Justice Systems

Chapter 10
1) Identify two types of remedies against government wrongdoing and the differences between them, and give examples of each.

The following are the remedies, exclusionary rule and civil suits alleging offences. If a person is treated badly by the police officers or otherwise the prosecutors, then that person has the right to sue the police in the civil court. If they are found guilty, then the complainant can get damages awarded (Samaha, 2008). On the other hand, the wrongdoings of the government may be chastised through flagging its legitimate position if it has been accused by another party.
2) Identify and explain the rationales behind the three justifications for the exclusionary rule.  Which justification does the U.S. Supreme Court adopted to apply the deterrence justification?

Constitutional right: this is a part of the constitutional which goes against the illogical confiscation and forced concessions and the civil liberties to a lawyer and the due process of the law (Samaha, 2008).

Judicial integrity: this is an act which mainly protects and honours the operations of the systems of law. (Samaha, 2008).

Deterrence: this is an act which prevents officers who are in authority from breaking the law. The Supreme Court has often relied on this act as one and the only way of rebuffing valid evidence.

3) State the narrow scope of the reasonable, good faith exception to the exclusionary rule.

In most cases, the police consequently act against the fourth amendment which is commonly known as goodfaith (Samaha, 2008). Good faith consequently relies on the reasonable reliance rather than to the subjection of good intentions. The court therefore recognizes the exception to the fourth correction exclusionary rule.
Chapter 11
1) Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.

This was an incident that the Supreme Court ruled that, an incomprehensible alteration of action occurred for an individual who’s the Fourth Amendment freedom from illogical search and acquisition had been tainted by the authorities (Samaha, 2008). Such a victim consequently has the right to sue against the violation of the amendment itself.

Thus this prevents the authorities from violating the law thus harming the citizens. Hence it made it easy for people to be able to sue the authorities against the violation of the law (Samaha, 2008).

2) Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

These are state Tort lawsuits and they involve a single individual officer.

 U.S Courteous rights Act lawsuits, this includes the agencies.

3) Identify two elements plaintiffs in 1983 actions against state and local law enforcement officers have to prove.

These are, the individual exposed plaintiff for steering which occurred under the state law colour and this behaviour underprivileged the plaintiff of the freedoms, rights or immunities assured under the federal laws or the constitution. The country and the officials may tamper with the federal rights in two dissimilar ways. After the enforcement of the state laws, or laws which are likely to go against the state, and the local authorities deny the victims the federal rights. Thus the officials’ deny the victims their rights through acting in accordance to the colour of state law.
4) Identify and describe the stages, possible dispositions, and disciplinary actions in internal review procedures.

Report the allegations of professional misconduct

Each and every person has the right to inform the authorities about any professional misconduct of any official members of the government (Samaha, 2008). This suspicion should then be discussed with the relevant authorities.

Inquiry

An inquiry will be set in order to look at the problems associated with the relevant authorities. This consequently allows the inquiry to look into the matter carefully before coming up with solution.

Chapter 12
1) List the reasons that affect whether police drop cases or take them to prosecutors.

Conducting Investigations

Laying a charge to the accused (Samaha, 2008)

Referring the accused to the prosecutor
2) List and explain the importance of the reasons behind the decision of prosecutors to charge, divert, or drop criminal cases.

Trial, this allows the accused to prove his or her innocence in the court before the judge finally renders the judgement. This makes it easy for the court to either prove the suspect to be guilty or innocent. Trying the accused in the court also allows him or her to be able to enjoy his or her constitutional rights which allow an accused person to be tried in a court of law before judgement being rendered.

Sentencing, the judge is the only one who can be able to render the verdict according to the crime committed. Hence the suspect will be sentenced according to the crime committed thus making a just sentencing (Samaha, 2008).
3) Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

Probable cause, this is a neck and neck proof which is more than mere suspicion but it is also less than what is consequently needed for the conviction of a person. Hence if the credible reason of a certain criminal activities cannot be based on evidence, the person is then subjected to be detained (Samaha, 2008). On the other hand, if the probable cause cannot be weighed or otherwise is conflicting, then it makes the suspect to go on trial.

Reference

Samaha, J. (2008). Criminal procedure. Belmont, CA: Thomson Wadsworth.

 Legal Risk incorporating the issues of discipline, separation and conflict

Legal risk refers to the substantial legal consequences that results from actions that are attributed to the management process. Management of legal risk refers to the process of controlling such risks, preventing them from arising or efforts aimed at mitigating their effects through assessment processes, control and decision making. The process of assessing risk requires definition of significant risks which are then measured with clarity. After the assessment, these risks can then be accepted since they have become tolerable, lessened, mitigated or eliminated altogether where this is deemed sensible or proportionate (Moorhead, 2015). Such risks arise when the managers are dealing with employment separation, conflict resolution or upholding progressive discipline in an organisation. Employment separation broadly refers to the management of employment termination which can be either voluntary like resignation or retirement or involuntary such as layoff, discharge, business closure, disability or even death. Discipline refers to giving to employees the expectations, policies, rules and procedures and then working together with the employee to instil a behaviour that is consistent with the expectations in the organisation. Conflict management refers to recognizing and solving disputes effectively in a rational and balanced manner.

The management of these issues may result to legal issues. Employees can be a source of risk and a means to address risks, which depends on whether they are good or bad in following policies of an organisation. Apart from business reasons to have an effective termination process, there are many legal risks that can arise when an organisation terminates an employee. There are various practical and legal concerns which depend on the mode of separation. Depending on a particular situations, an employee may decide to take legal actions against the managers involved in the termination process, the organisation or the co-workers of the terminated employees (Moorhead, 2015). There are many reasons why an employee may take such actions, so managers should have a laid down plan and implement the termination with a lot of care. Such causes may be related to final pay for employees who are discharged or who resign where the employer fail to address the rights of employees or the organisation fails to honour their obligation for unemployment compensation.

The policies relating to progressive discipline are not mandated by the federal government or state laws. However, there may arise legal issues when such policies are being applied that may include whether the said policies can affect the will of the employee to remain in employment, what should happens if the employer faults in remaining disciplined and what checklist are necessary to ensure the maintenance of unbiased implementation of the discipline program. The important issue is whether the discipline policy outlines what should be done so that an employee who is terminated without proof of misconduct does not file discrimination charge. In short all the employees who are found to have been involved in misconduct should be given same treatment unless there reasons to suggest a different discipline. Conflict management on the other hand involve the various measures of handling personal grievances and cases of conflict between groups of various employees. In case of a mediator is needed, their role is to know whether to intervene or not. It may be difficult for a mediator to assist individuals or groups who want to assert their legal rights of employment (Acas, 2009).

Moorhead, R. (2015) .Legal risk: definition, management and ethics. University of Birmingham. 1-26. Retrieved from: https://www.ucl.ac.uk/laws/law-ethics/research/papers/erc-executive-report-legal-risk-definition-management-ethics.pdf

Acas, (2009).Managing conflict at work. Retrieved from: http://www.acas.org.uk/media/pdf/h/5/Managing_Conflict_at_Work_December_2009.pdf

Thomas J. Catalano and Abdul Hussein Jabari

Citing from the cases for Mr. Catalano and Mr. Jabari, the judge appeared to have made no considerations regarding family situations and community support. Therefore, the only consideration that the judge made regarded the positions and organizations served by the defendants. Literally, Mr. Catalano served a more critical position than Mr. Jabari possibly citing from the income earned. Thus, though their culpability was nearly equal, the judge decided to give a long probation sentence to Mr. Catalano and a shorter state prison detention to Mr. Jabari. The reason why the judge seemed not to consider family situations and community support is that Mr. Jabari had a bigger family but yet faced state prison detention. Additionally, Mr. Jabari had enough community support but this did not deter him from being incarcerated.

The first contention that can be raised by the judge in the support of his decisions in Mr. Catalano’s and Mr. Jabari’s cases can be the criminal code. For example according to penal code 192 (b) California, the penalty for involuntary manslaughter includes a maximum of up to 4 years in prison. Therefore, for the probation, the judge might be obliged to employ subjective decision making since there are no precedents to be followed while offering probation on involuntary manslaughter. As a result the judge ends up giving 10-year probation sentence. The similar case applies to Mr. Jabari where different penal codes provide that distribution of a controlled substance should be sentenced for not less than 5 years in prison (DEA, 2016). The other contention that the judge can use to support his decision is based on the grounds that the defendants committed more than one crime which demanded for consecutive and concurrent sentencing. Thus, consecutive and concurrent sentencing demands for subjective decision making since there is no specific precedent that can be followed.

