The sixth amendment seeks to provide all citizens with their rights to counsel, proper access to witnesses, a speedy trial and an unbiased jury (Finkelman, 2014). This therefore allows all citizens to be able to feel free while presenting their cases in the court of law. However, in high profile cases, the media may influence the decisions of the jury, through providing pretrial information to the public, hence affecting the perceptions of the jury concerning either the accused or the defendant. In order to protect rights of either the accused or the defendant which might be threatened by the media, the court employs the following ways (Emanuel, 2009). Gag orders on the hearing of the participants, this order therefore restrains the members of a trial from making extrajudicial declarations, particularly when there is a likelihood that the detrimental publicity may hinder a fair trial. In addition the court may also forbid the media from publishing and presenting any information to the public which may deter a fair trial.
Even though the sixth amendment provides ways through which trials can be protected from the media, the media may sometimes publish the story without the consent of the court (Finkelman, 2014). In addition, due to recent technological advancements, people can take it to the social media, where they can discuss and even pass information concerning the trial. This therefore hinders the court from being able to provide a free and fair trial (Emanuel, 2009). In addition, the public’s perception concerning someone may also hinder a fair hearing, through the use of the social media, since most people take it to the social media to discuss matters which might not seem to be fair. This has therefore made it hard for the courts to be able to render fair judgements, due to the alteration of information by the public.
In the year 1932, a number of African American youths were charged and sentenced with raping two other young women who were whites. The African Americans appealed to the Supreme Court, where it threw out the convictions. This was because the accused did not have an attorney to represent the in a court as the trial progressed (Emanuel, 2009). The case had earlier on been done hastily since the accused’s were young and they did not have necessary funds to hire an attorney.
In the year 1938, two Marines from the United States had been found guilty of possessing fake money, and they were therefore convicted. They were charged and convicted on a single day, and the court did not allow them any attorneys (Emanuel, 2009). The court was then forwarded to the Supreme Court where it overruled against the lower court, sighting that the accused had been denied the right to be represented by an attorney in a court.
In the year 1963, an accused requested the court to appoint a lawyer for him, but his request was denied. This was because in Florida, courts could only appoint defendants in death penalty cases. The accused was therefore convicted and after filing an appeal, the Supreme Court overruled the sentence in his favor (Emanuel, 2009).
The most important part of the sixth amendment, is the rights to have a lawyer to represent the accused regardless of whether one has the potential to pay the lawyer (Finkelman, 2014). The sixth amendment ensures a fair trial through allowing the accused can have a lawyer who can also be paid by the government if the accused is not financially stable. Moreover, the court ensures that the lawyer provides the support that the accused requires in order to ensure a free trial (Emanuel, 2009). The court therefore allows the lawyer to vigorously defend the accused in the court, thus ensuring that the jury gets to make a free and fair trial. The accused can therefore be able to enjoy his or her own rights of protection due to being provided by a lawyer in the court of law. If this aspect was therefore omitted from the sixth amendment, then the court could not be able to hold a fair trial, since the accused could not be able to defend himself or herself in the court.
Reference
Emanuel, S. (2009). Criminal procedure. Austin: Wolters Kluwer, Law & Business.
Finkelman, P. (2014). The Supreme Court: Controversies, Cases, and Characters from John Jay to John Roberts. Santa Barbara: ABC-CLIO.
Capital punishment entertains development of differing ideologies in the community. For instance, some people belief in capital punishment whereas some other groups disregard the activity. Arguably, capital punishment is associated with affluent definitions which are basically founded on moral aspects. For instance, some advocates belief that capital punishment is an effective strategy of managing social deviances whereas others disregard the act developing that it contains significant elements of inhumanity. Hesitatively, controversies develop from the opinion raised by the Supreme Court of the United States that emphasizes executions are not unconstitutional. According to the opinion of the Supreme Court, capital punishment does not violate expectations of contrary groups represented by the Eighth Amendment disrespects unusual punishment due to its inhumanity. For that reason, various perspectives have emerged such as the utilitarian perspective that supports the act and contrary perspectives that means to abolish capital punishment. To be certain, these perspectives endorse crucial impacts on the determination of perfect strategies of holding justices since both constitutional and philosophical aspects must be indicated in processes for social ethicality.
Retribution
Arguably, capital punishment is enhanced by advocates’ beliefs on matters regarding to the needs of managing harmful deviances in the society. It is logical to illustrate that most advocates base the relevancy of capital punishment on Social beliefs that mostly devalues acts that violate social ethics. For that reason, the perspective of retribution is commonly used to back capital punishment demonstrating it as a method of avoiding and condemning people characterizing attributes that reflect potentiality of social harm. This perspective illustrates that offenders of social ethics should be punished in ways that reflect social annoyance towards unconditional behaviors or activities. For instance, Pojman & Vaughin (2017) discusses Justice Stewart’s opinion that it “is an expression of society’s moral outrage at particularly offensive conduct” (732). Advocates as well contemplate that unusual punishment does not violate human worthiness and dignity of criminals in the society instead it is used to signify dignified consequences that suits offensive conducts. In dissimilarity to philosophical attempts to outlaw capital punishment, retribution insists that the punishment is actually meant to define dignity of offenders who characterize activities of harmful deviance which in real sense facilitate development of negative pressures in the society. This perspective develops coherent ideas of explaining constitutional transparency of retribution. For instance, retribution is based on the social scheme that capital punishment perfectly illustrates moral disrespect for offensive deviances. On the same note, vengeance is used as a method of sustaining moral beliefs by forbidding existence of unconditional crimes in the community. Some advocates such as Denning opinion that offenders of mischievous crimes deserve capital punishment in order to reflect moral guidelines which in actuality demonstrate the significance of ethical activities in the society (Pojman & Vaughin, 2017). Additionally, Leiser illustrates that “death penalty based on retributivism actually affirms the offender’s dignity and worth” (Pojman & Vaughin, 2017. Pg 732),
Nevertheless, retribution is as well attached to some governmental theories which hold the duty of hindering and managing acts of harm in the society. As a result, a number of beliefs approve the use of capital punishment by developing opinions that consider it as a method of ensuring immediate justice in their surroundings. Advocates illustrates the need to impose capital punishment implying unusual strategies of enhancing its success since social beliefs indicates the relevance of applying cruel methods to control social abnormalities. Additionally, advocates emphasizes that capital punishment should not be abolished since the act accomplishes social necessity of vengeance. They believe criminal offenders should receive punishments that seemingly represent harshness of their behavioral deviance. For instance, Boyer (2015) exemplify that offenders face executions with procedural activities that “inscribe the letters of the law he has violated” (pg 84). In most a times, capital punishment is fueled by social beliefs that people should embrace self help hence development of harsh procedures of curbing social irregularities. Most supporters of this perspective believe in governmental strategy of imposing cruel executions or death penalties to criminals given that various beliefs order elimination of offenders of certain crimes.
Advocates present definite reasons as to why capital punishment should be used as a legitimate option of controlling acts of deviance that may fuel uneasiness in the community. The ability to indicate the importance of enhancing retribution can be termed as its primary strength. It is logical to indicate that the main reasons presented by this perspective interpret significance of retribution. For instance, advocates strongly illustrate that vengeance is plays an important role of reflecting societal grief towards certain crimes (Georgia, 1976 Pg178). Additionally, the perspective has potentially enacted a coherent link between its beliefs and governmental roles on sustaining moral values. Its strength is attached to the ability to declare that retribution is to a certain extent meant to eliminate root causes of unusual behaviors from the society. However, the perspective fails to limit extent, to which retributive justice can be applied and so, failure to illustrate extent of applicability defines its main weakness. For instance, retributive justice raises a general perspective that every deviance in the society deserves such punishment regardless of its measure in accordance to moral values.
Contrary, social critics’ specifics notions implied by the Eighth Amendment to highly repute capital punishment. Critics repute the act of retribution developed by advocates as a result of ordinary beliefs emphasizing that it violates actual aspects of morality in the contemporary world. For example, Hugo Bedau illustrates that “no more violence than is necessary to adequately punish the criminal” (Pojman & Vaughin 2017 pg 737). The perspective developed by critics basically revolves on the need to show social respect for each individual in the community. It claims that societies and law enforcement should impose aspects of human dignity and other moral principles when evaluating procedures of sustaining justices. Nevertheless, this perspective critiques that procedures meant to bring up justice should not deviate from principles of social morality. Importantly, critics speculate that justices should not always rely on the perspective that offenders should face death penalties since the idea at times contain affluent assumptions (Pojman & Vaughin, 2017),
The primary goal of social critics is to ensure that procedures of holding justice entail considerable elements of social ethics. It reputes legitimization of uncontrolled retribution by specifying that it defies aspects of human dignity or rather violates moral guidelines. For instance, capital punishment in a variety of occasions encompasses violent procedures which disobey principles of humanity. On the other hand, philosophical reviews critique that capital punishment are unresponsive which may hinder social integration. The basic idea raised by this perspective is that unresponsive retribution violates definite elements of moral worthiness hence the need to abolish its continuance.
Justice Brennan supports termination of capital punishment by demonstrating that the practice is morally unacceptable. He claims that capital punishment insinuates human beings as worthless objects that can be eliminated from the society with fewer moral considerations (Pojman & Vaughin, 2017. Pg 734). He insists that justice should accept that every human deserves moral respect regardless of his or her social deviance hence mechanisms of controlling such acts must comply with moral expectations suggestible they must not be oppressing. Brennan disregards unconditional vengeance claiming the practice hinders attempts of building up social equality by communicating significance of social respect
However, philosophical perspectives ascertain that retributive justice may be ethical in some occurrences. For example, retributive justice can be applied in situations whereby wrongdoers accept and accounts for his or her social blames. Retribution justice is a viable method of indicating legitimate condemnation in situations whereby wrongdoers indicate intentional motives of defying moral jurisdictions. Such circumstances may be availed in illegitimate practices such as terroristic activities for personal gains. All the same, critics warn that termination of lives in such cases should as well follow constitutional laws in order to present morality. For example, courts may sentence offenders associated with terrorism attacks in order to protect lives of many societal members.
