This article looks at how environmental justice activism works together with state sponsored sustainable urban development. It describes ways through which environmental justice activism is empowered by the ongoing rapid urban development or how its strategies are being affected by the urban development. The article also describes other factors that affect environmental justice activism for example consensual politics and a language of sustainability.
The article explores environmental gentrification that describes how initiatives have emerged in an era of advanced capitalism to shape on the material and expansive measures of the environmental justice activism. The article also describes how environmental gentrification works to ensure that the system works appropriately to promote redevelopment among the low income residents. Environmental gentrification is viewed to serve various purposes or example to promote properness in the political realm, to ensure a consensus based planning based for social and ecological sensitiveness and to lessen profit-minded development. The plan has faced several contradictions hindering the implementation of those plans. Those contradictions are featured in cities globally, as economic disparity increases while municipal leaders strive to promote sustainability. For instance to plant a million trees in the streets by 2030 which contradicts with the city’s redevelopment initiatives that sanctioned large scale developments hence destroying many trees. It also planned to promote biking development which contradicts with the development of a car base project. It would important if this process employs a new way on how to explore the inconsistencies and challenges faced by the modern urban residents as they continue preventing the increased economic and ecological disparities that are causing divisions in today’s cities. From the article, we can conclude that, as the environmental activists work to achieve their objectives, they are limited by other redevelopment initiatives in the cities.
Is Affirmative Action In Australian Universities Self-Defeating In The Fight For Equality?
Introduction
Affirmative action is the strategy for obtaining and enhancing diversity in schools and working places. Affirmative actions can best be described as a policy that offers special consideration to women and the minority groups with the objective of creating equality. Affirmative action in Australian universities is utilized in making decisions in regard to those that should be administered. Not all the affirmative action’s special considerations directed to the minority groups and women are equal since some schools only offer lowered amount of consideration on the grounds of an individual’s race or even sex[1]. The least affirmative action level normally involves an attempt to increasing the general number of education applicants. Despite the fact that more recruiting effort is applied in ensuring that the minority groups and women make their application while making the respective decisions zero considerations are made to select the suitable applicants. Affirmative action justification is that it helps in the creation of tolerant communities since it exposes individuals to a number of cultures and thoughts that differ from their own[2]. However, affirmative action appears to be reverse discrimination that does not make the selections based on achievements but on the grounds of vulnerability. The previous discrimination against some minority groups does not offer any justification to the existing discrimination against those that are not within the minority groups. In the fight for equality affirmative action in Australian universities is self-defeating because it destroys the impression of meritocracy and instead it promotes race and gender as the dominating forces in admission procedures.
Literature Review
Factually failure to admit white students on the grounds of extra points that are received by the minority groups’ students through affirmative action is a representation of reverse discrimination since white students should be given equal treatment on the grounds of merits. Theoretically, it is apparent that affirmative action was mainly introduced so that the past discrimination subjected to the minority groups would be overcome and create an equal society. Despite the fact that eliminating racial, gender and ethnic consideration from the admission procedure would result in harmful effects on the general rate of minority people being admitted to the state’s universities, the general combination of the utilization of admission score average grade points that are supplemented by the special consideration of race can be regarded as a discriminatory strategy in deciding on students admission. In addition, race is not a suitable strategy for evaluating an individual’s knowledge since the admission criteria are supposed to be based on merit in deciding those that deserves an admission[3].
Affirmative action offers protection to the minority groups who are considered to be vulnerable to discrimination but fails to account on offering equal treatment to the non-minority. In that affirmative action is an implication of constitutional privileges. In fact, the Australian law declares that individuals are supposed to be given equal laws protection and this makes the race to be an impermissible force in the selection practices within the state universities. Prioritizing minority and the groups that are under-qualified is a depiction of discrimination which is a reverse discrimination against the white majority since race should not be utilized in disqualification. Educational benefits are mainly influenced by a number of cultural and education diversities[4]. The policies of admission that are grounded on affirmative action hold an impact on the admission office as well as to the environment in which the students coexist. Despite the fact that Australia is characterized by multi-ethnic realism it should be realized that holding differing cultures in the same classroom will not necessarily produce high values in education if the incorporated knowledge is not of equal levels. In fact, the established racial balance that is seen in the working surrounding is the primary result of an economic progress that is particularly positive and not the generation of a pre-fixed qualification that is utilized in the universities which would impact the education purpose negatively.
Affirmative action is not just the only way through which full contribution to the general future of the community can be achieved but the best strategy is to permit individuals with similar intellectual basis to make cooperative contributions for the betterment of the society in general. It is, however, an opportunity to offer to learn to different groups since their learning abilities differ and this creates differing skills that are required in the work market. Without the affirmative action, the most intelligent students who would probably be acquired from the majority groups would fill the classrooms. However, intellectual knowledge should be accounted for prior to race or gender because most students find it to be particularly hard to acquire the necessary learning and this creates a waste of opportunities. In this context theoretical equal chances do not absolutely imply to racial integration this can create the opportunities where students normally prefer to be within the given surrounding where they can only interact.
More so, a racial preference that is grounded on gender can additionally be accounted as discrimination. it is absolutely doubtful that the use of affirmative action in the universities or the working places can be accounted as valid reimbursement, since reimbursement is an individual subject rather than the entitlement of a group thus permitting the minority group to make preferences as per the current does not offer any compensation to the minority generations that were subjected to injustices suffering in the past[5]. Preferences that are mainly formulated in as compensation for the effects of social discrimination should be rejected in order to promote equality[6]. Equality mainly involves offering equal opportunities rather than prioritizing certain groups on the grounds of race rather than utilization of merits. Remedying the past discrimination requires the establishment of the specific discrimination that is to be cured and creating preferences that are only to offer benefits to the vulnerable groups to the necessary degree that can counteract the discrimination effects. This, therefore, implies that both the affected and the majority group’s needs should be accounted in order to eliminate chances of biases.
Australian universities provide all the students with the opportunities of acquiring high education but contrary the institutions tends to be particularly expensive. This remains to be one of the barriers that keep the minority groups away rather than their qualifications. If the objective of the affirmative action is to ensure that the intellectual levels of individuals are increased in equal nature as well as to offer an education that is competitive so that the whole community can acquire the respective benefits then it should ensure that race is not the general preference it fails to generate significant assistance. Students should be admitted on the grounds of capabilities with higher relevance of family income to ensure that those with lower capabilities are considered rather than concentrating mainly on race[7]. It is the goal of every individual to acquire success regardless of their race and this can only be acquired based on extensive hard-work which the affirmative seems to assert for some groups while discouraging that of others. This, therefore, makes it a contrary discrimination where the minority groups are offered more potential and opportunities as compared to others so that they can acquire success. The disagreement that the preference of race does not matter anymore signifies that this is the period of acquiring change in making a more objective strategy in Admission University. The affirmative action tends to be self-defeating in that it only encourages the promotion of student’s admission on the grounds of races rather than focusing on merits.
