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             BUSINESS LAW

Case number: 2001-A-0078

    Date: November 22, 2002

            In this case, the appellant, Paine Funeral Home ended up appealing from the final judgment concerning the affirming of the decision that was made by the appellee. According to the court reasoning, the appellee was the board of embalmers as well as the Ohio funeral directors that had initially suspended the provision of the burial permit for a period of six months. It should be realized that this are some of the accelerated schedule appeals that are believed to be submitted to the judicial court just because of convictions of their parties (Crawford, 2011).

            As a result of that, it evident that management authority of the organization, especially, Vaughn Paine ended up being changed with the offense of participating in funeral businesses. The reason for that is because he had not initially acquired a credited license. According to the information that was provided, the director had ordered someone to falsify signatures of the deceased ones (Goldberg et al., 2016). As a result of that the court was later ordered or forced to suspend the provision of such documents. This is because such an organization was perceived to have the ability of committing immoral or engaging in unprofessional hospital behaviors. Ideally, understanding the working permit of a person is the one that has the ability of enabling such individuals to work ethically (Crawford, 2011).

            On the other hand, although the court could have managed to have the ability of modifying the general hearing, it was important for them to take into account the recommendations that were provided by the funeral organization. It is, therefore, evident that the ongoing analysis of the appellant’s information was the one to give the clear rationale of the prevailing case (Goldberg et al., 2016).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Crawford, R. N.-C. W. H. N. P. (2011). Legal Deception: The story of the grisly discovery of mosre than 300 desecrated bodies and that lies that followed. Cork: BookBaby

Goldberg, J. C. P., Sebok, A. J., & Zipursky, B. C. (2016). Tort law: Responsibilities and redress.  New York : Wolters Kluwer

 

 

 

 

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Courtroom Standards Analysis

Judges, prosecutors, defense counsel, and other courtroom personnel work together in the courtroom workshop to ensure effective court processes (Spohn & Hemmens, 2009). The personnel play a significant role in making decisions and creating law and rules regarding civil and criminal cases. They build a working relationship, cooperate and share values during typical trials (Spohn & Hemmens, 2009). The following are the diverse roles of the courtroom workgroup:

 Judge- the role of the judges is to maintain court order, they also determine if the prosecutor has used relevant facts and credible evidence against the defendant, and finally determines the sentence (Spohn & Hemmens, 2009).  Judges play other significant roles such as participate in the court proceedings,  interprets the law and ensures that justice is met,  prevent bias and prejudice on both parties, ensures enough evidence, they set the bail,  they sign warrants, and they also have the authority to pronounce a law as unconstitutional (Spohn & Hemmens, 2009).

Prosecutors- these are the representatives in the federal government and they play a significant role in presenting the cases of the accused party, participate in plea bargaining and make charges by presenting charging documents (Spohn & Hemmens, 2009). Prosecutors are under the U.S Attorney General and three prosecutors are found in the hierarchy. They include; the State attorney General-the State attorney General has discretionary power and plays a significant role in providing security to people, situations, and resources, he is also involved in criminal court cases (Spohn & Hemmens, 2009). Second is the local attorney and his role is charges all criminal cases and gives legal advice to officials. The third is city attorneys and he participates in the prosecutorial functions, presents city interest, and prosecutes misdemeanor and felony cases.

Defense counsel- the role of a defense attorney is to defend the defendants, ensure that the rights are met, evaluates research evidence, and engages in plea negations (Spohn & Hemmens, 2009). In other words, he acts as an advocate and protects the defendants' interest.

Jurors- jurors are involved in the criminal process to evaluate whether the charges against crime are guilty, and the kind of a sentence to the defendant (Spohn & Hemmens, 2009).  They also listen to the facts and evidence and makes the decision with respect to the presented facts.

 Clerk- the role of court clerks is to maintain court order, issuing processes, collecting fees and fines (Spohn & Hemmens, 2009).  They also maintain court records and handling inquiries.

 Court reporter- their role is to record judicial processing's, they review the transcripts and provides the official records. They may also inform the lawyers about legal procedures.

 

 

 

 

References

Spohn, C., & Hemmens, C. (2009). Courts: A text reader. Los Angeles: SAGE.

 

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Myths about the criminal justice system

Introduction

The criminal justice system is a group of agencies that are initiated by the government to control crime and place sentences or penalties on those violating the law. Many citizens in a country place their trust and argue that the criminal justice system is fair, but this is just a myth since much of what is done in the criminal courts can be termed as legal guess work. This myth that the criminal justice system is fair is proven wrong by how the system decides if one is guilty. These decisions are based on; eye witnesses are valuable in deciding a case, fingerprint and forensic results cannot be wrong, the fact that human memories are reliable, the criminal justice system still believe that innocent people confess to crimes they have not committed, they trust the findings of the police on an investigation, when a criminal pleas’ guilty they take it as proof of guilt, they have continuously believed that prosecutors are fair in their decision making and lastly they believe that sentencing a criminal for a long time will prevent crime. Peoples’ belief that the system is fair is just a myth since it bases its decisions on such matters to convict individuals.

It is not right to base a person’s conviction on the mere testimony of a person who saw what was taking place. Eyewitness testimony is very unreliable in many cases, especially where the perpetrator of a crime and the eyewitness come from different races. This information of the eyewitness can be compromised especially in the crime was violent and so many things happened within a short period of time. The capability of the human memory to recall the events that took place on the day or at the time of the crime can be questioned (Petro, & Nancy 16). Basing one’s conviction on an eyewitness is not right. Many times the criminal justice system has sentenced criminals on the basis of a testimony of an eye witness. This is proof that it is not a fair system as the people suggest.