Citing from Mr. Jabari’s case, it is probable that the judge used racial bias in making decisions for the two cases. According to different studies conducted to assess the issue of biased sentencing particularly for the people of color, it is factual that there is likelihood of up to 43% of being offered a prison sentence (incarceration) if the defendant is from people of color ethnicity group (PHYS, 2016). Therefore, this can be regarded as the reason why Mr. Catalano received a probation sentence and Mr. Jabari received an incarceration. The other bias that can be spotted from the two cases regards the income level of the two defendants. It is factual that Mr. Jabari was a lower income earner compared to Mr. Catalano together with the fact that he had a bigger family (with three children) than Mr. Catalano who had two children. Thus, it would have been logical for Mr. Jabari to serve a probation sentence to continue providing for his family. However, the judge appeared to overlook the consideration.

Citing from the cases that have attracted demonstration such as that of Troy Davis v. U.S criminal justice back in 2011, it is factual that demonstrations have no adverse effect upon the sentencing (Walker, 2011). This might be contended on the grounds that demonstrations only occur outside the doors of the courts whereas the ruling of the cases happens behind the doors. Thus, this means that there is no intervention that can be caused while offering a sentencing to the defendant.

Generally, it can be contended that comparing the ruling of the cases for Mr. Catalano and Mr. Jabari, there was no significant bias as the judge only appeared to employ subjective judgment with regard to the severity of the number of crimes committed. Therefore, it is noteworthy that the difference between the rulings of the two cases was resulted by application of and concurrent and consecutive sentencing type of case ruling.

References

PHYS, (2016). Study identifies racial bias in US court sentencing decisions. PHYS.org. Retrieved from phys.org/news/2016-02-racial-bias-court-sentencing-decisions.html      

Walker, S. (2011). Troy Davis v the US criminal justice system: an unfair contest. The guardian. Retrieved from http://www.theguardian.com/commentisfree/cifamerica/2011/sep/22/troy-davis-criminal-justice-system

Drug enforcement administration, (2016). Subchapter 1: control and enforcement. U.S Department of Justice. Retrieved from http://www.deadiversion.usdoj.gov/21cfr/21usc/841.htm

Contrast and comparison between assault and battery crimes.

            A battery offence is where there occurs unjustified touching of another person causing harm while an assault is attempting or threatening to touch someone against his or her will. Therefore a battery is an attempted assault. The battery crime must not really involve a caused injury or pain to the body. In assault the victim must be conscious of the criminal intension and ability to commit the offence while in batter the victim maybe or may not be conscious. An assault may not have any self-defense while battery necessarily require some sort of self defence. However the two crimes are at times considered to be one crime. This is because both are crimes but of different degrees. Battery being an assault that has been physically done. Before battery occurs there is always an intent to harm and threaten before the actual action. Hence there must be an assault before the actual act battery.

Example

            Tanus a primary school boy walking from school meets Jessup the most notorious boy in the school on his way. Tanus had reported a case to the teacher about Jessup’s mis-conduct. Jessup is known for revenge and fighting other pupils in school. This makes Tanus to have a lot of fear of harm always when he is on his way home or to school. This can be considered as an assault case. Pastlen goes in with her friend Janice forcefully. This is considered as a rape case which is a battery crime.

            In other jurisdiction where assault is defined as an intentional physical contact with a person without her knowledge. In this case a physical action occurs but it is still considered an assault. In this jurisdiction the definition of assault contains the definition of battery of other jurisdictions. The jurisdiction only have degrees of assault and no battery. The different degrees are the ones that determine the different measures of punishment to be given. The different degrees of assault include three stages where the first bears the most severe punishment. This degree involves body harm or disvaluing human life by use of dangerous weapons. It is called an aggravated assault. The second degree includes use of weapon but the body harm is less serious. The third degree doesn’t involve use of weapons, it is just a threat to do the injuries but not doing it. It receives the lightest punishment[Cedric 2015].

            Sexual battery or assault in other jurisdictions can be considered consensual in some cases. A consensual touching is where both parties are willing to be involved. A case where a lady complains of a sexual assault to a judge. At the listening of the case it is heard that the complainant is the defendant’s lover. The place where the scene occurred is the man’s house. The lady complains of her breast being touched by the man. It is also brought to the attention of the judge that the lady spent the previous night in the man’s house. In this case the reported assault is considered to be consensual. The complainant was willing to engage in this since she went there herself and even spend her night there. Such a case will be judged in favor of none of the two parties. There would be no punishment to the defendant because he might have been tempted by the same complaint to doing whatever he did[Kimberly 2016].

Conclusion

The crime of assault and crime of battery are two different crimes to some jurisdiction one to some. However wherever they are two different ones there are some similarities and differences. They are both cases which involve relationship between human beings.

References

Top of Form

Ryngaert, C. (2015). Jurisdiction in international law. Oxford: Oxford University Press.

Top of Form

Ferzan, K. K. (2016). Legal, moral, and metaphysical truths. Place of publication not identified: Oxford Univ Press.

Status of women incarceration in U.S.A

Marylee is very effective in presenting her criticism on the U.S government policies on drugs that lead to high incarceration of women more than any other country in the world. In her argument she asserts that the war on drugs has mostly affected the women of colour and their children in United States specifically. However, these are not her personal sentiments but a result of an analysis on the various studies that have been carried out on the same. Documented results have shown that the increase in number of women in U.S is as a result of economic emancipation (Kajstura & Immarigeon, 2015). This results from the global economic model capitalism that promotes the spirit of individualism in a neoliberal society. She successfully relates the effects of such a socioeconomic model that tends to socially exclude the marginalized citizens who are mostly the women of colour. She also connects the lack of economic inclusion of women to their involvement in drug dealing which finally lands the behind bars.

She manages to make a difference while putting across the case of helpless women of colour who have been denied an opportunity to participate in economic activities which in turn pushes them to intermediate criminal activities. This then steers them to crimes related to drugs, low-paid work and sex-work. She also proves her case with proportionate figures that show the changes that have occurred in the composition of female population in U.S prisons. She is able capture the attention of readers by showing how people with vested interests like politicians, prison unions’ representatives and industries that depends on prison consumption use the situation for economic interest or political gain. She proves her case by presenting the disturbing case of privatisation of prison driven by global capitalism (REYNOLDS, 2008).

The fairness in this article is shown in the author’s non-radical, people driven change of the situation. Her recommendations are quite reasonable since she calls for an all-inclusive activism, not through deviance but by use of positive forces through world organisations such as World Bank (REYNOLDS, 2008). Her conclusion is reasonable since it captures the sentiments of other documented arguments.

References

REYNOLDS, M (2008).The War on Drugs, Prison Building, and Globalization: Catalysts for the Global Incarceration of Women. 2-25

Kajstura, A. & Immarigeon, R. (2015).States of Women's Incarceration: The Global Context

EMPLOYMENT AND POLICY LAW

Essay: 1 American with Disabilities Act (ADA)

            Job design is a core function of the human management that is related to specific methods, contents and the relationship of the job which will lead to satisfaction of the organization and the technology together with social and personal requirements to the employee. It is based on the principles on how an individual nature will affect the work with their attitude and behavior. This aims at designing the jobs in a manner that will result in job satisfaction, which will improve the quality and also reduce employee’s grievances, absenteeism and general employee’s problems (Flynn, 2015). Criminal justice agency takes in consideration of the American population in relation to persons with disabilities who are employed. It aims at providing reasonable accommodation of the persons with disability. This results in a particular manner in which job should be designed in order to accommodate this person and enhance their productivity together with job satisfaction (Flynn, 2015).

            American with disabilities recommends the enactment of various bills that will in order to protect this person from discrimination and advocating for an equal chance of employment. There is also a push for the public accommodation to see and implement the accessibility of the facilities by such persons. There is the protection of the disabled persons from abuse, harassment, and segregation. This means that the process of hiring, advancing and discharge of employees with disabilities will be free and fair. This accommodation must be well prepared and treating them fairly will facilitate exceptionally performance of the employees with disabilities (Rhoads, 2010).

            Criminal justice agency needs to take into account the provision of the persons with disabilities. This is because there is the need the agency to clearly understand the challenges that these persons go through and the accountability of the employer towards accommodating this person (Rhoads, 2010). The agency services through improved designs and the application of modern techniques will be in a better position to understand and gather any information that criminally related in the organization towards persons with disabilities. It will cross-examine the issue of intelligence base in a more analytical manner. Taking into account of such provisions there will be better policies that will lead to more useful information that which will be used to address any outcome involved to such persons. The criminal department will oversee the process of recruiting as being fair and is free from any criminal activities (Flynn, 2015).

            Once the organizational structure is being a layout, the criminal agency department will be able to access the considerations being put in place regarding the persons with disabilities. The agency will be able to analyze the information of the organization in a systematic manner which will create a more efficient and effective way to respond to the crimes. Criminal justice in relation to the job design will take into consideration the professional way of how recruitment is done and training is done. The process of developing them in order to be efficient will also be taken into account (Flynn, 2015).

