limited to specified kinds of controversies for example where the presented monetarist value is less than the settled value. In times where the limitation does not exist this is referred to as general court jurisdiction (Menthe 71).

In establishing whether courts holds personal authority in entertaining a subject there are various factors as well as tests that are considered (Wang 4). The chosen tests which are conducted by courts differs from a single state to another and are continuously involved in transitions. These forces and tests include territoriality, general authority, idea, common sensibleness and contacts tests (Wang 4). Territoriality test is mainly exercised by the basic personal authority while the contact test is mainly utilized in measuring the amount of interaction that a certain offender has with a given state. This test in regard to interaction measurement is utilized in America as a civil process in establishing the appropriateness for the application of personal jurisdiction by the court over the offender (Wang 4).

On the other hand, general jurisdiction trails the norm that an individual can be prosecuted on the foundation of any claim even in relation to privileges that are not related to the offender’s association with a state (Wang 4). On the other hand, in a specific jurisdiction, the offender’s association with the opportunity state is highly restrained. This necessitates that any raised claim must arise from the interaction.  In this jurisdiction the cases there should be several actions by which the general offenders purposely avails itself based on the given activities within the opportunity situation (Wang 4). In regard to idea test, the activities of the offender should be both purposely and charitable towards the nation (Wang 4).

Work Cited

Darrel C. Menthe, Jurisdiction in Cyberspace: A Theory of International Spaces,

            4 Mich. Telecomm. Tech. L. Rev. 69 (1998) available at <http://www.mttlr.org/volfour/menthe.pdf>

Faye Fangfei Wang. Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China. Cambridge University Press, 2010.

N.A. Chapter 8 - Dispute Resolution: Jurisdiction, Litigation, and ADR and Chapter 2 Innovations and Inventions.