Another proof that to disclaim this belief is shown by the fact that they continue to base their conviction on DNA testing done on finger prints despite the fact that it has been proved that the latent prints left on the field by the perpetrator of a crime mostly are smudged and incomplete, therefore the work of identifying these prints becomes more of art than science and sometimes forensic results are not foolproof in determining if someone is the perpetrator of a crime (Petro, & Nancy 16). This continues to prove the belief that the criminal justice system is fair is just a myth and a belief that people are clinging to.

The fact that the system believes that a person pleading not guilty confess that they did commit the crime when tactics such as interrogations are used to interrogate criminals. An innocent person will confess to a crime he/she has not committed just to get away from this ordeal. Later in the investigation the police will find out the innocent party had just given a false testimony. It is so absurd the criminal justice system can say that a person who confesses to a crime is innocent and that person who does not confess is guilty and should be convicted for the crime. Even an innocent person can refuse to testify as much as a guilty person can (Petro, & Nancy 15). The criminal justice sentencing someone on the basis that they have failed to testify is unfair and against the believe that it is a fair system.

The criminal justice system has always said that the role of the prosecutor is do justice, but not to obtain a conviction for the perpetrator of a crime. The system has laid down rules guiding the prosecutors and the people that work for them on how to behave. It is true many prosecutors are fair and they want justice done, but not all of them tend to be true to their duty. Prosecutors are well known to intimidate the defendants by bring up multiple counts of the crimes they have committed, this in return make defendants plead guilty (Rosenbaum np). The fact that one has pleaded guilty does not make them the perpetrator of a crime, when the prosecutor fails at his duty which is to seek justice for both parties involved, grave consequences can occur such as the conviction of an innocent party. This is another piece of proof showing that the criminal justice system is not fair.

The criminal justice system believe that the police are very objective in their investigation. The police are very secretive on the leads they pursue. The police are the only people with an opportunity to tamper with or destroy evidence, an opportunity to influence the witnesses at the scene of a crime and also they have an opportunity to direct a criminal investigation towards people whom they believe are responsible for the crime. History serves us with countless cases where police have led to conviction of innocent people as evidence that the police should not be a very reliable source in determining the sentence of a case (Petro, &Nancy 13). The fact that the criminal justice system uses information from the police without evaluating whether the information is false or true is full proof that the criminal justice system is not even close to being fair in the decisions they make, therefore saying that the system is fair is just a myth.

The criminal justice system believes that they never wrongfully convict anyone. Prisons are filed with a large number of innocent people. Only a few have been able to be exonerated from these felonies. Also another reason why prisons are full with innocent people is because the system believes that wrongful convictions are corrected on appeal and if there is nothing to be corrected them the convict is guilty of the crime and since, the process of reversing a conviction is expensive, innocent convicted people end up serving jail terms that they did not deserve (Petro, & Nancy 14). This stand as proof that the criminal justice system is not fair as most people see it. It also serves as evidence that the belief that the system is not fair.

The last idea people use to come to the conclusion that the justice system is fair is that long sentences are good for convicts. A study conducted in the USA shows that the country has over 2.2 million in prison. This number is very high compared to other nations such as England and Canada. A comparison survey between USA and Canada shows that in the USA a person who has committed burglary serves 16 months in prison while in Canada an individual who has committed the same crime serves 6-7 months in prison. The United State firmly believe that harshly sentencing offenders incapacitates them and they cannot commit those crimes again since, they will be in prison for a long time. Supporting these people in prison is a huge burden to taxpayers since their money has to be deducted to support those in prison (Natapoff, np). This is concrete proof that the assumption the system is not as fair as people view it

Conclusion

A very large majority of people tend to believe that the system is a fair one but that’s not the case. Looking at the factors they consider when making decisions on cases is evidence that the system is not at all fair. The system has been convicting people for long on the basis of testimonies from eye witnesses without evaluating all the loop holes that can be in that testimony. The system is convicting criminals on the basis of findings from police investigation without considering that the police could have tampered with the evidence. The system has continuously sentenced innocent people who have pleaded guilty due to prosecutors who put pressure on them to plead guilty to crimes they have not committed. The system is proud and believes that they do not wrongfully convict people, this has left so many innocent people in jail. The burden of supporting those in prison has been placed on taxpayers’ since they cannot support themselves. All these serve as concrete proof that peoples’ assumption on the fairness of the criminal justice system is just but a myth.

 

 

 

 

 

 

 

 

 

 

 

 

 

Work cited

Natapoff, Alexandra. Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal. New York: Basic Books, 2018. Internet resource.

Petro, Jim, and Nancy Petro. False Justice: Eight Myths That Convict the Innocent. , 2015. Print.

Rosenbaum, Thane. The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right. New York: Perennial, 2011. Internet resource.

 

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 My desire to Pursue Law

I was born and raised in a small village called Eraclea Sicily in Italy, where I together with younger sister raised by our maternal grandparents up until the age of eight when we later joined our parents in Montreal Canada to begin my education. My grandparents were agrarian landowners and so they instilled in me the value of land, family, community and how all these things help make a better individual in the society. Life at this age was filled with love and a feeling of belonging which is unlike the experience at Canada which I would say was the most challenging and transformative time of my life. I had to learn English and French, I had to get used to a new culture and this included harsh winters and trying to connect with parents and two older siblings.

I had to be strong though most especially for my younger sister and this is where I developed the urge to help the marginalized especially when I joined high school. My main mission then was to stand up for younger sister and the other students that were always discriminated because they were viewed to weird and unpopular. I believe that every individual should be given a chance to be who they want to be and not be judged because of their character, I believe that policies need to be amended to ensure that everyone is treated equally.