The goal of affirmative action should be to offer equal as well as fair treatment without the engagement of prejudice. This is the primary goal of the contemporary generation where individuals wish to see equal chances for every individual regardless of their nationality, race, sex or even color. It is thus unfortunate that this can never be acquired while universities continue to favor a number of applicants on the grounds of race. Affirmative action tends to be unfair to the majority groups while harming the minority in a way since the preferred students find it hard to learn with those that have fast learning abilities[8]. This, therefore, makes an affirmative action to be wrong mainly because aggressive determination, good grades, and hard-work should be accounted highly while universities are selecting their freshmen and not being objective through a race. Affirmative action may be undermining the black community’s self-respect because they may tend to feel inferior or not good enough to acquire direct admission on the grounds of merits[9]. On the other hand, the majority may tend to feel discriminated because they are required to work extra so that they can acquire the same chances given on the basis of race to certain people while theirs is grounded on merits.
Methodology and Design
A Research design can be described as the structural plan that is developed and utilized for the aim of investigation the designed research questions. On the other hand, the research methodology is an investigation plan that seeks to acquire answers to the general questions of the study[10]. This study will thus use random sampling strategy as the study’s descriptive design. This will be purposed at investigating whether, how and why Australian universities use of affirmative action can be categorized as self-defeating. The study’s methodology will mainly seek to conduct an investigation of affirmative action within Australian universities self-defeating nature which results in inefficiency in its fight to create equality. Data will be acquired from primary as well as secondary sources which will include interviews, surveys questionnaires, books, peer-reviewed articles, and journals. This approach will seek to generate maximum as well as reliable information within the shortest period while observing cost, reliability, accessibility and dependability.
Research Method
In addition, the study will utilize both Simple Random Sampling and a qualitative in a combination of a quantitative approach that lies within the descriptive design which was selected with the objective of ensuring that biases do not occur. The qualitative design that will be utilized in the study will incorporate the utilization of questionnaires, interviews as well as online surveys. The queries that will be utilized in the interview, survey and questionnaires with be open and closed-ended. This is to ensure that maximum, dependable and accurate information that suits the objective of the study is acquired[11]. In addition, this will seek to ensure that the answers are narrowed down for easier summary and analysis to create uniform data that directly answers the research questions. Random sampling will be utilized fully in the study in order to ensure equality while selecting the target populace. Random sampling can be defined as crucial for the study because it will mainly seek to ensure that all the given responses are dependable and accurate so that the study’s efficiency can be increased.
Random sampling works in ensuring that all the members of a given populace are involved without discrimination which might alter the results. The study will incorporate students and staffs within a number of universities and every member will have opportunity but only the suitable candidates will participate. Both the qualitative and quantitative approaches will be seeking to present answers to the self-defeating nature in general of affirmative action within the Australian universities. The acquired data will contribute in gathering adequate information and this will be supportive in creating more improved understanding of the equality issue on the grounds of utilization of affirmative action. The descriptive approach was selected because it has high potential of generating accurate data, therefore, it will be objected at developing a meaningful purpose set through purposive population sampling through the use of survey, questionnaires, and interviews. On the other hand, the qualitative approach will mainly be utilizing measurable data in the formulation and uncovering of a number of patterns within the study. This will mainly incorporate detailed investigation.
The study will utilize a mixed methodology that incorporates random sampling, qualitative as well as quantitative design so that maximum information can be exploited from the study’s respondents. In addition, this methodology is essential in the provision of direct information that can be utilized in making a comparison for accurate analysis[12]. The findings will, therefore, offer a more firm ground that can be utilized as a form of reference in creating solutions to the issue of racial preference while utilizing affirmative actions in the universities. This will be accomplished through providing future researchers with a range of approaches and grounds for through investigation for more improved recommendations. The incorporation of a mixed approach is essential to maintaining dependability and realness as the acquired responses and reviews can be analyzed afterward based on the availability of adequate and valuable information. Racial preference and the fight for equality is a rather sensitive matter and therefore the study will offer confidentiality to the responses by acquiring consent and observing all the ethical issues such as not revealing the responses and also ensuring that the respondents are free to make a withdrawal from the investigation at will.
Research Approach and Design
The study will additionally conduct a systematic review of the existing literature in offering justification to the established theories that will be created through qualitative research. This will seek to create fresh findings that are grounded on existing studies and the direct responses acquired from the study’s respondents. The study will utilize an inductive study approach. Based on the approach theories the study starts with making particular observations which are then utilized in the creation of general findings, concepts, and conclusions that are acquired from the study. The study plans on accommodating an inductive method because it considers the general context of where the active effort are required in research and it is also suitable for a low sample that leads to the production of qualitative data. The created theories can, therefore, be justified with the utilization of systematic review that offers support to any raised claim thus creating dependability of the study’s results and the question that is under investigation.
Study Setting and Target Population
The study populace will be selected from several universities within the Australian state based on their incorporation of affirmative action in making admission decisions. The setting will, therefore, offer more dependable information from the staffs and students. The general backgrounds of the institutions will be of the essence of the study since it will be useful in determining the general impact of affirmation action use on student’s admission and whether the strategy has acquired significant change and why it is a self-defeating strategy. This will help in establishing why racial preference is destructive as compared to the use of merits. The institutions setting will be useful in solving the presented question by the study based on the backgrounds on embracing diversity. Given that the institutions accommodate minority and the majority groups in equal chances this will be useful in generating concepts to the manner in which equality can be acquired.
Sampling
Objective sampling will be utilized for the study in developing the study’s sample under investigation. This method originates from non-probability sampling approaches where the sample population is generally selected on the grounds of expertise, experience as well as relations[13]. In this study, the selected target holds direct relation with affirmative action use which is the primary phenomenon that is being investigated and this will offer rich data. The target populace for the study will mainly be the institutional leaders and students. The study will, therefore, use students from both the minority and the majority groups in equal nature to balance the responses in general for reliability and also in ensuring that biases do not occur. A list of at least a hundred students and 10 leaders will be utilized which will be acquired from the institution's databases with the school's consent.
A sampling of the research populace will be necessary on the grounds that it is associated with reduced cost, availability as well as accessibility in referent to all the targeted elements. In addition, sampling is crucial to this study on the ground that it is linked to increased processing speed as well as information analysis of all the acquired data as compared to other strategies that are characterized by complexity. This will, therefore, play part in the eradication of biases as well as ensure efficiency and reliability of the study. The sample that will mainly be tested is that of leader’s ad students with more than two working and learning years respectively. This is because based on their experience the probability of getting reliable information in regard to the affirmative action issue is particularly high. On the grounds of this experiences, they will have the necessary capability of answering the research question. The language background of the sample will be English which will work in ensuring that the researcher is not faced with challenges during the interpretation process. Information misinterpretation may lead to inaccuracy given that acquiring an expertise interpreter is quite expensive. Thus the sample populace will be selected on the grounds of their period of learning or working in the institution and minority or majority group.
Data Collection Strategies and Instruments
The research will gather data from a systematic review of the current literature and the use of questionnaires and interviews. For the systematic review scholarly books, peer reviewed articles and journals will be utilized based on their credibility. This will be essential in offering valid and varied justification to the raised claims from the acquired qualitative data. On the other hand, questionnaires will be distributed prior to the conduction of interviews from the respondent’s emails which will be returned to the researcher’s address after completion. The reminders of the tasks will be accomplished through the use of mobile direct messages which will seek to ensure that the specified study period is not altered. After the one week period where the respondents will be filling their questionnaires interviews will take place on the online platform due to convenience, time as well as being cost efficient. The summary and analysis parts will be conducted individually by the researcher in enhancing confidentiality. Filling the consent form will ensure that these privileges are offered to the participants without fail and that the purpose of the study has been achieved. Interviews will mainly be carried out in differing periods to create more time for analyzing the acquired data. This will be accomplished through direct questions to the participants while recording their responses to consume less time.