            The agency will also take into account how these persons will deal with their daily life in order to achieve the much expected from them. In order for them to be at work on time, several things must be outlined. The mode of transport they use and its plans in relation to persons with disabilities.  Public entities in relation to public transport that they use will be subject to the scrutiny of the criminal agency (Flynn, 2015). This is because the organizations that deal with offering the transport has to take in consideration of such persons to facilitate a smooth time with them once they are in need of their services. This also includes the railway transport corporation. The agency has to ensure that these services are not denied to such persons and they can easily access them physically. Commercial facilities has to put in consideration that their services are readily available in the employment arena. The criminal agency should ensure that this facilities comply with the various rules and regulation and is in compliant with the American with Disabilities Act (Rhoads, 2010).

            This job designs should also put in consideration the telecommunication methods that the persons with disabilities will use will working. This is to facilitate efficiency at work which includes all kind of disability such as visual, speech impairment and those who are notably deaf (Flynn, 2015). Any violation of this should be handled by the criminal agency. By putting into account of this job designs provisions then the criminal agency will bring sanity to the in the area and increase the hope to such persons as well as creating awareness of the consequences that one will face in relation to the violation of their rights (Flynn, 2015).

Essay: 2 Tennessee vs. Lane

            This case involved the congress enforcement powers of plaintiffs who were disabled Tennesseans. This was under section 5 of the fourteenth Amendment (Rhoads, 2010). The case was about the inaccessibility of the upper floors in the state courthouses. They argued that they were being denied public services due to their disabilities. They said that their rights were being violated. They sued the state for damages. The Tennessee argued the amendment prohibited such a suit and initiated a motion to dismiss it. The case relied on the provision of ADA that paved way for the people to sue the state for discrimination due to their disability. The congress abrogated the remedy of congruent and proportional. It was massed that there was no enough evidence of the discrimination they faced on the basis of the sovereign immunity (Conser, Paynich, Gingerich, 2013).

            In Lane, the majority in the Supreme Court ruled that the congress had enough evidence that the persons with disabilities were being denied the rights that are fundamental to them and they are protected by the clause in the 14th amendment.  The congress enacted a remedy of congruent and proportional since it was reasonable accommodation (In Fleming & In Levy, 2014). It was not disproportionate and unduly burdensome to the harm. The law was constitutional and the congress had an upper hand in it.  In this case, it is notable that the Lane proposal was utilized by the court and applied to the facts of the claim. The function had a great shift in the congruent and proportional which was used to prevent the violation of the civil rights amendment (Conser, Paynich, Gingerich, 2013).

            The congress remedy was powerful but did not excessed the powers in section 5. This is because the court administrators had to oversee that. The statutes were made with the intention to prevent persons with disabilities from being denied public access. The case was about the courthouse being a public entity denied them the access (In Fleming & In Levy, 2014). For reasonable accommodation, the courthouse had an obligation to provide an elevator, in this case, to ensure that the disabled plaintiffs to access the second floor of the building where the courthouses were located. In the remedy of the ADA, the remedy requested was not burdensome and therefore, such a service should have been readily available to any person who would need it (Rhoads, 2010).

            The congress power is not limited and the congress used a wider and a devising measures that are preventive for the unconstitutional actions. It is not easy to discern but the congress enacted a direct response for the purpose of restoring the rejected law in order to have a defendant statute that has the reasonable meaning of enforcing such objectives that can be understood. This was aimed to provide public accommodation and services with discrimination. This sets an engaging pattern in providing reasonable accommodations rationally (In Fleming & In Levy, 2014).

            The congressional passage did not exceed the authority in section five of the fourteenth amendment since it applied to all public institution inclusive to that of the government to provide suitable accommodation to enhance a smooth life to the persons with disability (In Fleming & In Levy, 2014). Apparently the congressional passage possesses a great chance for the federal statutes survival attacks because of the claims of the eleventh amendment. Lastly, the function of the statutes appears to be arguably applicable to the claims of the persons with disability in America in critical areas such as education, communication, transportation, institutionalization, recreation, health services that are meant for public services.

Reference

Conser, J. A., Paynich, R., & Gingerich, T. (2013). Law enforcement in the United States.            Burlington, Mass: Jones & Bartlett Learning.

Flynn, E. (2015). Disabled justice?: Access to justice and the UN Convention on the Rights of      Persons with Disabilities. Farnham [u.a.: Ashgate.

In Fleming, J. E., & In Levy, J. T. (2014). Federalism and subsidiarity. New York : NYU Press

Rhoads, M. A. (2010). The ADA companion guide: Understanding the Americans With Disabilities Act Accessibility Guidelines (ADAAG) and the Architectural Barriers Act (ABA).         Hoboken, N.J: John Wiley.

Reaction paper to Prisoner's Dilemma

Prisoner’s dilemma is a game theory which acts to explain why two rational people cannot be able to cooperate together. This game is commonly used in situations whereby two people who either collaborated in making a mistake and the authorities do not have evidence against the suspects. The game therefore allows the two suspects to be put under different solitary confinements where they cannot be able to discuss the issue at hand (Poundstone, 2011). Each suspect is then questioned about the matter, if one suspect give conflicting statements from the other, then both of them are imprisoned. On the other hand, if both of the suspects decide to remain silent for the sake of the other, then they will not be imprisoned. If one of the suspects remains quiet while the other decides to provide information, then the one who kept quiet will be imprisoned. This game therefore allows the one who provides the right information to be set free. If one suspect gives a wrong information while the other one gives a right information, then both of them will be imprisoned. This therefore means that there is no way that two people can be able to corporate.

Each suspect will consequently want to be set free, and this will therefore make one to risk the life of the other suspect in order for one to be free (Poundstone, 2011). It not easy for both suspects to be quiet in order to safeguard the freedom of the other, this therefore means that one of them will have defy the odds and go against his or her partner. Therefore, the game explains how in real life situations, people cannot be able to sacrifice themselves for the sake of others. This game can also be used to identify if a person can be loyal to his or her friend in times of problems.

Reference

Poundstone, W. (2011). Prisoner's dilemma. New York: Anchor Books.

Law and media

Question 1

            This is the right that is accorded to individuals in relation to communication. This is to mean that people are allowed to express their thoughts, views and beliefs without trepidation or dread of retaliation from the government or any form of censorship (Meiklejohn, 2004).  This term also means that individuals are allowed to gather, receive and send information freely without restrictions of the channel used. However, the government is allowed to put limitation to this right if the speech is related to vilification, defamation, pornography, public security, public nuisance, false swearing or oppression (Schulhofer, 2012).

            People that are employed in state or local governments; including teachers, human resources in a facility, police officers or clerical employees are in most cases restricted from speaking out against the government or the place of employment (Meiklejohn, 2004). It is also vital to note that all government employers are required to deal with their employees in order to provide efficient services to the public. It is also critical to note that employees who speak negatively against an institution that renders its servicers to the public would cause the people not to appreciate the services offered and could lead to closure or lack of confidence to the public (Meiklejohn, 2004).

            It is also critical to note that the first amendment allows public freedom of speech to public employees and not to private employees (Schulhofer, 2012). This is because the bill of rights is only relevant to governmental actions. This is to mean that a private employer has the right to discipline their employees concerning what they speak as he considers fit. The private employer is allowed to fire an employee whose speech is inappropriate (Schulhofer, 2012). The university employees work for the private employer and therefore they do not have a free speech as long as they work for the university.

Question 2

            Intellectual property refers to things that are fashioned and produced form one’s mind. Such things include works of art, writings, ciphers, images and pictures that are used in business.  It is vital to note that intellectual property is protected by law in form of patents, trademarks and copy rights (Bosworth et al 1986). These enable people to gain credit and acknowledgements and also for financial benefits to the inventors. Ensuring that there is a balance between the wellbeing of the inventors and the interests of the consumers; the intellectual property helps to ensure that there is an environment that allows thriving and development of creation, invention and innovation (Lindberg, 2008).

            A patent is an authority that is granted by the government to exclude others from manufacturing, selling or using an invention apart from the sole creator (Lindberg, 2008). Some of the companies that enjoy patents are Toshiba, apple and Coca cola among others. The basic idea of patents in business is a good one because it has allowed the inventors to have limited monopolies over a technology in order for it to build on the creation (Lindberg, 2008). This is to mean that advanced technologies are made in order to spur further innovation instead of them remaining to be business secrets.

            Nevertheless, the aspect of patent protects has been crippling innovation instead of growing it. Statistics state that by the year 2008, the profits received from patents for American companies totaled to $4 billion whereas the litigation costs totaled to 14 billion (Lindberg, 2008). This is to mean that there have been challenges because people value the prizing of the patent rather than the quality of the patent. Another issue is the increased rise in uncertain patents especially in field such as software and models in business (Lindberg, 2008).