My decision to apply to the university was inspired by the policy making process and the manner in which substantial change normally occur through this medium. I worked hard in my undergraduate course and after successfully completing it, I realised that I needed to focus on my own economic independence which led me to join the banking industry where I worked for twenty years. I have so far achieved all the goals that I wanted to achieve at the time which included increasing the profitability and profile of my department and also increasing my knowledge base in this area.

When it comes to the issue of maximizing my time with purpose, the past few years have been very successful. I have had the opportunity to reflect on the trajectory and meaning of my life. I have been fortunate enough to get exposed to and also influence international community. Both my education and career life have given me an opportunity for rich global experience. The many years in working and learning the financial industry in capital markets has exposed me to the world of financial products and its direct correlation to the social construct. This industry taught me the importance of thinking quickly and rationally when looking at all facets of a situation in the financial structure.

I have been instrumental in acting as the conduit in my roles both within the internal structures of finance, bridging various groups together. This has allowed me to custom curate my approach in acquiring of results for everyone including the stakeholders. This ability to act as a conduit has helped in enhancing my fluency in communicating three different languages which has made it very easy to connect with people from various ethnic backgrounds.

There is artistry to everything that people do and create. Since leaving my finance career, I have embarked on a journey of taking on various roles which includes co-owning a wellness clinic, working with landscape artist, teaching and exploring Japan, living in Paris and also settling in New York City for three years where I pursued a certificate in Brand Management and also worked two jobs. I would say this was the most adventurous time of my life, because it helped me learn so much about the global society.

My desire to understand how I can add value in reference to my accumulation of both professional and life experience is what roots my curiosity. One of the goals that I hope to achieve is to get enrolled for a BA in European law after which I will then progress on and enrol in masters level where I will apply my skills to further develop and advance the rights of the displaced, the marginalized in relation to the constitutional laws. The reason I am interested in law school at this time in my life is because I want to make a difference. I want a better understanding of how the world works and the manner in which policies are made at various levels of the system. I believe that no matter where is born or grows up, they should get equal access to healthcare, housing, belonging and social voice.

My motivation and passion lie in working for a greater good in order to add significant value to our social construct. It’s this desire to good that has motivated me to apply to Maastricht University school of Law that is unique known for its Problem-based Learning. What appeals to my interest are the European Law and Comparative law and methodology of the program.  What attract me most to Maastricht European Law Program are the techniques that are taught in small groups using the Problem-Based Learning. This methodology has worked all through my professional life and I am a firm believer that this is the most optimal way of learning is applying the information that is taught.

I will be humbled and thrilled to get the opportunity to work and learn with not only the school’s international faculty but also with its diverse student body. I believe that the opportunity of attending law school and pursuing a legal vocation will best allow me to share my enthusiasm to be the advocate for the societies whose voices are never heard.

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Pros of Death Penalty

Introduction

Approximately 150 people die each year due to murderous serial killers, serial killers who feel absolutely zero remorse for the sick actions they have performed on their innocent victims. Each Murderer was more sadistic than the next. Their methods include, but are not limited to an individual being sexually assaulted and then stabbed to death brutally, or cut up into different pieces and then thrown into a bag with bricks down to the bottom of a body of water, or better yet tortured to death with tools while you feel every ounce of pain. This is what the world we live in has come to, deranged human beings walking the face of the earth beside us, as if, they haven't wronged the society we live in. These individuals need true punishment. There must be retribution and justice. An eye for an eye, a tooth for a tooth. These killers can only see one punishment, one that will still not equate but can suffice to the pain they have inflicted onto their victims. This is the death penalty. So it is safe to say the death penalty is the most logical form of punishment for those who have wronged society in a deviant and horrible way because it serves justice, is cost friendly and quick. This is most certainly more than a fair sentence for these criminals. The more the death penalty is enacted the more we can ensure civilians that individuals who threaten the safety of the general good are off the streets once and for all.

Muhlhausen (1) says that the death penalty is effective and moral because it reduces criminal behaviors and promotes public safety.  Murder crimes are heinous and require strict penalties in order to promote marginal deterrence. Recent research and studies have confirmed that execution deters crime and as a result, saves lives (Muhlhausen, 1).  Note that if murders face death penalties, other potential murders will learn a lesson, develop fear and refrain from engaging in murder crimes.  Also, the already imprisoned murderers who had the intention to kill will change their mind as well as their behaviors.  As a result, the murder crimes will reduce, the general population will stay safe, there will be a reduction of violent behaviors in the society, and the prison population will reduce.

            Lambrix (1) raises arguments that there is an abuse of power and violation of human rights in Florida's State Prison.  Prisoners are abused and tortured by morally corrupt guards.  They are aggressive and violent against prisoners and innocent people and the prisoners' voice is not heard despite their complaints to the Department of Correction.  The Guards are not held personally accountable and the supervisors overlook the violence and the cycle continues.  Lambrix (1) argues that prisoners do not deserve brutal beatings but they deserve respect and rights.  The Federal and the State government should re-state the eight amendments' legal rights regarding unusual punishments, discrimination, harassment, right to campaign and more.  Fieser (2017) also adds that killings someone is against the fundamental obligations.  Prison warden and guards should understand the life of prisoners belongs to God and they do not have the authority to end life.  They should adhere to the rule of nature and moral obligations.  Prisoners have liberty and the right to live. The act of killing is not humane and prisoners should not face disparate treatment.