For the objective of the study’s research question the study will utilize detailed interviews and questionnaires which will be structured half-way. The objective of this approach is to establish the feelings, views as well as the general emotions of the researcher[14]. This approach is advantageous since it will create direct interactions with the respondents. In addition, this will be useful in reducing the non-responsive level as the interview will mainly seek to be interactive rather than objective as this may be too formal which may affect the general ability of the participants. In addition, unstructured interviews are more effective because they create flexibility in regard to the interview’s flow which creates more room for generating conclusions that were initially not anticipated to be acquired in regard to the investigation subject. This will, therefore, be conducted while ensuring that the interviews do not necessary shift from the specified goals of the study.
The questionnaire will be utilized as the interview guide in order for the researcher to be able to guide the responses towards the general fulfillment of the study’s aims. This will create ways through which additional questions can be formulated to maximize the feedback. Participants will be encouraged to offer their views of subjects that the research might not have noted and they feel are essential. This is to ensure that they acquire a sense of being valued and their opinions being respected. In addition, this will help in creating a pleasant and smooth flow of the interviews.
Data Analysis Plan
The acquired data from the primary sources such as interviews as well as questionnaires will mainly be analyzed with the use of content analysis. The data will be acquired in this particular nature to enable a comparison with the information acquired from the existing literature. On the other hand, the existing literature will thus be analyzed with the use of a systematic review. The analysis approach is crucial since it is useful in decreasing the general length of the gathered data as it offers simplification while generating those results that can be evaluated and measured using quantitative approaches. In addition, both systematic evaluation and content analysis provide the researcher with increased capability of structuring data acquired structurally in a way that is mainly objected at fulfilling the objectives of the study. However, this strategy is usually limited by human mistakes because the acquired data might be misunderstood thus creating false assumption which therefore requires adequate governance.
Ethical considerations
This study is a subject to a number of ethical issues given that it is a sensitive matter. As mentioned prior all the respondents will be required to present their filled acceptance in reference to their decision to participate via a completed signed consent as well as an introductory letter. The objective of using the approach is mainly to ensure that all the participants understand that their participation n is fully voluntary, it will only be utilized for scholarly rather than commercial use and that they are permitted to make withdrawals from the study without giving any reason and during any given stage. In addition to the above, the researcher will ensure that the participants are not harmed emotionally since the study will mainly seek to create as well as maintain comfortable surrounding for the responses.
Study Limitation
The sample populace can be categorized as large which will present challenges in the analysis of data but it is essential in enhancing dependability. In addition focusing mainly on qualitative research might not allow adequate measurement of the issue being investigated and most of the participants might withdrawal from participating due to the feeling that they might be betraying their institutions. Others may offer inaccurate data as a form of protection which will affect the research credibility.
Conclusion and Recommendations
It is apparent that affirmative action offers a significant protection mainly to the vulnerable groups in the society against being discriminated while attempting to acquire learning opportunities. However, affirmative action within the Australian universities seems to be self-defeating because it ignores the practice and the consideration of merits and focuses on racial preference. Hard-work, good grades, as well as merits, should be the grounds of consideration to ensure that the majority groups do not feel discriminated upon. Equality implies to the offering of opportunities to all on the grounds of merits for effectiveness to be achieved by considering intellectual levels. Affirmative action should not be utilized as a form of compensation while punishing others to work extra hard to acquire similar opportunities. The study should seek to balance both the primary and the secondary investigation so that a balance of concepts can be generated. It is clear that for the effectiveness of affirmative action to be achieved racial preference as the dominating force should be loosened to create better grounds for assessing individual abilities.
References
Alison M. Konard & Hartmann, L. (2002). Gender differences in attitudes toward affirmative action program in Australia: effects of beliefs, interests and attitudes toward women. Plenum Publishing Corporation.
Antonisamy, B., Solomon, C., & Prasanna, S. P. (2010). Biostatistics: Principles and practice. New Delhi: Tata McGraw Hill Education.
Eveline, J. (1994). Normalization Leading Ladies and Free Men, Affirmative Actions in Sweden and Australia. Elsevier Science Ltd. pp. 157-167.
Lim, W. M. (2013). Research Methodology: A Toolkit of Sampling and Data Analysis Techniques for Quantitative Research. Place of publication not identified: Grin Verlag.
Mark C. Long. (2007). Affirmative Action And Its Alternatives In Public Universities: What Do We Know? Wiley Publication. Public administration review, pp. 315-330.
Palmer, R. (2010). The Perceived Elimination of Affirmative Action and the Strengthening Of Historically Black College and Universities. Sage Publication, Inc. Journal of black studies pp. 762-776.
Sheridan, A. (1998). Patterns in the policies: Affirmative action in Australia. Pp.243-252, Doi: 10.1108/09649429810237088.
Tavakoli, H. (2013). A Dictionary of Research Methodology and Statistics in Applied Linguistics. Tehran: Rahnamā.
Vogt, W. P., Gardner, D. C., & Haeffele, L. M. (2012). When to Use What Research Design. New York: Guilford Press.
[1] Palmer, R. (2010). The perceived elimination of affirmative action and the strengthening of historically black college and universities. Sage Publication, Inc. Journal of black studies pp. 762-776.
[2] Palmer, R. (2010). The perceived elimination of affirmative action and the strengthening of historically black college and universities. Sage Publication, Inc. Journal of black studies pp. 762-776.
[3] Palmer, R. (2010). The perceived elimination of affirmative action and the strengthening of historically black college and universities. Sage Publication, Inc. Journal of black studies pp. 762-776.
[4] Sheridan, A. (1998). Patterns in the policies: Affirmative action in Australia. Pp.243-252, Doi: 10.1108/09649429810237088.
[5] Eveline, J. (1994). Normalization Leading Ladies and Free Men, Affirmative Actions in Sweden and Australia. Elsevier Science Ltd. pp. 157-167.
[6] Palmer, R. (2010). The perceived elimination of affirmative action and the strengthening of historically black college and universities. Sage Publication, Inc. Journal of black studies pp. 762-776.
[7] Mark C. Long. (2007). Affirmative action and its alternatives in public universities: what do we know? Wiley publication. Public administration review, pp. 315-330.
[8] Alison M. Konard & Hartmann, L. (2002). Gender differences in attitudes toward affirmative action program in Australia: effects of beliefs, interests and attitudes toward women. Plenum Publishing Corporation.
[9] Eveline, J. (1994). Normalization Leading Ladies and Free Men, Affirmative Actions in Sweden and Australia. Elsevier Science Ltd. pp. 157-167.
[10] Vogt, W. P., Gardner, D. C., & Haeffele, L. M. (2012). When to use what research design. New York: Guilford Press.
[11] Tavakoli, H. (2013). A dictionary of research methodology and statistics in applied linguistics. Tehran: Rahnamā.
[12] Antonisamy, B., Solomon, C., & Prasanna, S. P. (2010). Biostatistics: Principles and practice. New Delhi: Tata McGraw Hill Education.
[13] Lim, W. M. (2013). Research methodology: A toolkit of sampling and data analysis techniques for quantitative research. Place of publication not identified: Grin Verlag.
[14] Antonisamy, B., Solomon, C., & Prasanna, S. P. (2010). Biostatistics: Principles and practice. New Delhi: Tata McGraw Hill Education.