Critics fail to offer definite categorization of crimes that deserve death penalty and those that require alternative punishment which shows a substantial weakness. For instance, it provides complicated reviews which bring about differing notions in the determination of offensive crimes that should face death penalties. Nevertheless, the process is time consuming hence it takes to long before justice is accomplished.
It is important to state that critics provide reliable overviews of holding justice in the society. Therefore, overviews of critics can be considered as the best perspective of solving social deviances in the society, For instance, they equitably relate their perspective to moral guidelines hence illustrating the need to respect human dignity under any circumstance. This perspective ensures that community bond is not destroyed since it essentially communicates the importance of critiquing elements of humanity when showing justice.
References
Boyer, D. W. (2015) "Kafka's Law-Writing Apparatus: A Study in Torture, A Study in Discipline," Yale Journal of Law & the humanities: Vol. 27: Iss. 1, Article 2.
In the legal arena, tort reform is a debatable issue which is connected with personal injury lawsuit. Tort litigation is an issue which has introduced the debate in that for many years, business have experienced high liability insurance premiums, low corporate profit, low productivity, poor risk management and lack of development. In addition, high tort costs have negatively impacted the economy. Advocates of tort reform argue that the system will eliminate the oppressive tax which is brought by excessive damage awards. Opponents argue that the system will rely on a blanket approach and will offer unfair judgment. In addition, they argue the process will hinder effective investigation on malpractice damage. It is important to understand that tort reform plays a significant role in creating and implementing common law rules which dissuades the offensive jury verdicts. Since the current tort system is associated with many problems, tort reform is a significant process which will eliminate unreasonable litigation.
Unreasonable lawsuits are a big problem facing the civil justice system. Many plaintiffs have been involved in cases where they present frivolous lawsuit, astronomical punitive damages and more. This issue is a significant concern because the society or the defendants are culturally disempowered and unable to express their actions. For example, Texas has been involved with many tort cases and this has raised the need for tort reform. In Texas, many plaintiffs bring frivolous matters which increase lawsuits Daniels, (Stephen & Joanne, 2). Tort reform is also important in order to eliminate the litigation lottery. The latter means that plaintiffs present frivolous matters for personal gain. This leads to ‘jackpot justice’- plaintiffs are compensated with Jumbo verdicts.
Other prong is that tort reform is useful in protecting business from paying high malpractice insurance rates. Given that there are many cases of unreasonable litigation, business face outrageous insurance premiums which are accused by undeserving parties and greedy plaintiffs. For example, healthcare industry faces big challenges due to unreasonable litigation. Currently, plaintiffs who present healthcare issues use tort litigation as a defensive medicine (Christensen, 262). This creates judicial hellholes where physicians are unwilling to work and lose morale due to high insurance premiums, judicial verdicts and high health care costs. Tort reform will eliminate the undeserving parties such as injured plaintiffs and attorneys who fill lawsuits without justification. In current civil justice system, plaintiffs present tort litigation to the legal system to make profit. Note that trial lawyers are also greedy and they work for the purpose of making money but not helping people (Christensen, 263).
Since tort reform will involve damage caps, the process will reduce unreasonable litigation through placing a limit on liabilities, non-economic damage and joint damage (Pierce, 923). This will play a significant in reducing malpractice premiums. Other important point is that tort reform will modify the liability structure and create strict rules on compensation.
Finally, tort reform is the best way to impede lawyers from becoming wealth and profitable. It will create a public relation effort where the participants will ensure that lawyers’ practices are not financially precarious (Vairo, 4). Court-centered litigation will reduce through implementing legal safeguards. The important thing with tort reform is that it will identify and address intentional torts, negligence and strict liability (Vairo, 4). On the same note, plaintiffs will be forced to provide evidence of wrong doing and surmount legal defense. The rules will hinder the plaintiffs from filing illegal lawsuit, plaintiffs will not obtain jury trial and there will be restrictions on money to be compensated.
Work cited
Ruschmann, Paul, and Alan Marzilli. Tort Reform. Philadelphia: Chelsea House Publishers, 2006. Internet
resource.
Daniels, Stephen and Joanne Martin. "Where Have All the Cases Gone? The Strange Success of Tort
Reform Revisited." Emory Law Journal, vol. 65, no. 6, July 2016, pp. 1445-1490. EBSCOhost,
Case Study Analysis: Whole Foods and the Affordable Care Act
Letter
My suggestions on alternative to Obamacare first highlight the need for health care reforms which are needed to resolve the health care problems in the country. My suggestions were based on the democratic right of expression with no aim of taking political sides or offending people who may have different political view to mine. My arguments at alternative the alternative solutions but not to blindly oppose the position held by the beneficiaries of the Obamacare program. I wish you objectively understand my assertion on the basis of policies but not political ideologies that may cloud the business relationship that we have developed over the years.
I could relate my insights to food as a basic need. There is a reason to be concerned if people lack enough food and we have programs whose aim is to ensure sufficient food for everyone. However, this does not mean that agricultural sector be deregulated because people are in need of food. In the same case, health care regulation should not be looked at from this point of view. Therefore, I hope that young rationally reconsider your position of cutting the business ties based on democratic and unbiased personal view.
Presentation
My decision to write the op-ed piece on alternative solutions to Obamacare reforms was informed by the belief that there is a role that green-minded firms like Whole Food can play in this process. It was based on the desire to have a public debate on available alternatives to the proposed health care reforms which should be considered. The aim was not to paint the company in bad light or an indication that we are not in touch with the American economic challenges brought about by the inefficient health care system. There was a need to bring rationality to the facts on surrounding Obamacare reforms considering the economic issues related to the deficit in budgets and the impact to businesses. The backlash arising from my article was not at all anticipated.
To respond to the publicity arising from the article, I have decided to act decisively and honestly. I wrote an article in response, in which I explained the views as being my personal opinion and not the position of the company. I expressed the need to respect other peoples’ opinions on the subject since the issue was out for public participation. I also issued apologies to those stakeholders who may have felt offended by the same.
Communication process
The communication process involves identifying the purpose, analyzing intended audience, considering the context and analyzing the right communication method. Identifying the purpose involves the issue being addressed and the desirable outcomes of communication (Walker, 2014). The purpose of the article was to address other methods that could replace Obamacare in health care reforms which were clearly covered with a desire to generate constructive debate on the topic.
Analyzing ones audience involves considering the primary and secondary recipient of the message so that to set the right content, tone and medium (Walker, 2014). While John Mackey chose the right medium, he did not consider that his recipients involved the public with members having divergent opinion on the subject. In that case, he should have clarified that the views in the article were his opinion and not the company’s opinion which could have prevented placing the firm in contention with the public. Content analysis is assessing whether on knowledge on the issue and evidence for message completion has (Walker, 2014). The writer had the right content of the message which he used to assert his position and views on health care reforms needed .Analyzing the medium helps in choosing the right medium for message delivery or communication method (Walker, 2014). Mackey chose the print media as the method of communication.
Reference
Walker, R. (2014). Strategic management communication for leaders. Nelson Education. 189
Mackey ,J.,(2009).The Whole Foods Alternative to ObamaCare Eight things we can do to improve health care without
Hello! How have you been, I hope this letter finds you in the best of spirit. I am sorry I have never written you any letter before, but I hope you are doing well. I am doing okay this side too with my studies as well as career building.
My name is … an accountant student at the prestigious University of Pennsylvania. In addition, I also have a professional passion and interest on law and currently attending a law in the same university. In one of our law class lessons featuring professional crime and execution, we covered your documentary entitled “unraveled” as a case study. I am writing to seek more clarity and information, share out my viewpoints about your situation concerning my assignment the answers you gave will very critical and of value to tackle my assignment effectively.
Well, with due respect, while watching your film I happened to notice some scenes, which are so controversial and important for my assignment too. Throughout the film, you have been portrayed as a wealthy man leading a lavish lifestyle. Some of the mentioned include the $ 12 million home in the Hamptons, an $ 18 million yacht and all the other profit emanating from the law firm. Contentiously, later you posit that your dissatisfaction of life personal life compensation in the careless acquisition of possession and money. Therefore, the above episode Dr. Marc forms the basis of Amy question to you. If you claim that at one point in time, you had to ask compensation by a reckless acquisition of money, what then is the meaning of the ploughed back profits from the legal firm, the luxurious, and expensive homestead, and yacht to you?.
In addition, in the film, you are revealed not just as high ranked and powerful but whip-smart something was shown in your questioning session. Besides, you also one of the best law schools in the entire world, Harvard, and Yale law schools. With all this stature a level of education, passion and money ownership what does the idea of swindling and borrowing money beyond repay meant to you. Besides, does your quest to your quest to lead a luxurious lifestyle and maintenance of your business justify your embezzlement of $ 400 collected million from hedge fund and private individuals. You also seem to compare your white-collar crime with to Bernard Madoff who you claim decimated the savings of ordinary American. In your view, should a degree of the offense committed by a criminal be a default or a weigh scale of law implantation?
In legal fraternity, every violation of the law or commission of an offense guarantees a penalty. Moreover, the laws also have it that a suspect remains innocent until proven guilty by the courts of law. In that line, some of these punishments include serving a term in prison, serving a lifelong time in prison, and death sentence. Following your comment during the prosecution and even showing fear to prison life I, therefore, pose to you this question. As a witness having spent some of your time in prison after a court prosecution and conviction, do you think victims of such fraudulent, as your and even other forms of law violation deserve such punishments?
I will be looking forward to a positive response; please write back I will be waiting for your reply.