 

 

 

 Fleming (717) offers a counterclaim for the death penalty and argues that the law is unconstitutional.  According to the eight amendments, there should be no excessive punishment to the crime. The issue is debatable as the Louisiana court argue that rape crime deserves serious punishment but because it is not a crime as murder, the rapist should not receive an excessive penalty (Fliming, 720).  However, the Louisiana Supreme Court rejected these arguments crime rape is detestable and children need special protection. Child rape affects the emotional and physical well-being of the victim. Thus, child rape is a heinous crime which deserves severe punishment.  The article argues that the death penalty for the crime rape deserves excessive punishment (Fleming, 727). In the case of rape cases, the rapist should participate in the sentencing hearing and provide the evidence. There is no need to impose pain and suffering but rather, the court should focus on retribution and deterrence to prevent future crimes.  These type of punishment will promote justice and stability in the society, and discourage people from re-offending.   

 

 

 Conclusion

The death penalty is a debatable issue as some States argue that felony criminals should receive harsh punishment to prevent future crimes whereas opponents argue that the death penalty is unconstitutional and it is moral and ethical.  However, murder conviction should be charged with death to discourage potential criminals from committing a crime and maximize public safety.  The death penalty is justifiable, fair and cheaper, and it deters crime and reduces the prison population and government spending.

 

 

 

Work cited

 

Fieser, James. “From Moral Issues That Divide Us.” The University of Tennessee at Martin, 1 Sept. 2017, www.utm.edu/staff/jfieser/class/160/7-cap-pun.htm. Accessed 25 Feb. 2019. 

Fleming, Annaliese Flynn. "Louisiana's newest capital crime: the death penalty for child rape." Journal of Criminal Law and Criminology, Winter 1999, p. 717. Academic OneFile, http://link.galegroup.com/apps/doc/A55610992/AONE?u=nysl_me_nycitysl&sid=AONE&xid=8589e547. Accessed 25 Feb. 2019.        

Lambrix, Michael. “Death Row Journals.” Welcome in the Jungle, 1 Jan 1970,         

 Retrieved from:  deathrowjournals.blogspot.com/2018/06/to-live-die-on-death-row.html?m=1.


Muhlhausen, David B. “How the Death Penalty Saves Lives.” U.S. News & World Report, 27 June 2007, www.usnews.com/opinion/articles/2014/09/29/the-death-penalty-saves-lives-by-deterring-crime. Accessed 25 Feb. 2019. 

 

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                                                             Introduction

            Historically, the Australian legal system is ultimately based on the common law that was acquired from England during the European settlement. It should be noted that the aspects of such an inheritance ultimately incorporates the judicial dependence, rule of law, and the culture of legalism, that is attaching significance to obligations and legal rights (Kennedy 9). On the other hand, it is obvious that the entire manifestation of legalism cannot be fully acknowledged by the citizens of other countries, or by the Australians themselves.

            This implies that for it to be beneficial, should incorporate positive features, including general societal acceptance of the importance of obeying the law, whether customary or modern, by both the government and citizens. The enforceability of the Australian judicial decisions is not perceived to be a bigger issue (Martin et al 129). The reason for that is because it has been realized Australians sometimes do not understand the seriousness of the court orders that are formulated in the process of administering civil or criminal justice. 

Analyze the components of the Australian legal systems, and elaborate on how these components intersect and interact and how lawyers use these systems (LO1)

            Using the Australian legal system, it becomes possible to treat everybody equally, whether domestic or international before the law as well as ensuring that there is no unfair judgment to the citizens by governmental officials. Furthermore, the Australian courts mainly used the adversarial system that originated from the English legal system. Such a system consists of two parties that represent their cases against each other, in which the third party known as the magistrate or judge who preside the case directly (Lee & Enid 20). In the adversarial system, the judge, or the magistrate is not required to directly handle the witnesses in any situation. The only thing that happens is that he or she only listens to the discussions of each side, make a cross-examination of the witnesses, and then comes with a logical decision of handling the case.

            Nonetheless, the foundation of the Australian legal system is its constitution. The reason for that is because such a constitution was mainly established the Australians who voted for its adoption. Although this legal system is aimed at setting out the initial laws of Australia, they can only be changed by referendum. Below are the main components of the Australian legal system with its branches.

                                                Federal courts

  1. a) High court – being the highest court, its main responsibility entails dealing with issues related to the Australian constitution and appeals advanced from lower State or Federal courts.
  2. b) Federal court – this two has an appellate division as well as other two divisions whose role entail listening to cases in the first instance. Usually, the appellate division takes the responsibility of hearing appeals from the lower division with initial jurisdiction. It also hears appeals from other State and Territorial courts in which Federal jurisdictions had originally been exercised by judges. The two sub-divisions are the Industrial Division and the General Division. The role played by the Industrial Division entail handling cases concerning federal industrial relations while the General Division handles cases dealing with taxation and bankruptcy.
  3. c) Family court – this court mainly handles matters dealing with marriage, divorce, spouse, and child maintenance as well as child custody issues. A large percentage of the family court issues are solved through mediation and counseling services that are provided by the court (James 75).

                                                State and Territory courts

  1. a) Inferior or lower courts – these courts mainly handles criminal and civil cases. In some states and territories, there exist two smaller courts in this category that purely deals with civil and criminal cases. To solve these issues, a magistrate is assisted by the jury.
  2. b) Intermediate courts- presided over by judges, these courts have initial jurisdiction over criminal and civil matters. Juries sit on most of the criminal case until the defendant pleads guilty at the committal hearing. After this, he or she will show up at the intermediate court for sentencing (Grubbs 35).
  3. c) Superior courts – these courts are always presided over by a judge by a jury who assists him or her to solve all criminal matters apart from the ones that requires the defendant to appear before the court for sentencing. On the other hand, the judge and jury or the judge alone takes the responsibility of handling civil cases (Heilbronn 351).