            From this we can see that it is crippling the growth and development in innovation because inventors are not allowed to venture into such models that have been issued with patent protection yet the stated companies are not doing anything to better the creation (Lindberg, 2008). This has been a challenge that needs to be reformed due to the tremendous growth in technology that allows new or modified technology all around the globe.

Question 3

            Defamation can be termed as the public proclamation of a statement that lowers the state of n individual before people (Keller, 2009).  This can also be termed as libel or slander if the information is publicized in print form or is broadcasted to other people. Slander is to mean any communication that is verbal or in gestures. For a statement to be termed as defamatory, it must actually cause harm to the reputation of the person (Dwyer, 2012). In this case, defamation on new media would be to speak ill of the new media that would cause harm in terms of people losing the confidence to purchase or low sales.  In law, the extent of the fault primarily depends on the plaintiff. This is to mean that the extent of defamation can be measured by the effects of the statements on the individual.

            It is vital to note that in some cases the plaintiff is entitled to damages. Some of the rules involved in defamation are duty of care where the employees are entitled to have dutiful care to the organization and its products (Dwyer, 2012). Defamation would cause lack of this care and therefore lead to harmful effects to the organization. Breach of duty also applies to defamation in terms of where for harmful statements to occur one must have violated the duty of carev(Dwyer, 2012). For employees to avoid cases of defamation then every grievance should be reported to the relevant authorities in the organization in order for it to be rectified (Keller, 2009).

Question 4

            Promotion is involved in marketing but is specifically involved in communication to the target customers. This is a critical process because it enables consumers to be aware of the products in the market, be fascinated about the product and create interest in them to purchase the product (Crosby et al, 2011). This can be achieved through advertisement of the product. In this case the target customers are the students. One of the major questions that need to be asked is what type of media do the students use regularly?

            With the target audience the main channel to use is internet. This can be done through the social media such as face book, twitter and online discussion groups among other channels (Crosby et al, 2011).. Information about the drug can be explained in one of the social media platforms because it will allow many students to be aware of it and also create the interest to buy. Appealing advertisements can be a cause of attraction to the students to buy the drug (Cottrell & McKenzie, 2011). The above forms of advertisement will create the awareness and also explain the benefits of the drug to the students.

            This will also create satisfaction and contentment to the food and drug administration regulatory body in the states because it will ensure that the drug has been advertised using the right means and is of great importance to the students (Cottrell & McKenzie, 2011). This will ensure that the company is confident about the firm’s records thus keeping the FDA happy.

Question 5

            Organizations should ensure that working hours for employees should be used in carrying out work related activities. However, there are some cases where the employees use the working hours for other things that are not related to the work. In this case the organization should evaluate whether the working hours balance with the amount of work issued to the employees (Chaney & Martin, 2007). In this case policies about the use of social media should be placed and implemented because this behavior can affect the productivity of the company.

            Employees in a private organization are not entitled to free speech and therefore bad mouthing the supervisor and lying against the company is a violation this right (Taylor & Emir, 2015). Laws in regard to the first amendment allow the employers to discipline such employees to their discretion.  This is because this would bring negative effects to the company especially in things that are not true. The supervisor is also entitled to damages as a result of defamation (Taylor & Emir, 2015). However, this will depend on the extent to which he is affected by the statements.

            It is also evident that the time used to do this is during working hours and therefore the employer has a right to discipline the employee (Chaney & Martin, 2007). In this case the employer is allowed because the employee is using working hours for non work related activities and also spoke negative about the company.  This information could risk the company in the public by destroying the confidence or portraying a bad public image of the company. Loyalty was lacking in this employee and therefore the employer is allowed to terminate her employment contract at will.

Question 6

            Social media has of late become very common where everyone is using it including employees in the work place.  It is also critical to understand that companies can be held responsible for any officially permitted and authoritarian issues that crop up as a result of employees using social media for defamation or discrimination purposes (Breakenridge, 2012). Companies are also facing the risk of employees leaking very sensitive company information or customer information to the public. The risks associated with this are far much beyond the whether the employee carries out the offense during working hours or off working hours (Joosten, 2012). This is because the employee is identified as part of the company at all times.  

            Content is one very important aspect of social media. This is because the content is what determines the outcome of the information after it reaches the public (Breakenridge, 2012). The information that is passed on social media should be analyzed in order to avoid such risks. I believe that if the content of information is evaluated then risks such as defamation would be avoided.

Sample bill

Bill Number –

Purpose- it is to reduce the risks of defamation and any other challenge that is caused by wrong information on social media to the public.

Be it enacted by the media and maws regulatory body

Section 1: For the purpose of this bill, the effects shall take place immediately.

Section 2: All companies shall ensure that there are policies in relation to the use of social media for all employees.

Section 3: All information that is posted on ay social media platform shall be analyzed to ensure that it contains minimal risks to company.

Section 4: Any person that violates the policies that relate to the use of social media shall face disciplinary actions that lay at the discretion of the employer.

Signature:

Question 7

            Face book can be termed as an online communications service that was launched by Mark Zuckerburg in the year 2004 (Wankel et al, 2010). It is used for social communication between people from all over the globe. It is also vital to note that face book provide a plat from where people can put their genuine lives online. This is because the plat form allows people to provide accurate and realistic information about their lives and also provide genuine interactions with acquaintances (Pride et al, 2012).

            It is evident that face book has approximately 1.6 billion users from all over the world. This shows that this site has the highest number of users as compared to other social network sites (Wankel et al, 2010). It is also clear that face book is available in different languages as compared to other sites thus enabling users to connect with friends across geographical borders (Wankel et al, 2010). The number of people using face book is still expected to grow as the usage of mobiles continues to increase.

            Face book provides diversity usage because it puts much emphasis on the exchanges among acquaintances and family and is also shoving interaction through sharing photos, games and the sharing of status (Pride et al, 2012). It is also evident that face book has grown in many diverse regions whereas sites such as MySpace have not grown in various regions.

            Face book offers a wide range of activities such as showing people of upcoming birthdays, create business connections, act as an advertising plat form, and invite people of worldwide events among other activities (Pride et al, 2012). This has caused many people to prefer face book the the use of other social network sites.  This has caused it to be the leading social network site in the world.

Question 8

            The use of email is an electronic exchange of information in digital form from a sender to multiple people (Wallwork, 2014). Emailing is functional from the internet or through processor networks. An email message constitutes of three parts which are the envelope of the message, the header and the content of the message. In most cases expressive information is very vital such as the subject of the message and the date of submission (Curran, 2009). An email spam can be termed as spontaneous mail that contains nearly identical information as an email and is sent to numerous people.

            When information is marked as spam, the recipients may not read it as it is considered to be junk and therefore the essence of communication is lost. There are several ways to ensure that a message is not flagged as spam;

• Ensure that any information that is sent to the customers will always provide them with an allowance to exclude themselves from the mailing addresses (Curran, 2009). This will help to ensure that the information is only available to the required users only.
• The information systems department of the company should reflect on using services such as the constant contact to send out newsletters or any information from the company to the customers (Wallwork, 2014). This service ensures that the emails are sent out safely without the risk of being flagged as spam.
• The company should also refrain from sending out large attachments or sending out messages that are entirely composed of pictures (Wallwork, 2014). This is because it may be mistaken for an advertisement and therefore be considered as a spam.
• The company should also plainly affirm the use of beacons and web bugs in the public privacy policies (Wallwork, 2014).
• The company should ensure that all mails are sent to active accounts. This is because inactive accounts are prone to being converted to traps by dishonest and corrupt mailers (Curran, 2009).

Question 9

            It is vital to note that the right to privacy is deemed to be an international rule. This is to mean that everyone is subject to privacy in relation to family and home issues (Cross, 2014). In this technological era, the right to privacy is being threatened. It is vital to understand the normal internet transaction in order to view how privacy can easily be lost through the internet (Bennett, 2004). We can also see that the opportunities that allow people to post ay thing on the internet has greatly affected privacy in internet.

            Information about users can be retrieved through cookies, IP address and click streams among other internet features (Bennett, 2004). These can give information about the user such as the sites they visit, the geographical location and also their personal information. The use of personal information on sites such as face book, twitter and other social; sites also reveal the personal information of an individual. This is because the users willingly provided such information for others to see (Bennett, 2004).

            There are various ways in which privacy can be maintained through the internet by using a private and protected social network (Cross, 2014). This will ensure that information is encrypted and allows the user to remain anonymous to other users. The use of firewalls is also critical in ensuring privacy. This is because they keep the computer clean and without viruses that could corrupt the computer (Cross, 2014). As discussed earlier, cookies can be a threat to privacy but can also help to maintain the privacy if users regularly delete the cookies and log out from any social site account when they are not using it. From the above it is possible to maintain privacy through internet despite the threat associated with technology usage.