There are three branches of government namely legislative, judicial and executive. The legislative branch of government is involved in making laws. The Senate and House of Representatives are the composition of the legislative government branch (Boothroyd, 2015). The executive branch implements the laws made by the legislature. Executive is made up of the president, cabinet members and the vice president who ensure the laws are implemented and carried out. Judiciary branch is able to evaluate the already made laws. The branch is composed of the court system with the highest cost being the Supreme Court then followed by the other federal laws (Dempsey & Forst, 2013). Law enforcement follows under the judicial branch of government which evaluates the laws made by the legislative branch. Law enforcement especially in the US, court systems and corrections are the major components of the criminal justice system. The systems operate semi independently though they are all involved in criminal investigation and administration of punishments. In addition, courts have the power to come up with legal determinations in regard to the conduct of law enforcements and corrections. Law enforcement is seen to operate mainly through the governmental police agencies. The law enforcement agencies are involved in carrying out investigations on criminal activities. The law enforcement agencies then take their investigative reports to the courts for the courts to determine the fate of the criminals. The legal agencies are entitled in deterring crimes and preventing successful criminals from carrying out criminal activities. The law enforcement agencies may have other functions such as enforcements of warrants and perform other duties ordered out by the courts (Dempsey & Forst, 2013). The agencies are also involved in handling emergencies that threat the lives of people, protect public and government infrastructure and protect government officials among other public services.
There are different types of law enforcement agencies that are used in evaluating the government laws. Federal agencies are the largest agencies then down to the smallest agencies known as the police departments (Conser, Paynich & Gingerich, 2013). The type of job to be carried out depends on the agency type, its size, mission and even the jurisdiction. Therefore the right agency needs to be selected when carrying out all activities and jobs. Federal law enforcement agencies are the largest and perform most of the large jobs. There are 27 offices of the inspector general as well as 65 federal agencies with personnel employed on full time basis and authorized to be in possession of firearms and make arrests as well. Examples of federal agencies with the highest numbers of personnel include Federal Bureau of Prison, the FBI, US Customs and Border Protection and the US Immigration and Customs Enforcement (Conser, Paynich & Gingerich, 2013). The federal agencies have over 15000 trained personnel to ensure criminal activities are deterred. There are over 16000 state and local law enforcement agencies. Most of them are operated by the local governments and are of several types. Local police, highway patrol, special jurisdiction police and deputy sheriffs are examples of the state and local enforcement agencies. The law enforcement agencies should be accredited for them to work for the public. Commission on Accreditation for Law Enforcement Agencies (CALEA) ensures that the law enforcement are accredited and allowed to provide services to the public (Conser, Paynich & Gingerich, 2013). CALEA has enrolled over 800 federal agencies thus ensuring they are legible to provide services to the community and state at large.
Serving and protecting the public- the work of most law enforcement agencies is serving and protecting the public. The police ensure that they help out the communities in times of disasters and any other emergencies (Delattre, 2002). For instance when a natural disaster happens, it is the duty of the police since they are trained to help out the public and ensure they save many lives as possible. The police ensure they protect the citizens on the roads and take actions on the reckless drivers. Police officers arrest criminals as one way of deterring criminal activities and ensure the people remain safe at all the time.
Investigating various crimes- police officers ensure that when people call out to the department to report crime, response takes place immediately. The officers take statements from as many as possible especially the eye witnesses at the crime scene (Dempsey & Forst, 2013). The officers section off crime scenes in order for the forensic scientists to carry out their investigation on what led to the crime.
Community involvement- most of the police officers are involved in community development projects and services (Dempsey & Forst, 2013). The police officers speak to students and teachers in schools and the community at large. They teach people on disaster preparedness measures and what people should do in the occurrence of a disaster. They are involved in drug prevention programs as well safe driving programs to ensure people remain safe. Through carrying out community projects a good relationship develops between the police officers and the public.
Call response and emergencies- The police officers are trained on how to handle emergencies and are always alert on radio calls mainly from precincts (Dempsey & Forst, 2013). Some calls involve small crimes and emergencies while some involve major crimes therefore police officers have to be alert all the time. The officers are trained on responses systems in case of disasters therefore they are of great importance in the society.
The Supreme Court has the role of regulating the police. The Supreme Court influence on the way the police carry put their jobs. The courts have final words on criminal brought to them by the police therefore showing that courts have more power (Belknap, 2004). The Supreme Court determines how the police conduct searches on people. In addition police officers have to carry out duties ordered to them by the courts. Most of the criminal cases in courts regarding criminal justice have to be balanced between the rights of the society and rights of the individual. The courts hear cases of police harassment and have to determine whether the police officers have violated the laws (Belknap, 2004). The Supreme Court is keen to give justice to all people including police officers who often violate rights of people and end up acting like the victims. The two components, police and the courts often face challenges interacting with each other. The components must interact since the courts need the police and vice versa for them to carry out their responsibilities. The courts and police are independent from each other thus are able to protect the society from unfair sentences, police abuse and mostly corruption (Goel, 2005). Therefore the two components have to work together in order to protect the people which is their main responsibility.
The United States Department of Justice is the one that addresses the issue of police misconduct and explains how people are able to file complains if they feel the police officers have violated their rights (Fitch, 2013). There are federal laws that address the issue of police misconduct and can be classified as either civil or criminal statutes. The laws cover all the officers including state, local and those who work in prisons and jails. The court system in the US ensures that people are protected and that the police officers do not violate their rights (Fitch, 2013). Police officers are investigated by the Department of Justice and if found guilty they face the consequences. People who file such complains are referred to as victims and the Department of Justice ensures they get justice. The police officers are guided by code of ethics which they are supposed to adhere to. Failure to adhere to the code of ethics leads to law consequences where the officers are punished. Police officers are accountable for their actions thus ensure they follow orders. Incase police officers fail to adhere to the laws, they are held accountable for their actions and face the consequences. The internal mechanisms of holding police accountable, lies within the police departments while the external mechanism lies in the hands of the state (Fitch, 2013). The police are supervised thus this ensures that the police organizational culture is effective and efficient in order to ensure the police officers do their jobs and are held accountable for their actions.
Corrections
Most of the time there is confusion between the term jail and prison. in addition the media tends to mislead people with its use of jail sentences rather than prison sentences. A jail can be described as a secure place that mainly houses people who have been arrested and have not yet been taken to court indicating that if taken to court they can be subjected to person sentences (Clear et al, 2016). In addition jails house people who have been convicted of misdemeanor criminal offences and are serving jail sentences of less than a year. Jails also house people who have been sentenced to prison and are awaiting transfer the specific prison. Jails are in most cases operated by the county or local government since they house criminals who have committed minor crimes and those waiting to go to courts. Most people are taken to jails daily compared to those who are imprisoned. Jails are also known as detention facilities since people are detained there before being transferred to other facilities. On the other hand prisons can be described as secure facilities which house criminals who have committed major crimes or felony criminal offences and are to serve terms of one year and above (Clear et al, 2016).
Prisons are controlled by the state government since they house major criminals who have committed major crimes. People are released from the prison after they serve their terms. This shows that jails are different from prisons and people should not confuse the two terms. Treatment centers are those that offer treatment services to inmates. The services can offer drug abuse related services and ensure the inmates are fully rehabilitated from using drugs (Leukefeld, Gullotta & Gregrich, 2011). The centers are important since they ensure inmates are well taken care of in case of health issues and problems. Prisons, jails and treatment centers are important in molding the lives of criminals and ensuring they are better people in the society.
The current correction system is based on punishment as compared to rehabilitation insinuation that it is the worst time to be a prisoner in the US. Researchers suggest that the current correction system is unpleasant compared to the past correction system (Pollock, 2014). Prisons are not fun places but rehabilitation should take place. The prisons have strict rules and the budget has had shortcomings which makes the life in prisons very unpleasant. Rehabilitation was the main theme in the US correction systems until mid 1970s when things changed. Prisons were initially meant to install occupational skills and solve psychological problems of people with drugs challenges that may interfere with the smooth running of activities in the communities. A number of criminals received court punishments which ensured they participated in the rehabilitation procedures in the prisons (Pollock, 2014). Currently prisons are seen as punishment facilities that ensure criminals are severely punished rather than being rehabilitated.
This punishment approach has not deterred crimes but instead encouraged more crimes hence population increase in the prisons (Pollock, 2014). Prisons have been the hosts of mentally ill people since most of the criminals ended up developing psychological problems. Unlike in the past when prisons acted as rehabilitation centers, the current prisons are punishments centers where criminals end up developing serious mental problems. Prisons were developed to correct the behaviors of criminals but have changed into areas where prisoners develop mental disorders instead (Pollock, 2014). Most of the correction facilities are punitive in nature thus end up punishing prisoners more instead of focusing on establishing rehabilitation programs. Rehabilitation in the past was useful since it focused on correcting actions of criminals rather than punishing them without installing the necessary skills in them.
The life of a prisoner can be boring since they have a specific routine followed throughout the prison term. Most of the prisoners feel lonely and are subjected to few on none rehabilitation programs. Prisons hold large numbers of people thus they are overcrowded and often health issues are ignored and cause problems to the people. The waking time of prisoners is between 5 to 6 am depending on the prison type. The prisoners are thoroughly checked by the guards and counted in order to start their day (Alarid et al, 2008). Prisoners share cells and if one have kitchen jobs then the waking time changes to around 3.30 am when one has to wake up. The inmates then take a 30 minutes breakfast after waking up ready to start the daily routine activities. Every prisoner has a job such as working in the kitchen, serving food, laundry, construction works and other types of jobs.
Prisoners are expected to work until lunch time when they are given a one hour lunch break. After lunch they return to their jobs until 3PM when the jobs end. They have two hours free time until 5PM when dinner is served. After dinner some prisoners offer religious and counseling services where inmates are subjected to guidance and counseling programs (Alarid et al, 2008). Before going to their cells they are counted once again and the prison lights are put off by 11PM. the prison life is boring and monotonous since routine activities take place each day. There are various types of inmates depending on the crimes they committed. There are robbery inmates, sex abuse inmates, terrorism inmates, drug possession inmates, firearm possession inmates, attempted murder inmates among many other inmates (Alarid et al, 2008). All the inmates are under close check to ensure they do not escape since they are imprisoned as a result of major crimes thus termed as dangerous.