High court

 

            Table 1: The hierarchical arrangement of the Australian court system

Federal courts

Federal court

 

Family court

 

 

Superior courts

 

            (James 74)

State and Territory courts

 
   

 

 

 

 

(James 76)      

            From the perspectives of the above components, it implies that they all rely on statutory and common law. The reason for that is because these laws are formulated and implemented by parliament. In Australia, this law is perceived to be the parliament of a territory or States or Federal parliament. All statutory laws originate as bills before being passed houses of Australian parliament (Brassil 24). For instance, in case the two houses end up approving those bills, the in return becomes Acts. The State Governor for these Acts also has the responsibility of signing them become being considered legislation.

            Equally, with the Australian common legal system, legal actions do not only take into account dispute solving. The reason for that is because it also plays a role in fulfilling the important function of preventing disputes. The decisions that are made by its courts, particularly the appellate courts, entail creating binding precedents. Any party that can find themselves in legal actions knows the outcomes of any case in case they attend court proceedings as well as adjusting their differences (Grubbs 36).  This implies that Australian judicial decision is ultimately relied on the means of exercising the governmental power.

 

                                                           

 

 

 

                                                           

                                                           

                                                    Work cited

Brassil, Belinda. Excel Hsc Legal Studies: Your Step by Stp Guide to Hsc Success. Sydney, NSW: Pascal Press, 2000. Print.

Grubbs, Shelby R. International Civil Procedure. The Hague: Kluwer Law Internat, 2003. Print.

Heilbronn, Gary N. Introducing the Law. Sydney: CCH Australia, 2008. Print.

James, J. Business Law, Google eBook. John Wiley & Sons Press, 2012. Print

Kennedy, Rosemary. Allied Health Professionals and the Law. Annandale, NSW: Federation Press, 2008. Print.

Lee, H P, and Enid M. Campbell. The Australian Judiciary. Cambridge [U.K.: Cambridge University Press, 2013. Print.

Martin H, Daryle, R & Elliott J. Indigenous Australians and the Law.         Routledge Press, 2008. Print.

 

 

 

 

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  1. Alice, Brian and Charlotte wish to set up a business enterprise together, hand-making violins, violas and cellos for discerning customers. Each can bring £200,000 to the enterprise. They have big visions for the future, and would like to see their business become to the orchestral string section what Steinway is to the piano – the #1 name. Advise them as to the form of business organization – legal vehicle for business Endeavour – they might adopt?

                                                                        Introduction

            Taking into account the Patent Statue of the United States, the truth is that it has the ability of defining some of the patentable subject matter regarding how the modern technology has the potential of improving the manner in which the modern society works. Regardless of that, the truth is that some of the patent issues cannot be perceived as being granted the capacity of enhancing the law of nature, abstract inspiration, and other associated natural phenomenon. According to law, the modern technological advancement has been perceived to lack the potential of enhancing crime prevention. The reason for that is because some of the elements that are used for fostering this platform do not take into account the existing hardware and software systems (Crowell, 2007 p. 28).

            Regardless of that, the information that was displayed by the United States Supreme Court indicates that partnership should ultimately had the potential of setting some of the rules that had the ability of abstracting common ideas (Lisa, 2014 p. 67).

                                                             Partnership background

            According to research, it implies that some of the patent issues that are concerned in this partnership scenario will mainly have to take to account some of the instant cases that could have been disclosed using some uninformed ways.  The reason for that is because some of the risks that have been experienced in such partnerships mainly take into account some of the services the organization provides (Clarkson et al., 2012 p. 1219). 

            According to the partnering involved in this case, it means that the underlying reason is because the organization had already filled a case against her in 2007. The reason for that entailed seeking declaratory that was to validate that her criminal claims were invalid. This is what made the victim to counterclaim such an infringement. Regardless of that, this compelled the district court to understand that the claims that she had were not entitled to be patented. The reason for that is because some of those issues do not have the ability of recruiting neutral intermediary for the purpose of stimulating exchange of financial obligations (Cross et al., 2009 p. 414). 

            Ideally, the victims need to understand that such a scenario mainly deals with the means of minimizing some of the risks that currently exist. According to the United States Court of Appeal concerning that deals with the reversal of the Federal Circuit, it evident that such an issue cannot be distinctly associated to some of the existing abstract ideas. Although the members of the organization ended up vacating such a decision, there was the need of setting argumentative and associated claims that contradict the decisions the judges had to make. The reason for that is because the management cannot be in the position of complying with some of the available standards. Furthermore, another legal issue that can be arrived at is because they are the same standards that aid in determining whether some of the current legal implemented inventions are ultimately ineligible or eligible information (Lisa, 2014).

                                                            Analysis

            According to the decision the legal decisions that can be arrived at, the decision that Alice arrived at indicated that all the accusations that she can make in the future can be perceived to be patent eligible. In order to be in the position of understanding the main cause of all the transactions that could have happened, it is important to take into account the hedging account prices of the commodities that were eligible as per that time. According to the partnership agreement that was made, the truth is that it was important to ensure that some of the majority leaders have had the ability of claiming some of the methods that were not initially eligible in the legal presentation (Lisa, 2014). The reason for that is because it was one of the abstract ideas that were used to decline the main idea that some of the existing methods used by enterprise organization were ineligible.