This article reviews the implications of the ruling in Riley V. California in relation to achieving a balance between individual rights as outlined in the Fourth Amendment and police power. In this case, Riley as the petitioner was stopped for violating traffic rules and he was eventually arrested on the basis of weapon charges. An officer seized his phone and accessed the information therein, which led to the state charging him connection to shooting that had occurred earlier. The petitioner moved to suppress the evidence the police had obtained off his shell, arguing that the search was in violation of the Fourth Amendment. The argument was rejected by trial court and Riley was convicted on every account (Ziv, 2015).
The article begs the question of how the protection guaranteed in Fourth Amendment against unfair searches and seizures will in an age that is becoming increasingly digital. The police are already barred from searching mobile phones in search incident if they do not have a warrant. This raises the question of whether the technology should be allowed to stall investigation while avoiding violating individual rights in the Fourth Amendment. Where technology is changing rapidly, the question arises on whether the courts will consistently achieve the balance between personal rights in a democratic environment and the police power to carry out searches and arrest relate to crime (Lamparello, 2015). Privacy is a basic element in democracy and a Christian view would consider that a democratic environment is necessary to uphold individual rights. Police power should not be extended to violation of basic rights in the process of searching evidence.
Article : Warren, J. E. CIVIL PROCEDURE—CLASS ACTIONS—SOUTHERN DISTRICT OF NEW YORK CERTIFIES CLASS ACTION AGAINST CITY POLICE FOR SUSPICIONLESS STOPS AND FRISKS OF BLACKS AND LATINOS.—Floyd v. City of New York, 82 Fed. R. Serv. 3d (West) 833 (SDNY 2012).
Floyd v. City of New York
This article discusses class actions certified in Floyd v. City of New York in case of arbitrary stopping and frisking of Latinos and blacks by city police. The article highlights the fact that a certified a given class in a case that requested injunctive and declaratory relief against the police department for targeting Latino and black residents unlawfully (Warren, 2012). The balance between liberty and safety and related argument is discussed, where advocates claimed that communities that are faced with violence from within are the best placed to determine outcomes than court judges. As such the people in the community the community are the ones who can assess the flexibility required in policies.
The court should only intervene in assessing the flexibility of such policies if they are not consistent with various democratic values in the Fourth Amendment. In the above case the community leaders the input of the locals was not considered to look into what the residents wanted. Whereas the majority of the white residents supported the stop-and-frisk approach, it had little approval from the minority group who the major target of the police department (Warren, 2012). It is considered as violating the liberty provided for in the Fourth Amendment that guarantee liberty in a democratic society (Clark, 2015). The court while trying to achieve flexibility in application of law may stand in the way of finding the balance between police power and personal liberty. From a Christian point of view , the decision would be based on whether the court’s ruling embrace the role of the community in fighting violence and the possibility of discrimination arising from the program.
References
Ziv, M. (2015). Riley v. California: Can You Hear the Equilibrium Now. Berkeley Tech. LJ, 30, 1283.
Lamparello, A. (2015). RILEY V. CALIFORNIA: A PYRRHIC VICTORY FOR PRIVACY?. Journal Of Law, Technology & Policy, 2015(2), 393.
Clark, D. (2015). "Stop and Frisk" Under Floyd v. City of New York: The Difficulty of Proving a Fourteenth Amendment Violation. George Mason University Civil Rights Law Journal, 25(3), 341.
Warren, J. E. CIVIL PROCEDURE—CLASS ACTIONS—SOUTHERN DISTRICT OF NEW YORK CERTIFIES CLASS ACTION AGAINST CITY POLICE FOR SUSPICIONLESS STOPS AND FRISKS OF BLACKS AND LATINOS.—Floyd v. City of New York, 82 Fed. R. Serv. 3d (West) 833 (SDNY 2012).
It is not ethical to privatize prisons, and this is consequently because it is only the state which has the right to punish the wrong doers (Weiss, 2015). The state therefore dictates the number of years or the type of punishment which should be administered to a criminal through the court which under the organs of the state. The court provides the required punishment according to the type of crime committed. It is not therefore lawful for a private organization to state the punishments of a crime committed (Burkhardt, 2017).
Privatization of prisons would consequently using prisons as a means of earning profits. If a prison is turned into a business, then the country cannot be able to move forward (Burkhardt, 2017). This is basically because the prison owners would consequently run after money, without thinking about the punishment that one is supposed to go through. Prisons provide education, job training, health care, anger treatment and addiction treatment (Weiss, 2015). If prisons are privatized, then this means that prisoners will not get such support, they will not be rehabilitated in any way while in the prison. They will be required to pay for such services, a move which will make most prisoners to only suffer in the prison.
Prisons were created to offer custody and care for the prisoners, the physical health of the prisoners should therefore come first. If this becomes a business, then it means that rich prisoners would have to enjoy their stay in prisons, while those from poor families will tend to suffer (Burkhardt, 2017). This will consequently lead to social classes in the prisons, a move which will make most criminals to participate in criminal activities while in the prisons, and after being released. There will be no fear of being arrested, hence the rates of crime will escalate in the country (Weiss, 2015).
Reference
Weiss, D. (2015). PRIVATIZATION AND ITS DISCONTENTS: THE TROUBLING RECORD OF PRIVATIZED PRISON HEALTH CARE. University Of Colorado Law Review, 86725.
Burkhardt, B. C. (2017). Who is in private prisons? Demographic profiles of prisoners and workers in American private prisons. International Journal Of Law, Crime And Justice, doi:10.1016/j.ijlcj.2017.04.004
The Massachusetts and Pennsylvania constitutions were the first state constitutions in the US, and they therefore helped in shaping the US as a country. The Pennsylvania state constitution was the first constitution in the country, and it was thought to be the most democratic constitution in the world. However, the Massachusetts state constitution was the most democratic constitution in the country, as it treated all people equally regardless of their race, gender or color. Under this constitution, most slaves gained freedom, since the constitution allowed each and every one to enjoy their freedom without being limited by anyone (Jordan, 2012). In addition, anybody could participate in voting regardless of whether they owned land or not. Furthermore, the constitution allowed everybody to worship the Supreme Being that they felt was good according to them. On the other hand, the Pennsylvania constitution was less democratic, since it hard some clauses which seemed bias. According to the constitution, any person who did not acknowledge the religions in the country, could be able to hold an office in the US. This consequently means that atheists and polytheists could were not fit to hold any office. The constitution therefore limited the religious rights of atheists, hence making them to unfit to hold any public office.
The natives viewed African Americans, Indians and women as a threat, and they consequently decided to join the British in war, in order to make sure that their interests remain safeguarded. If the colonists were to win the war, then this meant that most African Americans could be able to enjoy similar rights as the natives (Glenn, 2009). In addition, the US could also become a colony, whereby all the social and political order would have depended on the colonists. They therefore had to support the British, in order to avoid falling victims of segregation after losing the war. If the political and social roles were to change in the US, then this meant that African Americans, Indians and women in the US, could be able to participate in public activities in the US, and they could also be able to hold public office in the country.
Reference
Jordan, R. P. (2012). Church, state, and race: The discourse of American religious liberty, 1750-1900. Lanham, Md: University Press of America.
Glenn, E. N. (2009). Unequal freedom: How race and gender shaped American citizenship and labor. Cambridge, Mass: Harvard University Press.