Question 10

            The use of media across the internet to distribute information has become increasingly evident even in the court system. The use of smart phones have also impacted the media in courts as they work efficiently just as computers (Wolf et al, 2003). Any information that is available on the computers is also available on the smart phones. This shows that smart phones have played a larger role in shaping the interaction in the 21^st century. Information has become handy as one is able to be updated on the news from all around the world in a very short time (Federal Judicial Center, 2001).

            It is vital to note that the federal courts do not allow the recordings of court proceedings to be taken and shown to the public (Wolf et al, 2003). However, pictures and recordings can be used to provide evidence in courts. It is vital to note that the smart phones come in as being useful especially in ensuring that past court cases can be available to the public after the court hearings (Wolf et al, 2003). This is vital to ensure that instead of court rulings to be stored in paper form, the court can store the information on the smart phones.

            The courts also use the smart phones to keep the general public on the latest court news and the developments in the courts (Wolf et al, 2003). As a result of the use of smart phones, the lawyers, litigants and state agencies are able to assess all court news and information on the smart phone (Wolf et al, 2003). This makes it easier to access and distribute information.

References

Bennett, J. (2004). The digital umbrella: Technology's attack on personal privacy in America.      Boca Raton, Fla: BrownWalker Press.

Bosworth, D. L., Royal Statistical Society (Great Britain), & Economic and Social Research        Council (Great Britain). (1986). Intellectual property rights. Oxford: Published for the       Royal Statistical Society and Economic and Social Research Council by Pergamon Press.

Breakenridge, D. (2012). Social media and public relations: Eight new practices for the PR         professional. Upper Saddle River, N.J: FT Press.

Chaney, L. H., & Martin, J. S. (2007). The essential guide to business etiquette. Westport, Conn: Praeger.

Cottrell, R. R., & McKenzie, J. F. (2011). Health promotion and education research methods:     Using the five-chapter thesis/dissertation model. Sudbury, Mass: Jones and Bartlett Publishers.

Crosby, R. A., DiClemente, R. J., & Salazar, L. F. (2011). Research Methods in Health    Promotion. New York, NY: John Wiley & Sons.Top of Form

Cross, P., J. (2014). Internet Security: how to maintain privacy on the internet and protect your    money in today’s world. Create Space independent publishing platform.

Curran, K. (2009). Understanding the Internet: A glimpse into the building blocks, applications, security and hidden secrets of the web. Witney: Chandos Publishing (Oxford) Ltd.

Dwyer, T. ( 2012). Legal and Ethical Issues in the Media. Palgrave Macmillan.

Federal Judicial Center., & National Institute for Trial Advocacy (U.S.). (2001). Effective use of courtroom technology: A judge's guide to pretrial and trial. South Bend, IN: National            Institute for Trial Advocacy.

Joosten, T. (2012). Social media for educators: Strategies and best practices. San Francisco:        Jossey-Bass.

Keller, P. (2009). Liberal democracy and the new media. Oxford: Oxford University Press.

Lindberg, V. (2008). Intellectual property and open source. Sebastopol, Calif: O'Reilly Media.

Meiklejohn, A. (2004). Free speech and its relation to self-government. Clark, N.J: Lawbook       Exchange.

Pride, W. M., Hughes, R. J., & Kapoor, J. R. (2012). Business. Mason, OH: South-Western          Cengage Learning.

Schulhofer, S. J. (2012). More essential than ever: The Fourth Amendment in the twenty-first       century. New York: Oxford University Press.

Taylor, S., & Emir, A. (2015). Employment law: An introduction.

Wallwork, A. (2014). Email and commercial correspondence: A guide to professional English.

Wankel, C., Marovich, M., & Stanaityte, J. (2010). Cutting-edge social media approaches to       business education: Teaching with LinkedIn, Facebook, Twitter, Second Life, and blogs.     Charlotte, N.C: Information Age Pub.

Wolf, C., Pike and Fischer, Inc., & United States. (2003). The Digital Millennium Copyright Act:            Text, history, and caselaw. Silver Spring, Md: Pike & Fischer.                                                                                                                                                                                                                  Bot

Assignment 2: Criminal Defenses and Criminal Punishments

Q1

            The three main characteristics that determine the legitimacy of physical power include criminality, essentiality, and realism.  Criminality determines if what the other person implementing is unlawful and if it is legal, corporal influence is not considerable. Essentiality is the physical force that has to be instantly authoritative to protect the person from using of unlawful influence.  Realism can be defined as the physical power that is used in preservation or protecting someone else who might be real under the circumstances that are happening in the power.  It is satisfactory to use the realism physical power but it is illegal in the American criminal law.  For instance, there was a quarrel where a rule implementation captain used fatal strength and effected a teenage male stealing from a stock. The event is not in detailed inspection but when it was investigated, the broadcasting prolonged the incident out of governor. Plentiful inhabitants in America repelled and carried out messy revolutions, aggravating rule implementation, and other legal administrators to use fatal strength to protect administration. Irregularly, fatal power is needed when people are out of governance (Bloom & Infobase, 2004). 

Q2

            The stronghold policy gave the persons who have been confronted in their home by an invader to be stubborn and practice more physical power which is important and real for their protection.  For instance, if a criminal attacks your house while you and your families are asleep, you have the right to use deadly force for the security of your family and that of you.  However if the criminal is caught trying to run away from the premise and the owner use fatal force, you have the opportunity of being sentenced as the criminal is not dangerous to you or the family any longer.  Numerous states demanded the removal before using fatal bodily control as the Punishing program. An example of a fortress doctrine case that is being subjugated is the case of Brice who was gunshot and murdered by Dan. Dan went into the Brice’s garage to tell him about the way he had a connection with Dan’s friend. Dan was defenseless and susceptible but Brice had already shot Dan several times.  As the shooting become apparent and quite to a team of feet far away from the base roadway made a big difference. A court public prosecutor declared that based on the fortress policy law allowed Brice to use fatal bodily defense.  He said that it was lawful for Brice to hurry into the chamber and take his armament and shoot at the unarmed person as self-protection.  Brice knew that he was about to be attacked and his use of fatal force against Dan was acceptable. Opinion of Your Pounded Laws is suggestively an elimination of the responsibility to put in. The  law in many circumstances, affirm that in explicit conditions, a person or people can use bodily authority based on their own protection without making any strength to extract from the upsetting situations first (Bloom & Infobase, 2004).   

            The purposes of these rules are to eliminate any confusion when people cannot defend themselves and to remove beliefs of people who beneficently used self-protection although they do not make an exertion to put in against the unsafe condition. In these many countries that retain the Laws, an accusation of self-protection based on the Commandment gives forgiveness from the opinion rather than a corroborative protection.  Rather than implementing self-protection disagreement at an attack trial, the person could assert self-preservation based on the Law and escape court-martial as an unabridged. For instance, a male repossessed his pistol and shot two men who he suspected was transgrating into a neighbor’s dynasty. Another old man contacted the police and advised the patrol to catch the men. Regardless of being imparted to stay surviving in his house, the house owner declared he would shoot them as he had the right of self-protection.  Thus, the Administration permitted the Law removing the resident’s requirement to extract while in public sites earlier before using fatal power (Bloom & Infobase, 2004).   

Q3

            The dual risk section of the Fifth Amendment states that no individual will be a victim of the similar offense to be twofold put in lifespan risk.  This statement protects a complainant who has been vindicated on illegal duties from being needed to stand on trial once more. Protection against the clause is needed to be the given to criminal complainants.  The numerous judgments for the risk clause safety; to prevent the administration from using its developed status inventiveness to put down and falsely punish innocent persons and to protect people from the monetary, emotional and public effects of the uninterrupted action and to sustain the assurance and honesty of criminal affairs which would be damaged if the government was allowed to disrespect decisions it did approve.  The double jeopardy phrase is not much reasonable as the main reasons that we have laws are to promise that fairness is prevailing. If the new validation does not become much deceptive, one has some cases where after the unproven person is proven innocent, they admit to the misconduct as they cannot be exasperated more.  For instance in the Emmett case, his murderers were innocent to the judge, they told their account to the media and admitted to the killing.  Due to the dual risk clause, the killers could be jailed (Yee, 2003).

Q4

            The main geographies of the argumentative scheme are Impartial and Urge verdict producers, revelry performance of indication and influences and court-martial intended to highlight battle among events. Festivities have partial chances to show and claim their circumstances and instructions of specialized performance made to avert misuses. The opponent scheme is an arrangement of practical impartiality and not insignificant justice. Since insignificant justice is the due process in a prevailing and observable impartiality, the procedural process goes only through the variations of what seems like fairness. A huge valuation of the argumentative organization is developed successfully then realizing the sanity of situations.  The larger the amount of cash a person has, the more their chance of appealing the event.  I have the notion that an embarrassment of deficiency afflicted persons and components are enslaved and on demise commotion because of this adversarial scheme (Brody & Acker, 2010).    