Public operated prisons are funded by the state while the private operated prisons are funded by individuals and well wishers. The private operated prisons were initially created as cost effective prisons which helped the state save money but are no longer cost effective compared to the public operated prisons (Price & Morris, 2012). Private operated prisons have increased chances of escape and violence. Violence has been reported among the inmates and between guards and inmates. Guards are so harsh and often assault prisoners in the private owned prisons. The cost of public operated prisons from research carried out is less compared to that of private owned prisons which initially were meant to help the state save some dollars (Price & Morris, 2012). Private owned prisons do not accept inmates that will lead them to using more costs. They focus on taking in inmates who will spend less in prisons and have committed minor crimes. The private owned prisons get their funds from well-wishers, donors and the state as well so that they can run smoothly. They are classified as nonprofit organizations which ensure prisons are safe and deter them from escaping. Less expensive inmates are often sent to the private operated prisons but research shows that doing this is not cost effective and does not help the government save some money.
Sentencing policies are able to ensure that offenders or criminals are made accountable for their crimes in order to deter other people from committing similar offences and minimizing the likelihood for the offenders to commit new crimes (Alarid et al, 2008). The sentencing actions mainly aim on the policy of protecting the public. The state laws give guidance on how prisons should carry out prison terms and for how long. In addition the state laws control the prison terms to be administered to offenders, tell the offenders to be subjected to community services and provide alternatives services to other offenders. The legislature provides the courts with sentencing options as well as sanctions to criminals. The legislature ensures that the public is protected through coming up with the best policies that will ensure the offenders reduce the likelihood of committing new crimes (Alarid et al, 2008). The legislature controls how offenders are to be treated therefore control the court and correction systems and ensure the public and offenders are protected.
Probation officers have different roles from counselors and parole officers. The officers ensure that criminals are not a threat to the community and are following the rehabilitation programs (Ross, 2016). They ensure they test criminals whether they are abusing drugs and put them under rehabilitation programs. The officers write files and reports for the criminals. In addition they provide the necessary resources needed by criminals, even counseling sessions. The officers usually supervise criminals who are outside the prisons and are doing community projects (Ross, 2016). On the other hand parole officers perform different duties with probation officers. They ensure they work with criminals who have served their times and are released to the communities. They ensure the offenders become part of the society once more. The parole officers supervise and check on those released offenders to ensure they do not commit new crimes and are part of the society once more. They ensure the parolees are not involved in the issue of drug abuse and thus reduce the risks of the parolees committing other crimes that will ensure they are imprisoned once more. Counselors provide counseling services to the inmates, parolees and those offenders on probation. They ensure guidance programs are efficient to offenders in order to reduce the risks of crimes reoccurring once more (Ross, 2016).
References
Alarid, L. F., Cromwell, P. F., Del, C. R. V., & Cromwell, P. F. (2008). Community-based corrections. Belmont, CA: Thomson/Wadsworth.
Belknap, M. R. (2004). The Vinson Court: Justices, rulings, and legacy. Santa Barbara, Calif. [u.a.: ABC-Clio.
Boothroyd, J. (2015). What are the branches of government?. Place of publication not identified: Lerner Publications.
Champion, D. J. (2001). Police misconduct in America: A reference handbook. Santa Barbara, Calif: ABC-CLIO.
Clear, T. R., Reisig, M. D., Turpin-Petrosino, C., & Cole, G. F. (2016). American corrections in brief.
Conser, J. A., Paynich, R., & Gingerich, T. (2013). Law enforcement in the United States. Burlington, Mass: Jones & Bartlett Learning.
Delattre, E. J. (2002). Character and cops: Ethics in policing. Washington, D.C: AEI Press.
Dempsey, J. S., & Forst, L. S. (2013). An introduction to policing. Albany, N.Y: Delmar.
Fitch, B. D. (2013). Law enforcement ethics: Classic and contemporary issues.
Goel, S. (2005). Courts, police, authorities & common man. New Delhi: Shrishti Books.
Leukefeld, C. G., Gullotta, T. P., & Gregrich, J. (2011). Handbook of evidence-based substance abuse treatment in criminal justice settings. New York: Springer.
Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice.
Price, B. E., & Morris, J. C. (2012). Prison privatization: The many facets of a controversial industry. Santa Barbara, Calif: Praeger.
Following the upholding of the practices of the legislative practice of prayer by the court, it means that a national prayer day could be constitutional but it leaves many legal questions. The prayer practice was established on the basis of the essentials of Establishment Clause and as a practice that has been embedded in tradition and the history of the country (Fisher & Harriger, 2016, 390). This practice has existed without the violation of the law requiring that no law relating to the establishment of religion shall be made by the congress.
The practice of prayer in a National Prayer Day does not compel any action that concerns a religion and does not involve imposing any kind of sanctions or penalties. The legislative prayer session involves a chaplain who is under the payroll of the government and the legislative members and staff. Considering the issues that rose at the hearing of Marsh v. Chambers case, it follows that a National Prayer day could not be in violation of the principle of government neutrality towards the religion. Another fact that even though the issue of prayer tend to lean more on Christian faith , members of from other religions have not been prevented from participating and offering prayers . The National Prayer Day urges the public to participate in various religious activities, and this is not similar to allowing the engagement of legislators in prayer. Hence, since Marsh had no control over the constitutionality of this day, the principal of government neutrality is not affected by its observance. The mere endorsement of practices of certain religion does not mean the violation of the Establishment clause (Fisher & Harriger, 2016,446). In a similar manner, a National Prayer Day is just an acceptable acknowledgment of various beliefs that are widely held by among the citizens of the country.
The rights of an individual to own a gun for the purpose that are lawful like self-defense within their homes. Previous court cases do not foreclose the interpretation of done by the court in Heller’s case nor do they refute the interpretation of the individual rights. The court was therefore right by not limiting the right of an individual to bear and keep the firearm to the purposes of militia. On the other hand, like many of the rights afforded by the constitution, the right in Second Amendment is limited since it is not a right to carry or keep a weapon in any way and for whatever purpose(Fisher & Harriger, 2016,65). Hence, the opinion of the court or its decision should not be viewed as casting doubt on the prohibitions on firearm possession by mentally ill individuals or criminals or the enacted laws that forbids people from carrying their firearms in sensitive areas or places like schools. It should also not also be seen as countering laws that impose qualifications or conditions in the sale of firearms.
The second amendment should lean more on protecting collective rights rather than personal rights. The collective right cannot be asserted legally by an individual because the rights of the majority would be violated if the right of an individual does not have limit. Having the interpretation of the amendment to focus on the protection of the individual right would be delusion that ignores the original intention of this Amendment by those who wrote it (Fisher & Harriger, 2016, 65). Even where the personal right to possess firearm for personal defense is upheld, the collective rights should prevail since it is possible for humans to abuse the rights of others in regard to their security on the basis of individual right. In relation to this, gun regulations on licensing and purchase of the firearm should be permitted.
Reference
Fisher, L., & Harriger, K. J. (2016). American constitutional law. 65 , 390, 446
Michael Devlin was charged with various crimes which included kidnapping, attempted murder, sexual abuse and engaging in child pornography. Police were serving unrelated warrant in an apartment when they saw a pickup truck which resembled the description of the truck used kidnapping Ben Ownby teenager, 4 days earlier (Potosi, 1). After obtaining the search warrant, the police discovered another boy Shawn Hornbeck who had been missing for 4 years. The culprit stated that he had not planned to harm Shawn but decided to kill him after a month which he didn’t do after the boy pleaded for his life in exchange for silence. Devlin had abused the boys sexually and even made pornographic materials of Shawn. He pleaded guilty fall the charges against him and was sentenced to 71 years in prison (Potosi, 1).
The state and federal laws define kidnapping as taking an individual from a given place to another against their will or confining them to a certain controlled place (Brody, David, James Acker and Wayne, 467). There are various issues represented in this case which borders on child safety and law on child abuse and exploitation. These issues could be traced back to why Michael Devlin committed the heinous crimes, the vulnerability of the victims and why Shawn Hornberk did not run away from his abuser. Other issues presented in this case include sexual exploitation of minors who are the most vulnerable group in the society. As for the victims, the issues related their vulnerability which makes it possible for psychopaths to commit crimes against them. Children are among the major vulnerable groups and innocent victims of criminal activities. Due to their vulnerability they are exposed to abuse, fear and threat which makes them cow and cope with their tormentors. Since children like Shawn are, they are normally hard wired to do anything in order to survive. When such children are taken against their will while their lives are being threatened, they find ways of coping mentally and staying alive physically. When they are relieved to be alive, these victims start to do things which will please their captors so as to receive more kindness to continue surviving (Carll, 64). Hence, Devlin threats to kill Shawn was had him plead for live and keep silence in order to spare his live. Eventually, the captive’s mind starts having positive feelings towards their abusers or captors and this becomes a copying strategy for coping.
A significant issue is the motives of children kidnappers where their intention leads to specific criminal acts which they cover up by committing more crimes. The culprit in this case wanted to kill Shawn after having sexually abused him so as to cover his track of child abuse and exploitation. This plays into the culprits’ psychology so that committing such crimes no longer becomes a concern for them since they do not really care about the suffering of the abused individuals. In this case, Devlin had become fed up exploiting and abusing Shawn to the point that he had to kidnap another child and this time Ben Owny is his victim. It is easy for such criminals to control the mind of their victims so through threats, the victims are unable to raise alarm or escapes since they perceive compliance as the only choice they can continue surviving. A major challenge in this case is for the law enforcement officers to identify the culprits given that they are mostly society members who are least expected to be perpetrators of these heinous acts. In such instances, the victims will continue suffering since the perpetrators are hardly recognized and the judicial system.