            Regardless of that, it is should be understood that some of the information that was provided was mainly aimed at determining some of the patent claims that were initially covered. Conversely, although there was a consistent disagreement on the basis of analyzing the case, any narrow judgment had to be made in order to sort out some of the pertinent issues. The reason for that is because there had to be an underlying natural principal that was to validate the basis of the case.

            Taking into account the ruling of this partnership, it is evident their main focus was mainly was to respect the principles of the natural law. The idea behind that is because it is the one that has the ability of combining various inventive concepts. As a result of that, the unique and central feature regarding the legal analysis of this partnership was ultimately perceived to be trivial or conventional expedients. The reason for that is because it does not have the potential of holding weight in the patent-eligibility assessment (Cross et al., 2009 p. 414). 

            From the same understanding, it implies that it normal to lack the potential of abstracting some of the ideas that could have not been patented. The reason for that is because a large parentage of that information had to be implemented legally. Regardless the fact it was important for the parties involved to ensure that such a claim could have been patent eligible or not, it implies that the evidence that was to be provided was to be relied upon it (Miller, 2009 p. 536).  The reason for that is because it is the same evidence could have had the ability of supporting it. Regardless of that, the truth is that some of the patent issues cannot be perceived as having the ability of enhancing the law of nature, abstract inspiration, and other associated natural phenomenon (Cross et al., 2009 p. 414). 

                                                            Conclusion

                        Taking into account this analysis, it implies that the parties to be involved ought to have the ability of offering the clearest direction that could have the capability of invalidating some of the existing partnering agreements. As a result of that, it has been realized that this case could have ended up reviving several some of the unexpired copyrights that were initially granted to her by the Supreme Court. This means that before embarking on filling any partnership lawsuit, it is important to scrutinize the claims advanced.

 

 

 

                                                           

 

                                                            References

CLARKSON, K. W., MILLER, R. L., CROSS, F. B., & CLARKSON, K. W. (2012). Business law: text and cases : legal, ethical, global, and corporate environment. Mason, OH, South-Western Cengage Learning.

CROWELL, T.A. (2007). The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producer. Taylor & Francis Print

Lisa, C. (2014). Public-Private Partnerships and Responsibility under International Law: A Global Health Perspective. Routledge Press

MILLER, R. L. (2009). Fundamentals of business law expert cases (978324595727). South-Western Pub.
CROSS, F. B., MILLER, R. L., & CROSS, F. B. (2009). The legal environment of business: text and cases : ethical, regulatory, global, and e-commerce issues. Mason, OH, South-Western Cengage Learning.

 

                                                           

 

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 Courts Role in Public Policy Making

Policy making is a process that involves the three branches of government and this includes the judiciary. There is no agreement as to the amount of power that the judicial branch should have and this is basically because the federal justices and judges are normally appointed and not elected (Tarr, 2009). This means that they are always relieved of the pressure outside the public opinion. All the same, the court is very important when it comes to public policy making.  In the United States, the Supreme Court has an extremely important policy making role which has an enormous impact on the criminal justice system (Tarr, 2009). This court has the authority of the judicial review which permits it to assess the acts of the Congress and define if these doings meet the standards that are established by the constitution.

The court of law has the jurisdictional authority to interpret the rule which gives the courts the power to make criminal justice policies and also shape other important public policies that help shape the society (Tarr, 2009). The judges have the power to evaluate the policies to understand the effect that they have on the society and by ruling that the laws that are implemented violate the spirit of the constitution, they profoundly shape the constitution. The Supreme Court has the power to overrule itself which means that policies can be changed at any time even after implementation. However, courts have great respects for previous rulings and stare decisis always direct judges to be cautious about overturning the decisions that are by past courts (Tarr, 2009).

 

 

 

References

Tarr, G. A. (2009). Judicial process and judicial policymaking. Belmont, Calif: Wadsworth

            Pub. Co.

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The relevance of Constitutional Principles to the British Constitution

A constitution refers to a set of law that governs a country. Unlike in the United States where they use written constitution, the British constitution is unwritten. This constitution is known as an uncodified constitution. The British constitution is found in various documents, which makes it easier for changes to occur flexibly. Due to the lack of constitutional text for reference, the British constitution follows various principles and laws that guides the government’s operations. Parliamentary sovereignty is the most supreme principle of the U.K law. Therefore, the decision of the Queen in parliament becomes the final law, which is undisputable. This paper will analyze the relevance of the various constitutional principles to the British constitution.

Parliamentary Supremacy

The concept of Parliamentary supremacy was introduced by AV Dicey in 1885. This principle states that a peace of statutes made and passed by the parliament are the most supreme laws within the constitution. The court holds the authority to make and end any law. The judiciary cannot change the parliament's legislation. The British government believes that every Act of parliament is constitutional (King 7). The parliament has constitutional significance in that it can determine the length of the term. Normally, a term goes for five years but the parliament can decide either to increase or decrease with the consent of both Houses of the Lords and House of commons.  For example, the British parliament passed the Nigeria Independence Act of 1960 which declared Nigeria an independent nation within the Common Wealth.