The two differences between deontology and consequentialism
Deontology theory of ethics refers is a theory that focuses on the way actions depend on particular moral rules. Therefore, under this theory, the action is judged instead of its consequence (Alexander & Moore, 2007). Consequentialism is a theory that focuses on judging the results or the consequences of the action. These two theories have significant differences derived from their definitions and are to be explained in this essay.
From their definitions, we find that deontology is a duty ethics where one is to adhere to a particular rule. For instance when one is caught in the act of theft, a deontologist will condemn him/her on the basis of breaking the rule that one should not steal. Whereas in the same incidence, a consequentialist will judge the same thief basing on the harm caused to the other person due to the removal of his or her property (Jones, 1986). Therefore, deontology rule defends the law whereas consequentialism focuses on the impact caused by a given act.
Another difference between the two is that the judging of the deontologist stands firm depending on whether the action is morally right or wrong (Moynihan, 1993). For instance if one’s action is inherently good, it doesn’t matter what the outcome is. Whereas the judging of consequentialists does not look at the motives or intentions of the doer; for instance an action done with good intentions is judged morally wrong when the results are bad (Jones, 1986). On the other hand, an action done with bad intentions is judged to be morally right if its results are positive.
Examples of how each theory applies to policing
Deontological ethics stresses adherence to moral duties. This notion is important to law enforcement officers who by law, are bound to perform their duties. This theory aims to ensure that correct moral duties are performed basing on the existing rules (Huemer, 2009). This can imply that this ethical system can be applicable in the policing and its judging can to a certain extent be acceptable in the ruling of law. One of the examples is when a thief is alleged of stealing one’s property, he is judged of the act of theft which is morally wrong and similarly in policing theft is against the law. Consequentialism suggests that the morally right action yields the best consequence (Jones, 1986). This theory aims at creating good for oneself. For example if one is alleged of stealing another’s property, the thief is condemned of causing harm to the other person which lawfully right to protect the wellbeing of the citizens.
An insight about ethics in policing
Integrity is a basically an important tool in policing to maintain legality with the public since the police are given power to protect personal rights and defend the law in a fair manner without partiality. Owing to these, police departments have a code of ethics. In most of the countries, it is a requirement for the police to treat all people equally (Banks, 2011). . Additionally, when people act in an ethical manner, it is the duty of police to act fairly and respectfully to the public. Studies have shown that by doing these, they gain cooperation and trust from the people they serve (International Association of Chiefs of Police, n.d.). However, there has been loss of public confidence in the police for a number of years following widespread political corruption and police brutality which has resulted into serious efforts to reform the police.
Book Excerpt: Banks, C. (2011). The importance of ethics in criminal justice. In M. Maguire, & D. Okada (Eds.), Critical issues in criminal justice: Thought, policy, and practice (pp. 6–30). Thousand Oaks, CA: Sage Publications. Copyright 2010 by Sage Publications Inc. Books. Reprinted by permission of Sage Publications Inc. Books via the Copyright Clearance Center.
Book Excerpt: Jones, R. A. (1986). Rules for distinguishing the normal from the pathological. In Emile Durkheim: An Introduction to Four Major Works (Masters of Social Theory, Volume 2) (pp. 65-68). Beverly Hills, CA: Sage Publications. Copyright 1986 Sage Publications Inc. Used with permission from Sage Publications Inc. via the Copyright Clearance Center.
Article: Huemer, M. (2009). A paradox for weak deontology. Utilitas, 21(4), 464–477. Retrieved from Walden library using the Academic Search Complete database.
It is about half a century since the enactment of Age Discrimination in Employment Act (ADEA) of 1967). It was based on the congressional research which demonstrated that the older worker-force was being deprived of equal opportunities for employment due to the unfounded stereotypes attributed to people of a given age demographic. The ADEA is majorly viewed as an outgrowth of 1964’s Civil Rights Act and Title VII which did not include age as being among the five classes it protected. Although it wasn’t unanimous, the sentiment of the majority in 1967 debates in relation to discrimination on the basis of age was quite clear; the stereotype that older employees were facing in United States had to stop.
The goals of ADEA
The passage of this act was done on the knowledge that the older population which was becoming a large portion of the workforce was being subjected to discriminations due to their age. They were being denied their basic right of equal opportunities for employment and prohibition of such discrimination had to be done for a specific age group (EEOC, n.d). Initially, only individuals between 40 and 70 were protected by the act, but the upper cap on age was removed in 1986. Its enactment was aimed at promoting the employment of the older population of workers based on their ability instead of one’s age , prevent any such bias and provide help in solving those problems that arose with a workforce that was constantly aging. On that note, the act prohibits any employer from firing, declining to hire or discriminating against a worker who is 40 years or older only due to their age. This means that it is illegal for an employer to deny worker fringe benefits or pay with age as the only justification (Barrington, 2015).
While the previous acts had succeeded in the elimination of the various blatant types of discrimination, age discrimination had become quite pervasive and the alleviation of long-term unemployment among the older folks had to be realized. Even after not including the aspect of age, the need to remove discrimination against of people in the basis of their age was cast away by Congress. During the earlier periods as the pension’s plans and retirement in 1940’s were formalized, a philosophy was spreading among the business organizations and private industry was to do away with the older workers and employ the younger ones. There was evidence that the main reason why the older generations was not being employed is because of the common assumption that age had significant impact on the job performance (Barrington, 2015). However, the Congress saw the need for considering one’s ability but not their age in considering opportunities for employment. The older workers who were seeking employment after attaining the age of 65 were confronting social barriers and intractable institutional barriers. The passage of the ADEA was aimed at advancing social and economic justice through protection of the rights of group of populations that was most vulnerable. Through the promotion of employment of older persons on the basis of their ability the intended social justice and upholding the rights of the entire population could be achieved (Barrington, 2015). This is because age discrimination at the place of work would affect the financial or economic wellbeing of these people in later days of their life.
Debate and politics preceding the passage of the Act
Efforts by the government to counter discrimination on the basis of age in United States can be dated before the enactment of ADEA which was first done in 1967 and later amended in 1968. The Civil Service Commission had gotten rid of maximum ages for entering the federal employment back in 1965. The Executive Order 11141 that was passed in 1964 had laid down a policy that prohibited discrimination of account of one’s age among any federal contractors even though there was no establishment of procedures that could handle complaints. Moreover, the Older American Act of 1965 had been designed with an aim of encouraging programs and research to help the aged population (Glenn, & Little, 2014). It also stated among its various general objectives that personnel practices that encouraged discrimination against employment opportunities on the basis of age was not allowed. However, this also was not followed by administrative procedures that could ensure the act could be followed in the work places.
Even though actions by the federal government before had been largely ineffectual, there were various state statutes that paralleled federal legislation that were to follow. These had been enacted in early 1930’s and by the end of 1960, there existed age discrimination statutes with established enforcement measures in 8 states (Glenn, & Little, 2014). They were part of Fair Employment Practices Acts of the State and they had laid in place commissions for countering discrimination at the state level. The commissions initially were seeking conciliation as a result of various claims of discrimination on the basis of age. They were also given the power to hear such cases, issue their findings of what caused this problem and seeking court orders for the employer to desist from such practices. By the time the federal legislation on discrimination were being enacted , the function of antidiscrimination commissions across the various states were recognized and followed their own age discrimination laws and they state agencies were responsible for enforcement. The federal legislation started earnestly with enactment of 1967 ADEA which illegalized age discrimination and covered those individuals who were 40-65 years old(Glenn, & Little, 2014).