Q5

            The sixth amendment makes sure that the privileges of criminal complainants joining the precise to a public probationary unaided by pointless delay, the precise to the advocate and the right to know who your indicators are and the spirit of the custody and legalization contrary to the person. The factual to an immediate test is applicable in the present culture as it stops a complainant from getting enslaved boundlessly and stresses that the trial headways deprived of extreme postponement. In Smith versus Hooey, the complainant was in national custodial, having not been freed and the state of Texas still had not taken any legal action on the situation.  The complainant proclaimed that his precise to an immediate probationary has been invaded.  The incident was taken to the Highest Law court and it coincided that the complainant’s right to an immediate probation had been invaded and that the accusation need to be released as the public had not even tried to file the case.  That’s the reason I support the right to an immediate probation section (Brody & Acker, 2010). 

Reference

 Bloom, H., & Infobase Publishing. (2004). Fyodor Dostoevsky's Crime and punishment. Philadelphia: Chelsea House Publishers. 

 Brody, D. C., & Acker, J. R. (2010). Criminal law. Sudbury, Mass: Jones and Bartlett Publishers.                                                                        

 Yee, S. (2003). International crime and punishment: Selected issues. Lanham: University Press of America.

Immigration Laws on College Students

            Since the imposition of the immigration law, it has become hard for the American college students to stay in America after completing their studies.  This has raised the tax burden to these students as they will need the proof of having more savings on their arrival to the college.  The international students have been paying more charge for hospital treatment than the American students which rises without notice.  The admission of immigrants will increase the wages of the native college students of America in that wages will be diminished with about 0.8% in order to increase the segment of the workforces who are the innovative settlers. Increases of the wages to the new immigrants and part of employees based on specialized occupations will really have an optimistic salary effect in that there is supplementality among in born employees and afresh reached settlers in the talent groups (Miller, Benjamin & North, 2001).  

            Salary belongings can also develop into deleterious as the period of the immigrants in the United States upsurges. Increased distribution of recently reached settlers does not statistically  have the deleterious impacts on the salaries of the native capable citizens but upsurges the distribution to the American students as they change position and have a minor but important undesirable result on small expert innate salaries. Renovation of the immigration system has increased the economic efficiency by reducing the labor shortages in high and low markets as the educational background of the college student fill the native born labor markets. The share of immigrants in the U.S employees has gone down (Miller, Benjamin & North, 2001). 

Reference

Miller, R. L. R., Benjamin, D. K., & North, D. C. (2001). The economics of public issues. Boston [u.a.: Addison Wesley.     

A study of crime in Sao Paulo, Brazil and its implication on local society

Introduction

Crime refers to any action or the emission which constitutes an on wrongdoing that can be prosecuted by a country and remains to be punishable by the law (L.C.C, 2005). There is no conduct which will end up constituting a crime not unless it is declared by the law of a state. Some forms of crime, for instance criminal damage and theft, might be civil torts through which the victim/s might resort claiming compensation for the damages caused.

Nonetheless, a crime usually evolves whenever an individual breaks the law through an overt action, neglect, or omission which may result into a punishment. When a person has breached a rule or has violated a law, he or she will be said to have committed a criminal offense. Basically, there are two main types of crime that a person can be punishable for; property crime and violent crime. Property crime is the type of criminal offense committed whenever an individual steals, destroys, or damages another person’s property for instance vandalizing a building or stealing a car (Lott, 2010). In most states, property crimes are the most criminal offences committed by individuals. On the other hand, a violent crime evolves whenever a person attempts harm, harms or threatens to harm another person or even conspires to harm another person. This is to mean that they are criminal offenses which entails force or threat of force for example homicide or robbery.

In connection to that, crime in Sao Paul, Brazil, majority of the crimes committed in this state entails an outstanding incidence of violent and non-violent crimes. According to statistics, Brazil possesses a relatively higher violent crime rates such as robberies and murders. It is extensively believed that majority of the life-threatening criminal offenses in Brazil can be traced from the perspective of alcoholism and drug trade (Meade, 2010). The country is also regarded as the higher importer of cocaine as well as the main route of the international drug trade.

Research question

How can we understand the causes to crime in Sao Paulo, Brazil city and what are the possible solutions?

Crime prevalence rate in the city

With respect to the above research question, below are they various types of criminal offenses as well as their rates in the city.

25. a) Murder _ in 2012, the statistics which was collected indicates that the city had recorded a murder rate of about 25.3% per 100,000 population. It was found that there were a total of 50,108 murders in the city in 2012. In 2015, it crime rate statistics indicated that the city had about 32.4% per 100,000 within 64,357 homicides (Un-Habitat (2012).

Historically, the rate of crime in the city has remained to be high as compared to other surrounding neighborhoods. In 2012, the city registered about 22.8 homicides per 100000 inhabitants which is basically relatively higher than what the WHO (world health organization) considers to be acceptable (Meade, 2010). This translates to 10 homicides per 100000 occupants or a rise of 11% between 2010 and 2012.

Regardless of the fact that the 2000s, the murder rate in Brazil has been increasing considerably, bucking this trend indicates that the city of Sao Paulo is now approaching 10 murders per 100,00 mark down from its highest rate of 35.7% in 1999 (Meade, 2010). The murder rates of the city set a new record between 2009 and 2011, surpassing the preceding murder statistics which was set in 2003. In 2003 alone, the city had a crime rate of 28.9 thus remained to be an outstanding record for murders per 100,000 in the country. The police crime statistics post extensively lower numbers unlike the health ministry. Generally, it is noted that about 500,000 people do lose their life through firearms in the city between 1979 and 2003. According to the crime statistics collected by the United Nations (UN), it was found that in 2005; nearly 50% of those who die from firearms during the previous ten years in the city are aged between 15 to 24 years (Un-Habitat (2012).

1. b) Robbery, assault and kidnapping _ Carjacking in the city is one of the criminal offenses which are common each day. Visitors and local citizens alike are regularly besieged by criminals, particularly during public festivals for instance the Carnaval. Bag snatching and pick pocketing are also at a high rise. In most times of the day, bandits do operate in hotels, in outdoor markets as well as on public transport facilities or terminals (Oyeyinka et al, 2010). Express kidnapping is also crime witnessed in the city. Often there are cases of people abducted and forced to withdraw money from banks through ATMs so as to secure their release.

Cases dealing with assaults each day are drawing more attention. Rape cases have ultimately grown to about 99% between 2010 and 2012. This was so because the city registered about 25.26 rapes per 100000 inhabitants which are relatively higher than homicide cases.

2014. c) Corruption and domestic violence _ in the city, corruption is perceived as being a social problem which has remained to be pervasive. According to the Corruption Perceptions Index, the city scored 43% in 2014. Corruption was then cited to be amongst the issues that ended up provoking 2013 protest in Brazil (Un-Habitat (2012). Although corruption is regarded as being a serious offense, it has remained to be an important part of the city’s politics. For about 15 years that have passed, despite the fact that corruption as well as the embezzlement of funds has greatly evolved in the city politics, electorate continues to elect for those politicians convicted for the same crime (Oyeyinka et al, 2010).

From the statistics concerning domestic violence, it is indicated that about 10 to a5 women are murdered each pay in the city. Between 2002 and 2007, it was found that about 8% of all the homicide victims were female. Conversely, this remained to relatively low as compared to rate of male victimization which was found to constitute 92% of the total homicides victims in the city as per 2002. Additionally, physical violence is the type of crime which stands to be higher by recording 78%. Moral violence is the second with 28% which is of course virtually linked with some psychological violence, cited by 27%. Out of the 66% domestic violence that was recorded, husbands or partners were the ones who were responsible for most of the attacks (Un-Habitat (2012). 76% of the battered women indicate that they no longer stay with their husbands. Nonetheless, although 32% of the still live with their abusers, 18% of them still suffer the attacks. Those who still live with their male abusers are still the victims of this violence. Although 40% of them are being assaulted rarely, 20% do suffer the attacks on daily basis.

Factors that contribute to high crime rate

Brazil is regarded as the leading supplier and drug trafficking route. Because of that, the continuous increase in the drug trafficking in the city is one of the contributing factors of the high rates of crime in the city (Edwards et al, 2010). This is also contributed by the excessive availability of firearms which are used by drug traffickers in protecting their territory, returns from such illegal business as well as to deal with rivals. Nonetheless, the increased drug use and abuse and gang culture and affiliation have also contributed a lot in that they offer a favorable attitude towards the lifestyle of the gangsters including drug use and violence (U.N.H.S.P, 2007).