This case engaged the society in debate on how safe children are when left on their own without the supervision of their parents or guardians. It portrays the mental turmoil that confined children go through in the hands of their captors and that psychological barriers are of significant weight as physical barriers. It is possible for a captor to confine a minor psychologically so that they are not able to rescue themselves from such bondage (Carll, 64). In this case, Shawn had many opportunities for running away from his captors but he proceeded to live an independent life so that he could hang out under no supervision and still not escape. This shows the extent of metal bondage where one is not able to set themselves free, and it has to take the help of another person to do so. When a child is taken from their family, threatened and isolate, this plays a big role in silencing them. The culprit was sentenced to total about 71 years which will be served the same as a life sentence but the issue left many in the society wondering about the kind of punishment that should be meted on such a person. In fact, after this case, some politicians emerged to support and sponsor legislations which would make rape and kidnapping of children to be a capital offence. This means that the case had significance implications in Missouri country and across the entire United States. The issue became a constitutional question of whether enforcing a death penalty for a crime that is not human murder could violate the ban against unusual and cruel punishment spelt out in the eighth Amendment (Vile, 157). The advocacy for death penalty can be attributed to the fact that violently abusing children sexually adds up to unspeakable crimes that are so horrendous that no compensation can measure up and hence, demands harsh punishment. Due to this case, it occurred to the society that, it is the responsibility of adults to take care for children and not to entrust their care to strangers no matter how innocent they appear. Though the verdict of sentencing the offender to 71 years imprisonment did not impact on the whole society in regard to the best form of punsiment, it raised an important legislative issue across board.
There are various lessons which can be learnt from this case and mostly relates to the safety of children, their experiences, the law and the culprits of kidnappings. Those people who commit these crimes are mostly members of the particular community and who cannot be easily suspected. Moreover, children can be kidnapped anywhere and be abused by people who cannot be suspected of carrying out such crimes. There is more than can be seen in the kidnapping cases and this situation calls upon the society especially children parents or guardian and the law enforcement officers to obtain knowledge on fundamental elements of abduction and kidnapping. There should be no assumption on hotspots for kidnapping and people who carry out such crimes since no one can be ruled out from doing so regardless of how they carry them out in public. No one, even Devlin colleagues could have suspected that he could be holding a kidnapped person in their apartments. As such the kidnapper could be the next door neighbor who appears not to be a social path. Another lesson learnt is that the law should take its course in dealing with pedophiles, and should offer the maximum possible sentence to serve as a deterrent to other criminals who may be considering abducting children. As discusses above, captivity can be both physical and mental as seen in this case, where Shawn could not escape from his captor even where he had an opportunity to so. This shows the extent of mental captivity that the kidnapped children can be subjected to due to threats and violent abuse. The captives can be psychologically constrained which is informed by fear and threat of being harmed if they failed to escape. An important lesson is that kidnapping of any kind can lead to a life sentence behind bars.
Conclusion
The verdict on this case was very appropriate since it offered a life sentence which does not contravene the provisions in the Eighth Amendment. However, giving a life sentence could not have essentially gone against these provisions considering the mental, physical and sexual abuse that the two victims underwent in the hands of Michael Devlin. If the judges of Supreme Court were to exercise their independent judgment which validates death penalty for a non-homicide crime, it should have been rape or sexual abuse against children. These children are defenseless and hence they are the most vulnerable victims whose safety should be guarded maximally under the law.
Works cited
Brody, David C, James R. Acker, and Wayne A. Logan. Criminal Law. Gaithersburg, MD: Aspen Publishers,
Print. 467
Vile, John R. Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2015. Santa Barbara: ABC-CLIO, 2015. 157
Carll, Elizabeth K. Violence and Disaster. Westport, Conn. [u.a.: Praeger, 2007.64
It is highly agreed globally that physicians are expected to negotiate instead of dictating the best interests of a patient. In the UK, medical ethics has evolved in partial ways over the recent two decades as an essential reaction to the kind of paternalism. Somewhat, the slogan that on the assumption that the Doctor always understands what best for their patient closes the mood of the particular period. The current government highly favors partnership which is termed as a form of good care. Today, it is widely acknowledged that physicians are expected to negotiate with the patients what is generally good for them rather than make dictations. Autonomy stands as familiar theory within the political, legal and moral values. Within the healthcare and medical ethics law has graduated to something full of familiarity and a great concern. Autonomy can simply be described as self governance[1]. However, different medical situations present a differing degree of autonomy in regard to how much the physician reveals to the patient[2]. In this situation it can be stated that the patient consultation normally has a loss of a certain autonomy degree. In partial nature, autonomy is offered protection in UK’s Medical Law via the principle of informed consent.
Patient autonomy respect is probably amongst the most debated concepts in medical law and ethics. The general respect for decisions consent by patients as adults is the medical law’s cornerstone. In medical law autonomy is best articulated as the competent adults right in creating informed decisions that regards self medical care[3]. The concept lies on the necessity of seeking informed agreement of a medical patient prior to the conduction of any treatment of even investigation. The concept’s aggressiveness is normally viewed in most instances where the medical patients exercises their freedom by denying themselves treatment that is life sustaining[4]. Based on the UK adult consent law it is stated that any patient as an adult who suffers from no mental inability holds the comprehensive right in making decisions that regards their medical treatment based on the Mental Capacity Act 2005. The particular selection right is however, not restricted to those decisions that are termed to be sensible to others. The right for making the particular options exists despite the fact that the rationale for developing the choices are irrational, rational, nonexistent, insensible or even unknown and this is according to Lord Donaldson. Re T (Adult), (1992), 4 All ER 649.
Prior to the classification of any decision as one that is autonomous there should be the presence of two ordinary conditions. To begin with, the adult patient is necessitated to be a holder of relevant internal abilities for personal governance and is additionally required to be free from all the existing external limitations. In the context of medics when a decision is made it is commonly referred to as autonomous where a person holds the ability of making accurate and reliable choices, holds adequate information in regard to decisions making and conducts the choices in a voluntary way. As examined from the statement from Lord Donaldson 1992 given that the particular adults holds adequate and reliable capacity their choices are not required to be highly sensible or objective to the sensitive towards the interests of the individual. It is the comprehensive right of a person to choice on what they want and it is therefore, the obligation of the doctor to offer them adequate information that regards their medical situation as well as the available options[5].
Medical autonomy for adults in most cases exists in reduced degree or even less than necessary. Provided that there is a much greater obligation of respecting the patients autonomous choices that regards medical treatment the only existing and possible exclusion is the offering of compulsory treatment under the medical legislation health[6]. The proceeds by clinicians with the lack of autonomous decisions depend mainly on the rationale behind the lack. If an adult patient is particularly being intimidated into making choices by giving pressuring choices the decision cannot therefore be classified as their own and within the existing law it cannot therefore, be respected. In realism, it is actually very challenging to identify the occurrence of intimidation[7]. For instance a young lady may visit the physician alongside her partner in request for a pregnancy termination. The lady in the case may be acting under much pressure to ensure that the process proceeds but that cannot be easy to establish. In the 1985 case on Sidaway Vs Bethlem Royal Hospital Governors, a patient developed paralysis after undergoing an operation that was targeted at relieving a trapped nerve[8]. This is demonstrated similarly by Bolam Vs Frien Barnet Management Committee 1957 that demonstrated the responsibility of offering informed details in regard to treatment[9].
The current association within the healthcare system has not achieved patient centeredness which if achieved may result into the development of a partnership amid the patients and physicians. In addition most of the doctors retains the uneasiness in regard to the world where the privilege of the expertise autonomy is permanently altered by the growing demands for accountability as well as transparency. This leads to the growth of silence amid the parties. Communication is not present which would be crucial in assisting patients to make highly beneficial informed consent. Increasing talks amid doctors and physicians would end the silence millennia that took the paternalistic authority of the clinicians and created fewer options for patients and subjecting them to compliance and silence rebellion. The silence has created moral as well as psychic impacts and among the most destructive of the effects is the creation of distrust. In this case patients cannot trust their clinicians in acting in their best intentions while physicians operate in the assumption that physicians are not competent in the development of intelligent, informed and rationale choices regarding healthcare thus distrusting them to act in autonomy[10]. As a result the power of the patients is normally ignored by limiting the content they are given thus losing a certain degree of medical decisions control.
In most cases autonomous should best be achieved by offering the involved patients some time to make their decisions without pressure. The only agreeable individual conduct to the decisions of others is the choice that concerns the wellness of the society[11]. However, in the situation where the choices concern themselves, their independence becomes an absolute right. This decision should be independent when it regards to individual mind and body thus becoming sovereign. Where adult patients lacks the capability of developing choices it therefore becomes the necessity of decisions being made on their behalf which results in the loss of greater autonomy. In the cases of adults the decisions are developed by health professions who are completely responsible for providing care but they additionally have the opportunity of choosing those that can make the particular decisions for them. In the medical practice, choices that are connected to adult patients who are incapacitated are supervised closely by the law[12].
Certain autonomous adult patients degree are lost based on the primary issue that the court makes more emphasis based on the presented cases to the passing of the necessary information by the physicians to the patient while the understanding of the given information’s or options is being ignored. In most instances that how greater, less of full patient autonomy is lost. In the sense that while the freedom to develop certain decisions is being guarded the autonomy is however, not protected. For instance, in the case such as that of Chester v Afshar the claimant’s scope was apparent[13]. The patient had the right on making the option of refusing the medical surgery that Afshar as the surgeon was offering , however based on her argument she should have been provided with more information regarding the surgery which involves details and the options that as the patient she had and the involved impacts. In the particular case the courts were not exposed to the obligation of establishing liberty’s limits rather their primary role was on evaluating the appropriate demands that were made on autonomy’s respect.