With an aim of responding to the effect of increasing workers’ average age and a recognition of the problems arising from mandatory retirement and age discrimination, the Congress embarked on enacting various provisions in the period prior to the passage of ADEA. The passage of Civil Rights Act in 1964 had such objectives but failed to proscribe discrimination on the basis of age. However, it gave directions to the Secretary of Labor to conduct a study so as to examine the significance and impact of this vice. The study presented to the Congress by the secretary did not find enough evidence of any prejudice on the basis of intolerance or dislike for the workers who were older. Rather, this discrimination was in general founded on suppositions and its adoption was found among businesses that had concern on efficiency and impact of age on a person’s ability to perform at the work place (Neumark, 2003). There was a correlation found between the cultural deprivation, previous discrimination and the like and cases of race discrimination. The prejudice on age was found to be quite different since it is linked to a person’s ability. Where such discrimination was found it’s more likely to be associated with inaccurate and mostly ill-conceived assumptions about the impact of older age on productivity and abilities. Initially, the ADEA had been established autonomously from Civil Rights Act and included the Fair Labor Standards Act enforcement provisions (Neumark, 2003).
A major reason for deciding to have a separate measure for discrimination on age was to reduce the work load borne by Equal Employment Opportunity Commission whose creation aimed at administrating complaints emerging from the Civil Rights Act. The original Act offered various basic exemptions which included covering only employers with 20 or more individuals, jobs that had a specific requirement on age as a bona fide and those mandating pension plans and early retirement. The courts were motivated interpret this Act liberally so as to achieve the basic remedial purposes provided, which is to prevent the discrimination of older workers. The courts, however, opted for the practical provision’s more narrow analysis. In fact, the Supreme Court had in the beginning declined to adopt a more strict protection level issued to such cases emerging from the application of Civil Rights Act (Neumark, 2003). The view was that given an elaborate opportunity, there would be no expansion of fundamental interest categories or suspect classifications so as to offer sanctions against such kind of discrimination. Those wishing the Court would disregard the provisions of ADEA on mandatory requirements or interpret it narrowly had their hopes dashed by the later favorable treatment. This indicates the rigorous process through which the enactment and acceptance of the law by the court underwent (Neumark, 2003).
The testimony and passage of this Act by the Congress did not go unopposed despite the various reasons advanced in supporting anti-age discrimination. Specifically, some trade unions came out to oppose the ADEA. The National Association of Manufacturers was such unions that argued that the best way of fighting joblessness among the older population was through voluntary efforts. Moreover, opposition for the Act came from Chamber of Commerce which lauded the aims of anti-discrimination. However, the AFL-CIO and Labor Secretary were staunch advocates of the passage of this Act (Neumark, 2003).
Data
By 1967 it had become apparent to many that the elder population were excluded unreasonably from and covertly forced out of the working faction of population. The proof presented before Labor’s Senate Gneral Subcommittee and the Public Welfare showed some worrying statistics which led to the actions taken by the congress. For instance, applicants above 55 years were excluded from about half of all new job positions across the private sector (Glenn, & Little, 2014). Moreover, persons above 45 years were excluded from almost a quart of such jobs while those above 65 years were excluded from nearly all such opportunities. The additional data presented before the Congress also confirmed that this issue was getting worse with time given that jobs were become few; the people who bore the brunt were the older ones encountering the layoffs. For the 1965-1966 period alone, the part of workers outside employment for a month that were above 45 rose from about 30.2 % t0 34.3 %(Glenn, & Little, 2014) . The data also showed that older male workers had a large number that was leaving employment since 1951.
This was a stark picture presented to the Congress, where upon reaching 40 or 45, such workers underwent employment crises. Once they were out of workforce, they found it hard finding new jobs and they would end up becoming so discouraged that they stopped looking for employment. Even though various employment services were established locally to offer counseling, training and referrals, about half American out of a job and who were seeking aid through such services reported that they had not received any assistance at all (Neumark, 2003). It was also noted that state-based statutes on anti-age discrimination had not been roughly litigated in any court. By 1963 such statutes existed in only 10 states and more than half of the complaints that were filed in 1963 came from only three states. Only 10 to 15 complaints had been filed every year with half of them leading to a conclusion that there was discrimination of anti-discrimination laws. In addition, the various state laws lacked uniformity which brought about confusion in the places of work. To be specific, the congressional testimony of 1967 emphasized the fact organizations whose operations involved many states or whose labor force had mobile workforce were being distressed by the conflicting and diverse regulations. A major victim of such impacts of diverse laws of states was the airline industry (Neumark, 2003).
The availed data led to the common argument that perceiving a person as so old at 65 to the extent of warranting mandatory retirement from any industry originates from the era prior to the turn of the century. It was being propagated at a time when “life Expectancy for the population was nearly half of the present Americans and Europeans’ life expectancy” (Glenn, & Little, 2014). The argument further noted that people were not as old in terms of action, thought, mental and physical ability as people were at 40 during the 1880’s. But for some unknown reasons, the American were adhering to the perception that 65 years as being the appropriate age for retirement regardless of the reality that such a notion was outdated (Glenn, & Little, 2014) . There was no concrete reason for forcing people to retire at the age of 65.
The law’s verbatim
The Age Discrimination Act in Employment makes it illegal for an employer to decline or fail to employ or discharge a person or even single them out in terms of compensation, employment terms, privileges and conditions due to one’s age. The employer is also prohibited from classifying workers into groups based on age such that workers are unfairly deprived of employment opportunities (EEOC, n.d). For instance, an old worker may not be relegated by the employer to a certain employment level within a firm and then refuse to promote him or her. The function of the act is similar to the various federal discrimination laws like the American with Disabilities Act (ADA) but it has its own established rules in relation to which the requirements such as the employers covered (EEOC, n.d).
The employers defined in the ADEA comprises of any individual, business organization , labor or legal organization or an organized group of individuals whose organization in a given industry impacts on commerce and has twenty or above workers for every working day in every 20 or more weeks of the calendar in preceding or present calendar year (EEOC, n.d). The definition of the term employee excludes few people from the ADEA such as independent contractors who are not considered employees. Whether a person qualifies as an employee for the purpose of this act depends on the conduct of that individual. An employer - employee relationship must exist for the act to have effects. Persons who are elected in public office, political subdivision are not included, personal staff, immediate advisors of an officer who is elected and their policy makers (EEOC, n.d). The act also aims at providing an exception on compulsory retirement for high policymakers, which means that an employer is allowed to compel an employee who is over 65 years of age or older to retire if they hold a high policy making position , but is entitled to a minimum of $44,000 mandatory annual retirement benefit (EEOC, n.d).
Implications, criticism and recommendations
Since the inception of this law, few implications have been observed among the employers and employees at the workplaces. In fact, only small number of cases regarding the discrimination on the basis of age has been reported and such cases are the ones with clearest evidence and strongest claims. Moreover, only about 26 percent of such judgments have been awarded to workers. It has become difficult for employees to prove such discrimination especially because there are various provisions in this law for some exceptions that are frequently used by employers as their defenses. Such defense applies in areas where there is concern for public concern (Rothenberg & Gardner, 2011).