High unemployment rate is also another contributing factor for crime in the city. The lack of unemployment as well as the positive social outlets for majority of the youth continues to encourage them to engage in crime. Usually, a lot of people do move to the city for the search o white collar jobs and better living standards in return. Contrary to that, a lot of them, especially youths, do not manage to secure on and because of that they resort violence and crime so as to contain their lives in the city (U.N.H.S.P, 2007). Illegal owning of firearms, which is of course comes as a result of unemployment as well as the massive levels of poverty experienced by huge percentage of individuals.

In addition to that, the lack of reassurance that any person responsible for committing a crime in the city will be brought and held accountable for such a crime, is another factor which encourages people to continue committing a crime (Edwards et al, 2010).   For example, it is noted that have passed, despite the fact that corruption as well as the embezzlement of funds has greatly evolved in the city politics, instead of ensuring that those politicians who are found having committed a crime are brought to justice, the electorate the country continues to elect for them. In addition to that, this makes people not to feel safe reporting some offenses which might have been committed to them or their property because of the fear of retaliation.

Determinants of Crime victimization in the city

With regard to the rates of crime in the city, the determinants through larceny or burglary takes into account the investment of the victim in self-protection as well as criminals with some heterogeneous ability. Such determinants end up generating a non-increasing relationship amongst the income of an individual (which remains to be much attracting to the criminal) and the likelihood of him or her being victimized (Edwards et al, 2010).

This then suggests that rich people are less likely to experience victimization unlike the middle class or lower class individuals of the city.  This is to imply that in normal circumstance, rich people do received good security and their areas where they stay or when they move from one place to another within their city, the security they are given reduces their chances of becoming victims of crime. On the other hand, middle come lower class individuals rarely do received the adequate security both when living or moving from one place to another within the city. This then means that their victimization likelihood will be higher although that of the middle class individuals is relatively higher as compared to lower class individuals.

According to the victimization survey for Sao Paulo state, it indicates that the victimization likelihood is greatly influenced by the size of the city.  The population characteristics of the city, for instance income, the political status of a person or education levels of its inhabitants, have a huge impact to the extent at which a person will be the victim of crime (Moser, 2004). This then suggest that, when is well educated it means that his or her chances of being the victim of crime, especially corruption, are low unlike the uneducated ones. The reason for this is because the uneducated individuals do not have widespread opportunity of defending their rights when it comes to corruption in the city.  

In connection to the above, such investment is likely to generate some non-monotonic relationship among the income and victimization in case of the offenders with different levels of skills (F´abio & Louren, 2009). For instance, individuals who are prone to be the victims of crime often self-select themselves to the city. Therefore, being in the city of Sao Paulo cannot be taken as being the determinant of victimization. It is the position that one holds that will determine it.

Moreover, it can also be suggested that crime and the size of the city does not have a profound relationship to each other, and thus the same applies also to the income of the victim and the victimization likelihood. The reason for that is because, whenever people decide to live in the city, they do not consider their victimization likelihood.

On the other hand, the size of the city can also be taken as being an important factor for determining the likelihood of a person becoming the victim of larceny (F´abio & Louren, 2009). It should then be realized that the rate of crime does not usually increase with the increase in the city size. Contrary to that, education and income accounts for huge percentage of the city size affect thus the likelihood of an individual being a victim of violence. This then means that, crime victimization in the city decreases with the increase of the victims’ income.

How crime affect local businesses and safety of residents

        Local business

Basically, criminal offense which is done o business entails corruption and embezzlement of business funds, stealing or vandalizing of business properties.  As the state of the economy of the city tightens, the rate of crime is also increasing drastically. This comprises also some sort of violence to corporate espionages. Currently it is estimated that a large number of businesses have applied for bankruptcy because of such crimes although a number of them have managed rise. Majority of individuals are now faced with increasing financial pressure that has resulted to the sharp spike in all aspects of the controversial behaviors or crime (Palmer, 2012). As people remain to be struggling with medical expenses, fore-closures, layoffs and so on, it increases the possibility or chances of an employee stealing from his or her organization. These actions in the city of Sao Paulo are punishable by the law because of the negative effects it has on the well-being of the business as discussed below;

1. a) Loss of revenue _ once any business organization in the city has been compromised by such illegal actions, it makes it relatively harder for such a business to be in the position of running its daily economic activities (Palmer, 2012). The reason for this is because it cannot manage to acquire the necessary resources required to run it efficiently and successfully because its funds will already be affected. This is equally discouraging since running an enterprise with full of debts is extremely difficulty.
2. b) Damage reputation _ whenever a certain business organization in the city will be faced with crime, for instance corruption and embezzlement of funds, it reputation will be damaged. The reputation of not only the client but also for the potential investor who had been invited to invest in that particular business will also be ruined. This will make them to remain with doubts as whether the business will sustain itself or not. They will also be bothered about their general security in the organization. The clients of the business will also develop a negative impression about it thus making the business to perform poorly in return (b, 2003).
3. c) Reduced production _ whenever consumers’ losses interest on the product or services that are offered by certain business, the production levels of that business organization will be affected. The output from employees working in that business will also diminish (b, 2003). The only choice such a business will be left with is to lay-off a certain percentage of them. This is unfortunate scenario that a business can experience because of corruption. It will also remain to be frustrating for the owners for losing his or her business.

           Safety of residents

Every citizen in the city remains to be negatively impacted by this social, political, and economic factor. There is no one the society who escapes its impact as well as the violence that has affected the city. Crime interferes with the people’s daily life, their ability to trust each other or the fabric of their community or way of life (U.N.H.S.P, 2007). Because of this, the safety of its citizens is threatened in various ways as discussed below; 

Crime in the city, challenges the fabric of the community as well as the peoples’ way of life. For instance stealing has the capacity of deterring people from accessing and using various public facilities for example open spaces and parks and public transport (Penglase, 2014). People remain to be afraid of working in streets, afraid of travelling to other neighborhoods within the city. Crime also will end up discouraging the city’s residents from participating in various social activities.

Conclusion

In the city of Sao Paulo Brazil, crime and violence is regarded as being a social tragedy as well as a great expense for the Brazilian Government. Although the recent statistics which have been collected indicates that the city is improving in terms of controlling violence and crime, still the city is not safer for living or working. Nonetheless the living conditions of its youths have not improved hence the likelihood of the upholding these immoral activities are higher.

On the other hand, issues which deal with drug trafficking, drug use and drug abuse, illegal owning of firearms, unemployment rates and disintegration of the social ties of families due to domestic violence have remained to be persistent in the city. This have it hard to control curb the chances of a person becoming the victim of crime or violence. Nonetheless, crime and violence in the city have extensively destroyed the economic growth of businesses due to loss of revenue, business properties and so on. The safety of the people also remains to be threatened hence restricting people from enjoying staying in the city.

References

Law Commission of Canada. (2005). What is a crime?: Defining criminal conduct in contemporary society. Vancouver: University of British Columbia Press.

Lott, J. R. (2010). More guns, less crime: Understanding crime and gun-control laws. Chicago: University of Chicago Press.

F´abio A.R.G & Louren P, (2009). The Determinants of Criminal Victimization in S˜ao Paulo State, Brazil

United Nations Human Settlements Programme. (2007). Enhancing urban safety and security: Global report on human settlements 2007. London: Earthscan.

Di, T. R., Edwards, S., Schargrodsky, E., National Bureau of Economic Research., & Universidad Torcuato di Tella. (2010). The economics of crime: Lessons for and from Latin America. Chicago: University of Chicago Pres

Moser, C. O. N. (2004). Urban violence and insecurity. London [etc.: International institute for environment and development (IIED). Human settlements programme [etc..

Palmer, A. (2012). The new pirates: Modern global piracy from Somalia to the South China Sea. London: I.B. Tauris.

Oyeyinka, O., United Nations Human Settlements Programme., & São Paulo (Brazil : State). (2010). São Paulo: A tale of two cities. Nairobi, Kenya: United Nations Human Settlement Programme.

World bank (Washington, DC). (2003). Brazil: Equitable, competitive, sustainable : contributions for debate. Washington, DC: World bank.

United Nations Human Settlements Programme. (2007). Enhancing urban safety and security: Global report on human settlements 2007. London: Earthscan.

Penglase, B. (2014). Living with insecurity in a Brazilian favela: Urban violence and daily life.