Prior to the provision of any kind of treatment or any medical procedures on the patients consent must be offered with competence exists. This is however based on the offered information by the doctor which should be sufficient in regard to making relevant decisions. The information should be regarding the condition, existing options benefits as well as the involved risks. In most consultations patients losses a part of autonomy in that the information disclosed to them is inadequate[14]. This results in the rise of unreasonable or unreliable choices that are not grounded on wellness. the lack of adequate information makes it apparent that it may lead to the loss of the patient’s autonomy since the patients are bound to make decisions which are not balanced based on the wrong judgment that is caused after the patient is deprived enough information[15]. Prioritizing autonomy in some cases leads to the determination of the type and the quality of information to be provided. the imbalance section amid the patient and the doctors is normally grounded on the lack of sufficient information by the patient. From a single perspective it is the role of the medical law and the governing law to address the issue of balance through ensuring that patients are fully given the right to the provision of sufficient data that regards their health and care. This may perhaps work best through the imposition of a doctor’s duty on the provision of sufficient information[16].
The existence of the patient without the right of information provision denies them their full autonomy. Individuality as well as the patient’s autonomy is best exercised with provision of privileges of acquiring information which best equips them with adequate knowledge. Autonomy that is based on the lack or the presence of little knowledge results in higher misunderstandings and the settling for insensitive choices since the patients are exposed to unbalanced judgments. The most important flaw lies on that the offering of information does not guarantee decisions with autonomy but only makes it certain that the doctor has given information that will assist in decision creation. The treatment decisions rely solemnly on the patient and thus information adequacy is a necessity. Despite the fact that the decisions being made medically are aimed to create a general wellness an individual has the right to denial. For instance in the case of ST. Georgia’s Healthcare NHS Trust Vs S the court made the ruling that the woman has the right of refusing treatment despite the fact that it is aimed at benefiting the unborn[17].
The current medical treatment can be categorized as one that is characterized by silence as well as the compliance of patients. From history the relationship of the physicians and the patients is grounded on a single root trust despite the most recent attempts by the judicially in offering patients with increased voice via the informed consent doctrine[18]. Physicians highly encourages their patients in giving up their individual autonomy and the silence that they demonstrate in denying patients information results in detrimental impacts on the general wellness of the patients. There is a growing necessity in the modern era for the healthcare sector to be fully covered by effective communication as well as honesty amid clinicians and the patients. In this context the rights of every individual should be respected by permitting patients to decide on their treatment options without being pressured. In addition the rights of the patients are violated since the physicians decides on giving inadequate data and also ignores the patients understanding of the given information.
Adults are always reluctant in acquiring more information that regards their health or to discuss the options given by the physicians in regard to treatment based on the assumption of compliance and confidentiality concerns[19]. Individuals have widely accepted to the thought that doctors have high authority over the patients based on their professional and the fact that they understand the best form of treatment for their patients. This issue has thus been rooted deeply in the modern society where acquiring and giving adequate information is the major concern. Patients comply with the silence offered by the physicians who are assumed to be holders of more authority that relates to their profession. The relevance of the issues of trust and less communication amid the physicians and the respective patients continues to be relevant in the world today. According to Katz the issue can best be resolved with the implementation of increased communication , development of trust and giving autonomy when it comes to the making of decisions[20]. Autonomy of the patient is highly affected by the issues while the authority and dominance of the physicians in regard to the matters is upheld.
Patients are highly denied the rights, liberty as well as autonomy as necessitated by the informed consent. The pressure and the manipulation that is exerted on the patents by the doctors results in psychological implications , the loss of independence as well as medical autonomy. Actual communication which holds the capability of creating mutual and meaningful trust and make the autonomy of the patients possible is denied by the physicians. Based on Al Hamwi v Johnstone and another, Al Hamwi desired to conduct an amniocentesis since she was pregnant and her family held the history of children being born with physical impairment. Miss Kerslake insisted on the involved screening risks without considering other factors that pressured the claimant to change her decision. Unfortunately the child was born with significant impairments which were physical. It is clear that the risks in the case were overstated thus intimidating the client.
Within the developed legal and ethical medical law’s framework it becomes very challenging to restructure the relationship amid the doctors and patients based on the doctor’s behaviors of limiting information and the assumptions that the doctor’s profession offers them better opportunities in making decisions[21]. Patients with the required mental competence can be trusted in making medical decisions that regards their wellness[22]. on the other hand physicians holds the right and trust on making accurate decisions for patients who lacks the competence. For the rights of both parties to be respected without the domination of a single party in the matter trust creation is a greater necessity[23]. In some instances information can be withheld from the patient based on The Data Protection Act 1998 which allows information to be denied given that it may lead to mental or physical damages on the patient which highly requires adequate and documented justifications.
The interests of the patients, their values are normally neglected at the period when they are of much significance in the subjects of wellness, existence and death. The modern society emphasis more on quality healthcare which in turn creates the training on physicians that they are best equipped to make choices for the patients. The non disclosure of sufficient information to patients is historically perceived as a necessity that is fully medical doubt and doctors incapability with not much to give to the patients above the psychological and wording comforts[24]. The modern medical science has achieved so much in regard to treatment options and diagnosis but non disclosure has continuously been promoted. The medical sector is characterized by high uncertainty the ability to empower patients as decisions makers in regard to healthcare should be emphasized[25]. The silence that is demonstrated by doctors and particularly in times when their medical uncertainty confronts them is equal to the neglect of patients rights.
In summary, It is apparent that when patients makes a doctor’s consultation there is always a loss of a certain autonomy degree which may be less or greater depending on the condition. It is clear that the autonomy of the patients in the healthcare sector is normally lost due to the provision of inadequate information in reference to their condition, treatment options, the risks as well as the involved benefits. The information that is normally offered to the patients is characterized by much complexity that makes it hard for them to understand and make the right judgments. In most cases clinicians will always offer the benefits that are related to a treatment and ignore the involved risks. Physicians normally withhold much of the details by only exposing the information that places the patients at settling for the decisions that are considered to be sensible. Competence capability is always not considered since information limit is always targeted at intimidating the patients to make decisions that the clinicians believes to be the most appropriate in form of offering benefits that are related to treatment. The ability and the privilege held by physicians in withholding information limits the general ability of the patients in making decisions based on the limited knowledge. In addition the clinicians fail to clarify the information to make it easier to understand.
References
Dalphinis, J. (2016). Safeguarding adults: an update on legal principles. Practice Nurse, 46(9), 12-16.
Gray, A., & Harrison, S. (2004). Governing medicine: Theory and practice. Maidenhead, Berkshire, England: Open University Press.
Katz, J. (2002). The silent world of doctor and patient. Baltimore: Johns Hopkins University Press.
Leino-Kilpi, H. (2000). Patient's autonomy, privacy and informed consent. Amsterdam [u.a: IOS Press [u.a..
NHS. (2016). Consent to Treatment Capacity. Retrieved from http://www.nhs.uk/Conditions/Consent-to-treatment/Pages/Capacity.aspx
(2014). Consent and Confidentiality, Main Principles of Consent. Ministry of ethics. Retrieved from http://ministryofethics.co.uk/?p=6
Uk. (n.d). Mental Capacity Act 2005. Retrieved from http://www.legislation.gov.uk/ukpga/2005/9
[1]Safeguarding Adults: An Update on Legal Principles. (Practice Nurse 2016)
[2]Consent and Confidentiality, Main Principles of Consent (Ministry of ethics UK 2014)
[3]The Silent World of Doctor and Patient (John Hopkins Paperbacks 2002)
[4]The Silent World of Doctor and Patient (John Hopkins Paperbacks 2002)
[5]Safeguarding Adults: An Update on Legal Principles. (Practice Nurse 2016)
[6]Consent and Confidentiality, Main Principles of Consent (Ministry of ethics UK 2014)
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Business Legal and ethical concerns can be termed as feasible components in regard to intellectual property, products safety as well as marketing yet they are able to make it clear that organizations cannot control this components while handling employees. Immoral working conduct is not a complete issue of character rather it is driven by several factors that surrounds value which includes the surrounding, colleagues, the organization’s system, policies as well as standards and superiors (Halbert, T., & Ingulli, E. (2014).
Ethical Issues
PharmaCare Inc holds a high international reputation based on its dominance and success in the competitive pharmaceutical corporation. It is therefore not a huge surprise that the corporation’s development of the AD23 drug aimed for slowing the diabetic rate was a major success. The success was seen as a major opportunity for acquiring increased profit for the company and the subsidiaries. The corporation made the decision of growing the medicine to cater for diabetes as well as Alzheimer’s patients. The case exposes numerous ethical problems that are associated with advertising, marketing, product safety regulation and intellectual properties.
Advertising and Marketing Ethical Issues
All the features of advertising as well as marketing are generally subjected to regulations as well as restrictions. It is therefore the responsibility of marketing manager to analyze how the involved ethics and regulations should be addressed (Halbert, T., & Ingulli, E. (2014). The corporation was involved in a failure as it never adhered to ethical marketing as it was promoting drugs which were not completely functional. This was additionally a violation of the stated standards which does not permit direct advertisement and sell as bulk drugs to the consumers. Their advertisement method which was directly addressing consumers affected the general drugs perception by consumers which has no qualifications from or prescriptions from physicians.
The advertisement done by the corporation failed in addressing the drug’s effects on the target group as it was aimed maliciously at creating more profit. The advertisement should have been accompanied by the requirements, the involved risks, legal standards observation and not focusing on the advantages solemnly (McQueen & Jones, 2007). The corporation failed to be socially responsible as it was mainly focusing on money rather than how the community should be impacted positively.