Even though some positive outcomes have been experienced from the passage of this Act, some empirical research has shown the existence of discrimination on age basis during the post –ADEA period. However , continuous criticism may not necessary mean that law has failed , since anti-discrimination law presumably does not aim at eliminating all discrimination but deterring the more serious and costly ones. In various instances, the various companies, private and public adopt the law to some extent so that a positive employment effect has been achieved. There is evidence to suggest that laws on age discrimination promote the retention of older employees even though cases of new employments are limited (Barrington, 2015).
The full impact of this law started to be realized in late 1970’s, when significant changes influenced the older employee’s legal environment. However, employers have been winning most if the cases that have been fought in the court. The cases that have mostly succeeded are those that are initiated by the government, a difference that could be attributed to the possibility of government initiating lawsuits where the outcomes are likely to favor the plaintiff (Barrington, 2015). However, the Act has been undermined to a point where it does not offer enough protection to the older workforce. It has been criticized because of the notion that it rationalizes discrimination practices due to shift in political consensus as the nation was moving to the right while neo-liberal economics were becoming common. Issues such as increasing cost of hiring older employees due to legal rights have also drawn criticism (Rothenberg & Gardner, 2011). Based on such information, a positive assessment of the Act in the country should be embraced instead of a negative one.
Conclusion
The ADEA was meant to prevent discrimination at the workplace on the basis of age. Before the enactment of the law, evidence was enough to show the existence of such discrimination against the older workforce. The negative stereotypes directed against older workers may offer slight explanation on differential treatment. While there was positive intention of this Act, it may have failed to offer full benefits in practice as employers have largely won lawsuits against such practices.
References
Glenn, J. J., & Little, K. E. (2014). A Study of the Age Discrimination in Employment Act of 1967. GPSolo, 31, 41.
Rothenberg, J. Z., & Gardner, D. S. (2011). Protecting older workers: The failure of the age discrimination in employment act of 1967. J. Soc. & Soc. Welfare, 38, 9.
Neumark, D. (2003). Age discrimination legislation in the United States. Contemporary Economic Policy, 21(3), 297-317.
Lahey, J. N. (2006). How do age discrimination laws affect older workers. Boston, MA: Center for Retirement Research at Boston College.
Barrington, L. (2015). Ageism and bias in the American workplace. Generations, 39(3), 34-38.
In juvenile justice system, disproportionate minority contact is a big social issue which needs effective measures. Minority are overrepresented in the juvenile justice system simplify because of their races or ethnicities. A higher rate of overrepresentation is seen with African American youths compared with White. The following are factors cause DMC;
Differential offending/differential involvement- this perspective uses the attitude that ‘minority commit serious crime that white’. In this case, individual and family factors are used in addressing the cases between minority and white. In dealing with issues between the two groups, multiple domains are used. For example, people use the perception that minority youths are economically disadvantaged, they come from-low performing institutions, they have inconsistent discipline and other many things which are believed to increase the exposure to prosocial behaviors (Russell, 2013).
Differential treatment/system factor- This factor is explained in deeply by bias theory which states that juvenile justice system present punitive treatment toward minority youths. In every stage of decision-making, minority youths are disadvantaged and overrepresented and this shows a vivid picture of racial disparities (Russell, 2013). The symbolic threat theory argues that in the process of decision making, decision-makers follow a social-psychological process which allows them to have the perception that minority youths are threats to public safety. The problem is also explained by attribution and labeling theory which states that internal and external factors and status control the decision-makers and helps them to make conclusion that minority youths are vulnerable to criminal behaviors (Russell, 2013). On this point, Haner (2012) adds that the juvenile justice system use racial stereotyping and focus on demeanor of minority youth and imposes negative treatment such as higher arrest, higher charges and more. The justice system professionals violate laws and policies toward minority youths (Hanser, 2012). The system has a problem as it fails to provide culturally and linguistically services toward minorities. Minority fail to understand the system and end up being incarcerated.
Approaches to decrease DCM
Community-based detention alternatives- the best approach is to develop and implement delinquency prevention programs. The combination of the program with cost-benefit analysis will focus on things such as developing young education, reducing child abuse and substance abuse (Cabaniss et al, 2005). Program such as individual therapy will save cost than other ineffective programs such as standard parole which spends a higher cost. Other point is that the cost-saving problem will improve educational system and give minority youth the opportunity to learn and decrease the time of engaging in prosocial behaviors (Cabaniss et al, 2005).
Data gathering and mapping decision-point-This approach means that data review will help the probation department to review how the system operates in terms of individual bias, arrest, minority-overrepresentation and more (Cabaniss et al, 2005). Mapping the decision in the justice system helps to evaluate the cultural and racial issues and core detention reform. The process will also help to implement cultural sensitivity training and detention alternatives (Cabaniss et al, 2005).
Strategies to decrease DCM
Avoiding subjective in decision-making and focus on objective- this strategy is effective in eliminating racial disparities (Cabaniss et al, 2005). Since officials conduct assessment with respect to race, it is important to address the criminal activities by reviewing the prior record, probation status and the seriousness of the crime. The assessment is effectively done using risk-neutral instruments as it ensures there is no racial and ethnic bias (Cabaniss et al, 2005).
Cultural competency training- This is an effective strategy that would help the officers in the juvenile justice system gain an awareness of DMC and the problems it contributes (Hsia et al, 2004). The training would address the cultural diversity, effect of racial stereotyping and culture different. The training would also reinforce intercultural communication. Under this strategy, I would also propose State leadership which involves DMC subcommittees who act as advocates in creating public awareness, plans and implements resources necessary to reduce DMC in the community (Hsia et al, 2004).
Reference
Cabaniss R. Emily,.Frabutt M. James,.Hendrick H. Mary,. & Arbuckle Margaret.(2005). Reducing
disproportionate minority contact in the juvenile justice system: Promising practices. Aggression
One challenge in dealing with female offenders is the issue of role of motherhood. Majority of female offenders have family and this means that they are unable to cater for their children. The separation with families creates anxiety, grief, shame and stress and their functions compared with men are different (Covington, n.d). They continue to develop prosocial behaviors such as negativism, violation of rule, conflict with other women and other related problems which happens due to ‘resistance for survival’ (Covington, n.d). Research has also confirmed that children whose parents are imprisoned develop troubling behaviors such as depression and substance abuse and there is likelihood that they will become involved in criminal activities in future (Covington, n.d).
One of the challenges faced in juvenile criminal system is that young people suffer from mental health problems. Juvenile incarceration creates long-term problems in that they do not get correctional facilities and they get minimal services (National Research Council et al, 2001). On the same note, juvenile crime rate is high and this increases overcrowding. Secure detention is associated with negative effects as much as the well-being of the offenders is concerned. Hence, are no effective laws and practices to address juvenile cases and this is a challenge which need to be addressed (National Research Council et al, 2001).
To address the challenges faced when dealing with female offenders, gender-responsive interventions should address this issue by establishing program development, culture of treatment and more (Chesney-Lind, Morash & Stevens, 2008). The latter will change the lives women and help them live a meaningful life. The purpose of the program is to ensure healthy relationship and mutuality between offenders and correctional staff (Chesney-Lind, Morash & Stevens, 2008). The programs will also ensure social support and assist women in alleviating special disruptions. To address the challenges in juvenile criminal system, it is role of federal government to provide funding to the States and develop community-based alternatives to curb secure detention (National Research Council et al, 2001).