Sources of Constitution

The British constitution is derived from different sources. These sources include common law, conventions, statutes law, the legislation and European Union, and the Work of Authority. Statutes are the most powerful laws which are made by the parliament. The statues cannot be changed by other bodies in the government. Common law is passed by the judiciary's decision in England, Wales and Northern Ireland, but not in Scotland because of its hybrid system (Foley 17). The most historical court's judgment is one passed in Hall vs. Campbell which ruled the constitutional limitations to all states with representatives in parliament. Conventions are unwritten practices that have developed over a period of time and are important n governing a nation. Conventions play a vital role in the making of the constitution. An example of an important convention is the Salisbury convention. This convention states that the National Assembly cannot oppose the second or third readings passed by the governments, with the aim of achieving their manifesto. The fourth source of the British Constitution is legislation and international treaties. European Union treaties greatly impacted the British Constitution. For instance, British law incorporated the European conventions of human rights through the 1988 Human Rights (King 12). Lastly, Works of Authorities are a common source of the British law which emerged as a result of lack a documented constitution. Hence, the British government depends on the interpretations of the constitution to know the elements of the constitution.

 

 

Rule of Law

There are many interpretations of rule of law. However, the UK recognizes and applies Dicey's version, which Dicey derived from Edward Coke's concept. Dicey supports the British unwritten constitution and claims it is beneficial to society. Dicey understand the rule of law in three principles. First, an individual should not be punished by the government, if he or she has not violated the British law. The authorities can only punish a person following the requirements of the law. Second, no individual is above the law in the society regardless of their gender, and social status. Finally, the bill of rights is no longer relevant as the principle of the constitution is made from the court's decisions, which are determined from the rights of a single individual. Dicey argues that the government should restraint the people because it does not hold extreme power over the citizens. Therefore, there should be boundaries on the government's operations, and none of the government's officials should be above the law (Goldsworthy 22). Dicey's concept of the rule of law is evident in Entick v Carrington, where the court opposes the warrants of entry and search given by a home secretary.

Unity and Devolution

Britain is composed of four nations: England, Wales, Northern Ireland, and Scotland. Nevertheless, the UK is a unitary state, but its parliament does not hold an equal number of representatives from each state, thus making the state neither a federation nor a confederation. All British Nation have their own parliaments, except for England. Wales, Northern Ireland, and Scotland’s parliaments derives their laws from statutes. Statutes passed by the parliament cannot be disputed or ignored. In addition, there must be a referendum in the country if the British parliament has intentions of dissolving the Scottish government and parliament (Turpin et al 21). For example, the principle of unity and devolution enabled Scotland to hold a referendum which enabled the citizens to decide whether they wanted to be an independent state or be part of the U.K. Hence, the British Legislature cannot pass a bill to eliminate the Britain nation’s parliaments.

Constitutional Conventions

A Convention refers to an unofficial and unwritten constitution which governs a state. The British government follows various conventions. An example of convention is where a monarch, queen or king, shall approve all motions passed by the devolved legislature. A second example is where the king or queen has the power to appoint the leader of the majority in the House of Commons to run the government. Third, the requirements that the House of the Lords or House of Commons must produce minister is a convention (Prosser 18). However, it is not necessary to follow all the constitutional conventions. For example, Queen Anne's refusal to approve the Scottish Militia Bill of 1708 was influenced by ministers.

European Union

Although the U.K does not agree with European community Justice’s monist interpretation, U.K recognizes the sovereignty European Union law (Turpin et al 19). In U.K, international law is applied separately, and is applicable based on an act of legislature.  The British constitution borrowed some of its laws from the European Union laws through the treaties that were signed.

Parliamentary sovereignty is the most important principle of the British constitution as the court cannot reject or ignore its legislatures. The parliaments possess the power to make and end laws. The parliaments cannot make laws which may pose problems to the future parliaments. The parliaments also has the power to extend the terms without disputes from others bodies of the government.

Conclusion

The British constitution is unwritten and follows different principles. These principles include Parliamentary supremacy, important conventions, constitutional sources, unity and devolution, and finally, the rule of law. Parliamentary supremacy is the most important principle as it has the power to make or end laws, and its decisions cannot be disputed by the judiciary. These principles help in solving the problems that come with the unwritten constitution. The principles keep Britain in order as it is clearly known that no person, regardless of their social status is above the law. Also, constitutional conventions give guidelines t political leaders on how they should perform their political duties thus making the British government's work easier.

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Works Cited

Foley, Michael. The politics of the British constitution. Manchester University Press, 1999.

Goldsworthy, Jeffrey Denys, The Sovereignty of Parliament: History and Philosophy,

Oxford University Press, 1999

King, Anthony. The British Constitution. Oxford University Press, USA, 2007.

Prosser, Tony. "Understanding the British constitution." Political Studies 44.3 (1996): 473-487.

Turpin, Colin, Tomkins, Adam, British Government, and the Constitution: Text and Materials,

            Cambridge University Press, 2007

 

 

1277 Words  4 Pages

Anatomy of the Family Law Case

 

A family is a group of individuals related by blood, by marriage or even by law within two or three generations. It can also be a group of people sharing a common commitment to a domestic relationship or traditionally two individuals who are married together with their biological or legally adopted children (Eekelaar, 2017). It can also be defined as a collective body of individuals which include a child and a parent or legal custodian or an adult relative living together and given responsibility by law, marriage or blood. So, in marriage, there must be a legal qualification to get married, agreement from both parties and a marriage contract which is a requirement of the law.

Marriage as a contract to state

Marriages currently are regulated by states and involve the signing of a legal agreement between the parties. However, for an individual to enter into a contract, they must meet the statutory requirement of a contract such as; must be over the age of 18 years with the mental capacity to sign a contract (Petroni, Das & Sawyer, 2018). Additionally, a person cannot be married to two living individuals or any close relative. One can still marry at a younger age but only if, the court or the parents’ give consent. The state controls all of this.

Furthermore, a person can declare his/her marriage invalid through the court if in case you or your spouse were not in a good mental state when you got married, or if someone forced you into getting married, or if there is a physical disability that prevents you from having sex with your spouse.