Intellectual Property
Property intellectual raises the necessity of providing the right of protecting one’s ideas and invention. However, modernity has worked in establishing challenging in the management of intellectual property (McQueen & Jones, 2007). This is mainly influenced by the fact that the rights to intellectual property is not objected at offering the exclusive protection in regard to trade or property secrets but today it is more objected at protecting monetary benefits that are linked to an individual (McQueen & Jones, 2007). The general products regulation primarily involves the Act of consumers which is more grounded on developing healthy as well as quality goods to consumers. In the case PhrmaCare violated the rights of their consumers because the products failed in healthiness as the intake resulted in heart attacks and later death. In this sector the concern lies on the good utilization of the products without stealing commercially or exploiting the goods. In the case the renovation of the drug to sit the needs of a wider target is the matter associated with intellectual property. The renewal of the drug was not based but the fact that there is no evidence to demonstrate an official registration is a violation of ownership which was lost to the ambitions of CompCare.
Product Safety Regulation
All companies that are involved in the development of fresh products that relates to the medical area are obliged to acquiring development approval from the responsible management in the field (McQueen & Jones, 2007). In this the corporation is exposed to the assessment of the products by a government or independent agency , process tests as well as an examination of the healthiness, safety and quality of the products. With this, it is clear that the AD23 drug marketing that held strong elements capable of triggering heart attack and death was unethical. This is because the drugs was not safe as well as consistent with the necessary ethical guidelines towards consumers which included patients and healthcare facilities. The appropriate product safety regulations should have been accomplished via consumer legislation and quality compliance standards. This case shows that the drug was of poor quality which is a direct violation of the right legislation, standards and ethics code.
Direct-To-Consumer (DTC) Marketing by Drug Companies
In the modern society when businesses competes based on the ability to be innovative corporations are faced with issues in regard to increasing their ability to be succeed through selecting the appropriate methods to market their products (Nill, 2015). The medical system is comprised of different necessitates in regard to drug marketing as direct marketing is not encouraged based on its ability to change the perception of buyers even those that have no prescription. However, this does not hinder corporation from the kind of marketing since they are more driven by profit rather than the community’s wellness. I believe that direct marketing in regard to medical drugs is unethical. This is because they online highlight the associated benefits of consuming the drugs and rarely addresses the involved risks. Consumes are normally exposed to negative choices since acquiring the drugs directly always seems to be more better than visiting the doctors. Drugs advertisement should particularly be information based to educate consumers rather than arguing them to buy (Halbert, T., & Ingulli, E. (2014). The ability of the direct marketing approaches to convince consumers to buy drugs is a mode of encouraging purchases and the preparations are risky as there is no prescription that is engaged.
Compounding Pharmacies Regulation and the Role of FDA
Compounding pharmacies plays major determining roles in the development and marketing of drugs and therefore regulation is necessary since the lives of consumers are risked (FDA, 2017). From the case compounding can be described as the activity through which the licensed medical providers, pharmacists or an individual who operates under the administration of a pharmacy that is licensed combines put together the needed medicines ingredients customized to the necessities of the patients (FDA, 2017). PharmaCare Management is directly responsible for the negative effects caused by the drug they developed. The corporation ignored pharmaceutical ethical abilities by primarily focusing on the maximization of more profit. The company disregarded its responsibility of enhancing individual’s wellness as required. Compounded pharmaceutical drugs are not normally approved by FDA since it is not directly involved in the verification healthiness or safety of the drugs (FDA, 2017). This is made clear by the fact that the corporation acquired a compounded subsidiary to avoid being scrutinized. However, health institutions and pharmaceutical consumers highly depends on the general approval of drugs to understand their safety as well as the alignment with the effectiveness as stated by the Federal quality standards.
What the FDA Would Have Accomplished In PharmaCare Scenario
PharmaCare is not demonstrated as a legally and socially responsible corporation from the case. It developed the AD23 but was not ready to be scrutinized by FDA which forced it to acquire a full supplementary of its own named as CompCare. The subsidiary was to operate as a compounding pharmacy to stimulate sales to persons under the grounds of prescription. Compounded drugs are not normally characterized by FDA assessments on their quality prior to their marketing. The pharmacy state board is thus responsible primarily for the regulation of compounded pharmacies in regard to FDCA’s statement despite the fact that FDA is entitled to a certain degree of authority in regard to the matter (FDA, 2017). This in most cases involves provision of misguiding message, misbranding or the engagement in drugs advertisements that can be considered to be inappropriate as the violate the rights of consumers (FDA, 2017). Organizations that are registered by FDA acquire their assessments, supervision and inspection by the agency to examine the risks. Since PharmaCare was directly registered under FDA it avoided the analysis through using a subsidiary approach.
FDA necessitates more authority over the regulation of pharmacies operating under compounding. The authority that FDA holds is too minimal which supports the ability of the compounding pharmacies to escape inspections at ease (FDA, 2017). In order for such cases to be avoided where corporations subsidizes their operations to avoid assessment more authority should be passed to FDA. PharmaCare is obviously exposed to several legal issues based on its conduct. To begin with quality as well as the safety of the product was not enhanced since it avoided the analysis from FDA. This therefore shows that the corporation is not committed to the objective of generating wellness to the consumers and it offers no support to accomplishing the healthcare industry’s objection of wellness. it practice exposed consumers to negative consequences of triggering deadliness health issues without any action. The undesired results should have been be eliminated if the corporation committed to the safety standards.
PharmaCare utilized the American intellectual law by acquiring its fully owned subsidiary. This means that CompCare was only involved in the marketing as well as the AD23 sales while the product ownership rights were retained by PharmaCare. John cannot make the claim of being the real inventor of the drug since he did not make the creation on his own. This means that making a claim of an intellectual theft is wrong since the company was entitled to it. however if for instance John made the general attempt of selling ownership of the invention without the corporation an intellectual theft can be filed against him since the ownership registration belongs to the corporation that he works for. In real sense an intellectual theft occurred in the case since the company took the whole invention for its personal benefit without considering John’s efforts and rights as a creator.
The corporation can compensate john by sharing a certain percentage of the acquired profit from AD23 sales with John. The sale of the drug is characterized by high profit based on the marketing and its associated benefits and John’s effort can be paid by getting a particular share. In addition, the corporation may offer him compensation my raising his monthly earning either temporary or constantly . This would help him ease the pain caused by the company’s betrayal that caused the loss of many which included his wife. Ensuring the employees financial stability is just the little that the company can help since the loss of his Wife cannot be paid. Finally the company can decide to sell half of the possession rights to John. This does not fall under the desires of the corporation because the product was able to generate much profit which supported its ability to grow but this may recompense him since he never acquired any form of benefits from the prior sales.
Intellectual Property Theft Current Example
In 2015, a property intellectual theft occurred which incorporated several organization where the Microsoft, Valve Inc and Epic Games (Walker, 2015). Several men confirmed that they were highly involve d in stealing a sum that exceeded one hundred million dollars intellectual property worth from the companies through hacking(Walker, 2015). The investigation was performed and supervised by the FBI agency which established several hacking and scheme leads. The assessment established that the group had access to the unreleased software’s made by the corporation which was generating so much profit. The hacking was particularly aimed at stealing trade secrets, source codes for the unreleased software’s, confidentiality, proprietary data and copy rights. This case therefore shows the violation of ownership that was conducted by the men against the companies which had invented and designed the software’s thus denying them the ability to sell and generate maximized profits (Walker, 2015).
The Surrounding Of Potential Issues against PharmaCare In Regard To AD23
The consumption of AD23 that was developed by the corporation led to the triggering of heart attacks and deaths which included John’s wife. The death of many people from the consumption was not a reason enough to stop the corporation from selling the product since it made the compensation and continued with its sales. The consequences that were developed by the drug would have been indicated by an assessment and adequate knowledge in regard to the functionality which never occurred. PharmaCare was wrongly objected for targeting to generate profit rather than providing global and healthier products. With the assessment this would not imply that success would be a hard thing to achieve rather it would work on enhancing its ability to acquire success in the market for the long-term period through responding effectively to the patients issues (Schweitzer, 2007). Too many lives would have been spared if the corporation had focused of effectiveness rather than sales. The corporation understood the incapability of the drug as it resulted in heart attacks to the consumers but never acted. This should have been responded through withholding the drug from the market for further expansion and understanding of what it lacked or how the damages would be eliminated.
The company was unethically involved in avoiding scrutiny despite the fact that it understood that its product was aimed at handling a serious issue. The marketing which directly addressed consumers was also unethical. The corporation makes the advertisement to increase awareness and the capability to beg and convince consumer’s perception that they needs would be solved by the drug. This strategy was wrong since it attracted consumers who held no prescription from the Doctor resulting in self treatment. This is unaccepted medically since the corporation exposed lives of many thus affecting families (Nill, 2015). The company was not socially responsible mainly because it was only focused on its individual interests rather than focusing on healing the community. The desperate nature of acquiring speedy treatment to chronic illnesses motivates consumers to highly demand the product with questioning its safeties. In addition the company did not release the functioning and the associated risks to the product. This was because the acquired knowledge in regard was inadequate.
John’s Claims as a Whistleblower
The protection of a whistleblower establishes the general treatment of an individual either by the government or a corporation for an individual who make a report of an illegal or dishonest practice against a party that is engaged in a socioeconomic issue. This opens grounds for the conduction of investigation in order to develop certain proves that the accused person is at fault. This implies that John can make the claims that he is the whistleblower after an application for legal protection establishment to stir an investigation and guard him from negative treatment. This will help to ensure his confidentiality as the accuser. The protection offers privacy as well as confidentiality of his identity and ideas towards the company which was engaged in a faulty activity that risked and took the lives of several consumers. This is a sensitive case since he is making accusations of a powerful corporation and protection is highly required. John as the inventor clearly understood the negative consequences that were associated with the drug but he was not given the opportunity to give opinions whether the marketing of the drug without adequate assessment was right. He holds a rough experience as his rights were violated by the corporation by acting as the sole owner of the product with him receiving zero benefits as well as the loss of his wife. He is therefore not responsible for the caused effects since the marketing idea belonged to the corporation which believed more on profit rather than wellness.