Reference
Chesney-Lind, M., Morash, M., & Stevens, T. (2008). Girls' troubles, girls' delinquency, and gender
responsive programming: a review. Australian & New Zealand Journal of Criminology, 41(1),
162–189. Retrieved from Walden library using the Academic Search Complete database.
National Research Council et al (2001). Juvenile Crime, Juvenile Justice. National Academies Press
Covington S. Stephanie. N.D. A Woman’s Journey Home: Challenges for Female Offenders. Urban
The reason as to why I chose this case was because of the type of justice rendered to the crime suspect, even though the new laws had already been adopted, and the courts hads done away with the old forms of law (Fisher & Harriger, 2009). This was a rape case, whereby Kennedy, from Harvey Louisiana, was found guilty of both raping and sodomizing his own child who was eight year old, thus being sentenced to death. The evil act had been conducted in the year 1988, where the victim was left with a lot of injuries. The child’s perineum, was tone thus separating her vagina from the cervix. The child’s rectum had protruded through her vagina, thus making her to bleed profusely. A quick surgery was however conducted in order to save the child’s life. According to the new laws, a person can only be sentenced to death, if the offence led to death. In this case, the victim did not die. Moreover, a quick surgery was conducted in order to protect the victim’s life and she became well. This law was however not applied by the Supreme Court when rendering the judgement, simply because the victim was a child (Fisher & Harriger, 2009). The type of judgement rendered was through the application of an old law which had been done away with, thus making it insensible to use a law which had been dropped, and a new version of the had been adopted. I am not in any way advocating for rape against children, but what I am trying to say is that the law should be followed to the latter, even though a case might involve a very serious crime.
Reference
Fisher, L., & Harriger, K. J. (2009). American constitutional law. Durham, N.C: Carolina Academic Press.
Kirchmeier, J. L. (2015). Imprisoned by the past: Warren McCleskey and the American death penalty.
Chile and Brazil about Property Rights, Labor Laws and Location
Chile
The Chilean labor laws provides for the workers’ rights although there are some limitations. These provisions include voluntarily formation and joining unions of one’s choice, bargaining collectively and conducting strikes. There are prohibitions of antiunion practices and reinstatement or compensation is required for those employees fired for taking part in union’s activities. The legal framework, however, allows negotiations between employers and negotiation groups not related to the official union. The law requires that a minimum of 85 percent of workers hired by an employer should be Chilean unless the firm has less than 25 workers. A Foreign Investment Agency voluntary mechanism allows foreign firms to certify a need for a bigger number of foreign workers and technical staffs that are irreplaceable are not included in the calculation of this percentage. It gets 0 for average risk. The country has tenable interest property and a reliable system that allow mortgages and other types of liens to be recorded. The country does not restrict non-resident or foreign investors to lease or acquire land. Chile’s regime for intellectual property is strong but there some exemptions and intellectual property protection obtains TRIPS Agreement standards. There is a provision of transparent and fair application of compulsory licensing, copyright holder’s exclusive rights and a system for voluntary notification. There various problems relating to legislation remedies and implementations of measures for right holders and a lax in such implementations. Chile does not appear in the USTR’s Markets List or a counterfeit physical market, pirated products or a platform for online sites that promote infringement of IPR. On this the country gets a score of 1 for low risk. Its location does not pose a great threat in relation natural disasters and weather, or proximity to other markets, a score of 1 for low risk
Brazil
The country mortgage registration system is not standardized and its adoption is uneven. It also has an improving Intellectual Property Right protection and enforcement system that includes various regulations and laws. Even though the country does not largely produce pirated and counterfeit products, there are concerns for increasing case of online IP violations and attitudes of the society towards buying counterfeit products remains permissive. Copyright laws are being revised and hopefully they will ensure more property rights protection and especially digital issues. The intended improvements give Brazil a score of 0 for average risk. Brazil has a costly and complex system which is governed by the Consolidation of Brazilian Labor Laws. The labor laws involve a lot of state interventions by the government in comparison to United States. Disputes are handled in court with little labor agreements between employer and employee or private arbitration of labor disputes. Lay off workers is also expensive when interests, FGTS accounts, 50 % fine and monetary adjustment are included. Even though there is a provision for labor unions, laws do not encourage collective bargaining. The country scores -1 for high risk. Its location is good for serving South American markets even though its location close to the equator present disease challenges to expatriates. It gets score of 0 for average risk.
References
U.S Department of State, 2015. Investment Climate Statement – Brazil. Retrieved from: https://www.state.gov/e/eb/rls/othr/ics/2015/241494.htm
Vicarious Liability of Parents for Crimes Committed by their Children
A person is guilty of committing an offence, when a child or a young person whom they have responsibility to commits a crime (Lippman, 2013). This bill was passed in order to make sure that parents are able to take good care of their children, hence preventing from committing any crimes. Moreover, the bill seeks to improve parents’ responsibilities when it comes to their children. The bill therefore acts to make sure that parents take good care of their children, due to the fear of being held liable, if their children commit any form of crime.
According to my point of view, I strongly believe that vicarious liability of parents for crimes committed by their children is significant (Lippman, 2013). This is basically because, most parents have neglected their children, thus making them to develop negative behaviors. Furthermore, some parents do not spend most of their time with their children, thus making it hard for their children to be able to learn on ways of living a positive life.
The main objective of this bill is to encourage parents to spend more time with their children, teaching them about proper vices in life (Lippman, 2013). In addition, the bill seeks to significantly reduce crimes committed by teenagers, hence allowing them to reach their future goals. The rates at which teenagers are indulging in crime has gone up, and this is the only possible way, which can be able to reduce the crimes committed by teenagers. Parents will therefore be on high alert, to make sure that their children do not commit any crimes whatsoever, due to the fear of being held liable.
The main reasons as to why Africans don’t trust their judicial systems is the high costs, corruption, unfair treatment and the lack of trust. In addition, the cases are usually delayed, a move which leads to spending a lot of money in order for the case to be finally solved. The poor in particular, are the ones who tend to suffer, since most judges tend to favor those who are rich. 53% of Africans in different countries trust their courts, whereas 47% do not (Chukwurah, n.p). The rich are usually favored, simply because they can be able to bribe the judges, thus making them to be favored. Africans therefore trust religious leaders more as compared to courts. In countries such as Ghana and Liberia, the levels of corruption in the judicial system are very high, making it hard for the poor to be able to get just rulings.
According to my point of view, the levels of corruption in Africa are very high, a thing which is likely to affect the future of the continent. Moreover, the leaders are also corrupt hence further affecting the whole country (Chukwurah, n.p). If citizens cannot be able to trust the judicial system of their own country, then it means that the country is heading in the worst direction. A lot needs to be done by African countries in order to ensure fair judgement in the judicial systems.
The only way that Africans can be able to trust their judicial systems, is through electing leaders who are not corrupt. Electing leaders who are not corrupt will consequently help in managing the issues of corruption in the judicial systems (Chukwurah, n.p). This is majorly because, electing a leader who is not corrupt will allow the leader to change the whole judicial system, thus focusing on dealing with corruption in the country.
Work Cited
Flourish Chukwurah. Why Africans get a Raw Deal in the Justice System. Cnn.com. 2017. Retrieved from: http://edition.cnn.com/2017/05/05/africa/access-justice-africa-view/index.html
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