Meade, T. A. (2010). A brief history of Brazil. New York: Facts On File

Un-Habitat (2012). Enhancing Urban Safety and Security: Global Report on Human Settlements 2007. Routledeg Press

401 k plans and legal implications

401(k) plan is very significant particularly when it comes to talented employees since they can be able to carry out different activities which include saving money (Lapin, 2010). This consequently allows them to be able to reduce the costs that they are likely to encounter since the employers are entitled to deduction of taxes when they contribute money to the employees’ accounts (Burns, 2011). This consequently saves the employees a great amount of money which they could have otherwise paid as tax. Furthermore, the money which is contributed may also grow mainly through investments in the following areas, bonds, money market, stocks, mutual funds, saving accounts and other areas of investments. This plan therefore allows the participants to take their benefits after leaving the company thus reducing the responsibilities of the administrates (Smith, 2013). On the other hand, the employment laws and this plan are kind of the same since they provide the employees with advantages which makes it easy for them to be able to safeguard their money. Furthermore, the plan works hand in hand with the employment laws in making sure that the employees are able to secure their money.  The benefits of the employees are also safeguarded thus allowing the employees to live free from any pressures and problems.

The employment law and this plan are very significant in making sure that the employees get to enjoy their fruits of their labour. Furthermore, both plans are responsible for making sure that the employees are at an advantage of reducing their expenses (Lapin, 2010). This plan covers the future of an employee since it allows one to be able to save money thus making it easy for him or her to be able safeguard his or her future. According to the laws of employment, an employee is entitled to a pension soon after his or her retirement (Smith, 2013). This consequently means that the employee is supposed to save money which he or she will receive immediately after the retirement. The 401(k) plan is the same as a savings plan which makes it easy for one to be able to save money thus being able to withdraw it after his or retirement. This savings safeguards one’s future and it can also be used to pay for the school fees debts and other grants that one might have received before getting employed. The future of an employee is therefore covered by this plan and this consequently makes one to be able to avoid any problems that he or she might have faced if the necessary plans could not have been put in place (Burns, 2011).

The money is usually deducted from an employee’s pay check before the taxes are deducted. This acts as a tax relief since the employee will not be taxed on the amount of money that has been deducted (Lapin, 2010). In addition, the 401(k) plan can be used by employees working in a private organization and those working in public organizations too. Anyone who is eligible can therefore be able to enrol in this plan thus being beneficial to him or her in future. The employment laws require an employer to sponsor an employee when it comes to the retirement. The 401(k0 plan therefore acts as the pension plan and it makes it easier for the employee to be able to earn money after retirement. The pension earned is therefore more since the tax deductions are reduced thus making the employee to earn money with reduced costs of taxation. Both the employer and the employee are able to benefit from this plan since the costs of taxation are reduced hence making both of them to reduce the costs paying for the taxes (Burns, 2011).

The employment law dictates the hours that one is supposed to work in a day and it also stipulates the amount of money that one is supposed to earn after an hour. The 401(k) plan also stipulates the amount of money that an employer is supposed to pay (Lapin, 2010). Furthermore, it protects the deducted from the employee’s pay cheque thus allowing the employee to live at ease without the stress of losing his or her pension when he or she finally retires. The employees are therefore covered by the plan and this makes it easy for them since the employers cannot avoid sponsoring the employees (Burns, 2011). The plan also safeguards the employees’ pension since it makes sure that the employers sponsor the employees’ pension. The employees’ pension money is also protected against extra taxation (Smith, 2013). This therefore allows the employees to be able to receive their money after their retirement without any problems of embezzlement of funds by the company or otherwise through poor taxation. The employees are protected by both the employment law and the 401(k) simply because they cover each and everything that the employees are supposed to be provided with. This two plans are therefore significant and they also work together in making sure that the employees do not suffer from either being mishandled or otherwise being mistreat.

The employment law makes sure the employees are subjected to the right working conditions. This law therefore allows the employees to be able to work under very good working conditions. Furthermore, they are also able to work according to the stipulated time of work thus they are being overworked (Burns, 2011). The 401(k) plan therefore comes in to make sure that the employees’ pension is not at stake thus the employees can be at ease because they will be able to receive their pension soon after their retirement thanks to this plan (Lapin, 2010).

This plan is very essential in a person’s life since it can be able to cater for an employee’s needs soon after his or her retirement (Lapin, 2010). This is because, the plan is able to provide a person with 60% of his or her previous salaries thus being able to carry out different activities. If an employee saves money in the plan for more than thirty years, then the plan can be able to provide him or her with salaries for the next thirty years soon after the retirement. This is very essential since one can be able to cater for his or her needs which includes paying for the bills immediately after the retirement (Smith, 2013). This plan consequently reduces the dependency ratio thus making it easy for the retiree to be able to cater for his or her needs. This consequently increases the economic growth since most people are earning and they will still be paying the taxes when it comes to withdrawing the money. This will consequently allow the employees to be able to live peacefully without any problems which might involve money or otherwise lacing money (Burns, 2011).

The 401(k) plan and the legal implications are therefore responsible for protecting the employees against any forms of harassments. This therefore makes it easy for the employees to be able to carry on with their activities knowing that their future is guaranteed. This therefore means that the employees can be able to invest and pay for their bills peacefully knowing that they will not have to suffer in future (Burns, 2011). Protecting the future of an employee makes it easy for him or her to be able to deliver the best services to the company since they are sure that their future is guaranteed. Thus the services provided to the company are good because the employer is also sponsoring the employees’ future. The money in the retirement plan grows and this makes it for a person to be able to carry out different activities such as buying a car immediately after the retirement. As the money grows, it makes it easy for a person to be able to plan how he or she will be able to use the money thus safeguarding his or her future. The money can also be used to carry out different activities such as buying a house or a piece of land or otherwise starting a business that will see a person being able to live peacefully even after the retiring (Lapin, 2010).

When an employee retires, the plan provides advice to the retirees on how they will be able to use their money. This consequently allows one to be able to understand how he or she will be able to spend their money thus avoiding spending carelessly (Lapin, 2010). Furthermore, the retirees can also be able to get new ways of investing their pension money on other activities such as on real estate business thus making it easy for them to be able to get their value of their money (Smith, 2013). This plan is essential to many employees since they control the amount of money that is supposed to be deducted from their paycheck. This is good since the employees will be able to pay for the retirement plan since it is deducted from their salaries (Burns, 2011). This makes it easy for a person to be able to pay for the plan other than if a person was paying for the plan according to the way he or she wants. This could not have been possible since most people usually find themselves not able to pay for the plan because they might use the money on other activities.

             On the other hand, since the employees’ money is deducted before the taxation this allows the employee to be able to save the costs of taxation (Burns, 2011). This makes it easy for the employees to be able to save the costs of paying the taxes and hence they will be able to use that money in future after getting their pension. Furthermore, the since the employee is sponsored by the employer, it makes it easy for the employee to save and use most of his salary on other activities. The life of the employee therefore runs smoothly since he or she can be able to use his or her money knowing that the future is catered for and there is nothing to worry about (Lapin, 2010).

The retirement plan acts as a security for your income since a person can be able to receive the money of any problem that may come his or her way (Burns, 2011). There are very many problems that an employee is likely to face and this may include getting an accident. If an employee gets an accident and he or she is incapacitated, it therefore means that he or she will have to retire because of not being able to work. The savings that he had earlier on spent on will be able to cater for his or her needs. This will it easy for such a person to be able to cater for his or her family even without the job simply  because he had earlier on saved his money and he will therefore be getting his or dues (Smith, 2013). This retirement is therefore important since a person can be able to live peacefully and in case of an accident then his or her future can be catered for. Most people particularly those who either lost their jobs due to accidents but did not have a saving plan may not be able to live peacefully since after their retirement they will not be able to pay the taxes (Lapin, 2010). This will only act as a disadvantage such a person will not be able to conduct different activities because of the lack of money since they might have not saved for the future. Since a person can be able to get the retirement benefits for more than 30 years, then it might act as a good investment because this will allow the person to be able to carry out different activities even after the retirement.  If a person retires at the age of 60 years, then he or she can be able to earn the pension money until he or she becomes 90 years old.

The 401(k) plan offers an income calculator which will be able to show a person how he or she can be able to conduct different activities (Lapin, 2010). This makes it easy for a person to be able to know the amount of money that he or she will be able to get when he saves a specific amount of money. This consequently motivates people into saving money since they can be able to receive the money immediately after their retirement. The more a person saves using the 401(k) plan, the more he or she is able to receive the pension. This therefore means that the employees who saved for many years his or her pension will be directly proportional to the number of years that he or she has also saved. This therefore means that the person will also be able to invest according to the way that he or she had earlier on invested on the pension plan. Therefore, in real life situation, the pension plan and the employment laws are very important since they are able to safeguard the future of a person. Therefore a person can be able to live peacefully without any problems hence his or her future will be bright (Burns, 2011).

Reference

Lapin, D. (2010). Thou shall prosper: Ten commandments for making money. Hoboken, N.J: John Wiley & Sons.

Burns, R. (2011). The naked trader: How anyone can make money trading shares. Petersfield, Hampshire: Harriman House Ltd.

Smith, M. X. (2013). Managing your firm's 401(k) plan: A complete roadmap to managing today's retirement plans. Hoboken, N.J: Wiley.