Conclusion
The case demonstrates several legal as well as ethical issues which are related to the practice adopted by PharmaCare and the undesirable consequences generated. It is clear that corporations are highly required to adhere to safety, legal and ethical issues for long term success. The necessity to develop should be aligned with the consumers wellness which can best be obtained through ethical and legal corporation. The case has shown Phramacare to be legally, socially and ethically irresponsible. In that their social irresponsibility has caused deaths while it continuously runs after fulfilling its monetary interest. The initiatives that the corporation states to be upholding in response to social responsiveness has not been done. The integrity of the drug is not their concern since after learning of the effects the company does not participate in developing and withholding sales to prevent additional damages. Its legal irresponsibility is demonstrated by the fact that it schemes FDA’s regulations by acquiring a compounding pharmacy as a supplementary. This form of conduct is unacceptable since legal standards must be followed particularly when creating, marketing and selling sensitive goods to consumers characterized by no knowledge of functionality.
References
FDA. (2017). Human Drug Compounding. Retrieved from https://www.fda.gov/drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/
Halbert, T., & Ingulli, E. (2014). Law and ethics in the business environment. Cengage Learning.
McQueen, D. V., Jones, C. M., & International Union for Health Promotion and Education. (2007). Global perspectives on health promotion effectiveness. New York, NY: Springer.
Nill, A. (2015). Handbook on ethics and marketing. Edward Elgar Publishing.
Schweitzer, S. O. (2007). Pharmaceutical economics and policy. New York [u.a.: Oxford Univ. Press.
Walker, D. (2015). Man Pleads Guilty To Intellectual Property Theft Conspiracy Impacting Microsoft And Other Firms. Retrieved from https://www.scmagazine.com/hacking-ring-member-pleads-guilty-to-stealing-intellectual-property-data-of-microsoft-others/article/535941/
In legal terms, pari delicto, which is a legal term interpreted to mean equal fault, is used in cases where two people or two parties are equally guilty for a crime (Constantini 1). In the case of contract law, no individual can claim breach of contract if both were equally at fault for the breach of the contract. In the case of accidents, no party can collect damages if both parties were equally to blame for the accident. The only way one party can collect damages is if he proves that the other was more at fault in relation to the rule of comparative negligence. Pari delicto is often used in civil lawsuits where both parties involved are equally to blame for the offence committed. In such cases, the court chooses not to side with either party and if the lawsuit is related to possession of something, the one in possession of the contended object retains its ownership (Constantini 1).
An example where pari delicto was used was on 28th July, 2015 where the United States court in New York dismissed the case between Peterson vs. McGladrey (Schweitzer 1). The Trustees had filed a complaint against McGlardey on grounds that their negligence in conducting audits made them incapable of identifying a ponzi scheme that resulted to the loss of over 1.5billion dollars (Schweitzer 1). The defendants however the defendants were not held accountable as the doctrines of the pari delicto policy excluded of any responsibility since the fund’s wrongdoing could have precluded the claims made by the trustees had McGladrey been culpable. Since both the plaintiff and the defendant were equally to blame, the court resulted to settle the Peterson vs. McGladrey under pari delicto.
Work cited
Constantini J, “The in pari delicto defense in an accountant’s liability action: A changing dynamic” American Bar Association, 2017
The business judgment rule generally is a judicial law whose aim is to offer protection to managers from the personal civil liability due to the decisions that they make unless these managers are guilty of committing any form of misappropriation of the company’s funds (Miller & Jentz 2010).
2
In case of debts as well as liabilities in the business, the shareholders and also the LLC members are held liable.
3
I would choose S.Corp over LLC since it allows the business owners to pay themselves wages and any additional profit into the company. It also protects personal assets of the business from the creditors.
5
A trade name refers to the name that a given business uses so as to carry out their business deals, for example Kodiak. A trade secret involves any proprietary information that the business uses so as to give them a competitive benefit over their competitors. Coca-cola Company is one of the businesses that have a unique formula in their business and this unique formula is a trade secret. Trade infringement is viewed as a violation of the private rights that are attached to trademark without the consent of the owner. For example the use of a similar registered trademark for the production of the same goods and services.
6
Professor Wise would not succeed in this case as he had on several cases used works through reproducing and distributing some parts of the book to the students. This work was protected by the copyright law and thus professor should not have used this work without the authors consent.
7
Pirates Joe case was a case of trademark violation. This is because there was a similarity of trademark as the goods were originally bought from trader Joe and sold at US as the same goods.
8
Protection of trade secret involves the identification of the trade secrets and all the top secret information; communicate with the employees in the business through privacy and to make known to them that they are liable for any form of misappropriation of this secrecy (Buskop 2008).
9
Madeline was entitled to the ring as per the laws whether she had lost the ring; it still continues to be owned by the original owner.
15
The note is a negotiable instrument as it offers a series of the negotiation requirements.
References
Buskop, W. (2008). Patents, trademarks, copyrights, and trade secrets: What automation professionals, manufacturers, and business owners need to know. Research Triangle Park, NC: ISA-The Instrumentation, Systems, and Automation Society.
Miller, R. L. R., & Jentz, G. A. (2010). Fundamentals of business law: Excerpted cases. Mason, OH: South-Western Cengage Learning.
Generally, the final report is a document that is usually submitted at the end of an investigation of a given case by the investigator assigned to that specific case. This report involves an outline of the investigator’s feelings and the various recommendations on the cause of action that should be taken into account in accordance to the evidence that is gathered as well as the nature of the offence committed. With this kind of understanding on the importance of the report, it should therefore be well prepared so as to effectively ensure that the prosecution succeeds in proving that the accused is guilty before the jury. The report should thus ensure that it presents a clear picture of the situations that surrounds the crime so as to convince the appropriate decision making board beyond any reasonable doubt of the guilt of the victim accused. In preparing the final report therefore, the investigator who is in charge should be objective despite the determination of ensuring that the guilty is punished. Hence, the officer should also ensure that the innocent victim is not also condemned. Therefore, the evidence that is presented should be thoroughly examined even before making any recommendations in the final report (Stolz 2014). While drafting these reports, care should be practiced by the assigned investigator so as to ensure that clarity in the final report is achieved. Any aspect of repetition as well as mixing up of different issues should be evaded in any manner possible. Facts, judgments as well as accusations should also be drawn out exceptionally and vividly if the investigator who is accountable is recommending hearing of the case so s to give the prosecutor an easy time in proving the guilt of the accused. In relation to all these, it is quite clear that the final report is a document that is very delicate as though the jury considers witnesses testimonies and also other factors, they vitally use this report in making their final verdict where they either rule that the suspect is guilty where he is sentenced or whether the suspect is not guilty where he is released since the evidence presented is not that strong enough to prove that they are guilty and jail them.
Criminal justice process involves a sequence of stages that starts with the investigation of the case and ends with the release of the convicted offender. However, ruling as well as the decision making process is the core element of this process. Stages of a case establish the need to whether the prosecutor ruling goes hand in hand with the charges of the case. Suspects are thus given an opportunity so as to be able to prove their case. Investigation stage gathers all the relevant evidence while the arrest stage ensures that the suspect is held in custody. Prosecution on the other hand, involves making the decision in regards to the weight of the many factors that relates to the case. Indictment stage is also important as it is used in the prosecution of a capital offense. Arraignment stage I where the accused appears in court and is expected to enter a plea. As the decision making process continues, some of the cases are dismissed as these cases are removed (Costello 2013).
The detective or rather the investigator must ensure that his presentation of all the facts related to the case are true as well as valid and it keeps up with the high standards. He also should ensure that he reviews, organizes and also labels each and every exhibit that is organized to be used in the trial. The availability of the drawings and also photographs enables the courtroom presentation to be a success. Juries therefore look for and also expect this type of preparedness from the investigator. The court as well appreciates this form of preparedness as it is believed that it mitigates any form of delays of getting the attorneys on one more chance to try again preparing the drawings and dwindling of reliability of the presentation presented before the jury. Hence a well prepared, expertise presentation of the investigators always enhances an appropriate courtroom appeal and ensures that the case is focused on with interest as well as intent. It demonstrates the key interest and also the effort that is taken by the detective in the preparation of the case (Stolz 2014).
Acquittal and NG are words that are used for the same thing but they are used differently. This means that despite the presentation of the evidence, it was not adequate and hence it fell short. One of the major differences between the two is the fact that an acquittal or not guilty concept is used to mean that the burden of proof was inadequately met and hence there was insufficient proof to jail the guilt and as a result the court has ordered the release of the victim (Stolz 2014). This does not mean that the investigator failed in their investigation since the court decided on an acquittal. Rather it means that despite the fact that efforts has been taken by the investigator in his determination to provide evidence, the court did not find these presented evidences to be that strong to put the burden of this proof on the defendant.
There will be a revolution in the criminal justice department in the next 20 years to com. One of the greatest change that is anticipated is the data collection as well as the synchronization of the collected data along with the existing records so as to ensure that each and every police station is able to retrieve data without delay and as soon as the first hand information is reported. This form of data will enhance the criminal justice department gets instant notification on any form of patterns mostly in the criminal occurrences and also gives real time information direct and immediately (Costello 2013). This will enhance the police department to investigate the need and the viability of computerizing and ensuring that the reports are reviewed. Hence, with certain level of security information relating to the manner in which the system operates can be easily accessed by all who wish to have knowledge about the status of the case as well as the proceedings.
In conclusion, change in understanding about the investigator, their investigation and the level of importance that the investigator has on bringing in all the evidence will form a basis for the change in the manner in which investigators work in the years to come. This process of change will be taken over by the process of data collection and the analyzing sectors through the use of technology type where the forensic sciences will be applied and would take over.
References
Costello, R. (2013). The Psychology of the Criminal Justice Process. Criminal Justice and Behavior, Book review: In Doubt: 40(3), 349-350.
Stolz, B. (2014). The Growth of Federal Criminal Justice Policy Making: The Role of U.S. Civil Rights Legislation. Criminal Justice Policy Review.
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