For an individual to get married, there is a process involved such as obtaining a marriage license and having the marriage ceremony conducted by an individual permitted to do so (Bix, 2016). In New York, the license is obtained from the town clergy or city clergy which then must be delivered to the magistrate or clergy member who will perform the ceremony within two months. All of this is as required by the law. If in case the persons do not want to have a marriage ceremony, then they can get married through the signing of a marriage contract which is witnessed by at least two people. This kind of marriage contract must then be acknowledged by the individuals and the witnesses in front of a judge

Benefits conferred by marriage.

  1. Benefits from the government

The state, local governments’ and the federal make laws and regulation that govern the operation of the society. Married persons get benefits from the government such as the tax benefits which enables the couple to file joined tax returns and also eligibility to create a family partnership under the federal tax laws which can allow a person to divide income from family business among family members.

Besides, a couple gets estate planning benefits such as inheritance of shares of your spouse estate in case of death. There is also an exemption from estate taxes and gift taxes for the property you acquire or those your spouse leaves to you (Petroni, Das & Sawyer, 2018).  There is also that benefit of priority if your spouse needs help to make any financial or medical decisions on behalf of the person.

Furthermore, each spouse automatically becomes eligible to family-related benefits from the government such as medicare, veteran and military benefits for coupled for example those for education, medical care, and social security and public assistance benefits and even workers compensation death benefits.

  1. Benefits in the private sector

In addition to what the government can offer, married individuals can also enjoy other benefits from the private sector which are in different ways regulated by the state government. For example, employment benefit such as insurance obtained through spouse employer. The individual can be given leave such as family medical leave and right to employee retirement benefits.

There are also medical benefits, for example, a spouse cannot be restricted to visit one another and can even make medical decisions on behalf of the other if he/ she can’t, this is if there is no medical power of the attorney is present. However, in the case where the couple later agrees to divorce each of them has a right to ask for spousal support and even property rights including child support.

  1. Family status benefits

When a person marries, one automatically become one’s spouse’s immediate next of kin, which gives the ability to consent to any medical procedures in the cases of emergencies and also enjoying specials rights to visit your spouse (Hageanu, 2018). The spouse can also give direction on disposing remains of his/her deceased spouse in case of any disputes. A spouse also has legal rights to sue a third party person for example for interfering with their marriage success of even causing the death of their spouse. There are also rights to obtaining immigration and resident benefit for individuals who are not citizens of the state.

The process of ending spousal relationships and their challenges

There are many ways a marital relationship can end which include annulment, divorce and declaring that the relationship was null. In the case of annulment, the relationship is declared invalid even if it was valid when you got married. Some of the reasons are if the person was too young to consent the marriage or if the person had no mental capacity to allow the marriage, if consent was obtained by force or fraud and if the person lacks the physical capacity to consummate the marriage. an individual can also consider annulment if one of the spouses has an incurable mental illness for more than five years (Lowe & Douglas, 2015). After cancellation, the marriage is considered null; however, any children of the marriage are considered legitimate, and the court can order for custody, visitation, and financial support. The court can also order on the division of property.

The other form of ending a spousal relationship is through the filling of divorce action of which one needs to serve his/ her with a summons with a complaint for divorce and another with notice of the action. An uncontested divorce is easy since the other person is cooperating (Schadler, 2016). There are conditions to divorce for example in New York one must state the reason for divorce in the state and at least one spouse should have lived in New York for the last 12 months.

On the other way, spousal relationship can if declared null in the cases of incest, marriage when you had already married to another person legally or if the marriage ceremony was conducted by a person not legally permitted.

Unfortunately, ending a relationship comes with its challenges; for example, there will be intense guilt that may be experienced by the partner because of their lousy spouse behavior. Others result to anger and bitterness with emotional stress which might lead from the separation, this might look simple, but it is a big challenge to raise children and adjusting to life changes easily (Eekelaar, 2017). The issue of division of property might also become a challenge, and it doesn’t result in mutual agreements all the time and might sound unfair to the other.       

 

 

Reference

Bix, B. H. (2016). Marriage Agreements and Religion. U. Ill. L. Rev., 1665.

Eekelaar, J. (2017). Family law and personal life. Oxford University Press.

Hageanu, C. (2018). The Property Benefits of the Divorce Due to the Exclusive Fault of One of the Spouses. Romanian Rev. Priv. L., 155.

Lowe, N. V., & Douglas, G. (2015). Bromley's family law. Oxford University Press, USA.

Schadler, C. (2016). How to Define Situated and Ever‐Transforming Family Configurations? A New Materialist Approach. Journal of Family Theory & Review, 8(4), 503-514.

Petroni, S., Das, M., & Sawyer, S. M. (2018). Protection versus rights: age of marriage versus age of sexual consent. The Lancet Child & Adolescent Health.

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Law Enforcement and Mental Health Intervention

 Introduction

 For many years, there have been a disproportionate number of mentally ill individuals in the criminal justice system. This issue has raised the need for effective intervention and the best practice model that can enable the police officers to meet the needs of mentally ill people who are a threat to society. The police and the mental health providers should collaborate in helping the mentally ill individuals. The Memphis Tennessee police department developed a model known as the Crisis Intervention Team (CIT) in 1987 and it is considered as the best practice model that can be used to increase safety and help individuals with mental problems.

  Crisis Intervention Team (CIT)

  The purpose of this model is to provide police officers with advanced training so that they can differentiate offenders who are mentally ill from violent offenders. The mental health experts and family advocates play a significant role in offering 40 hours training about crisis intervention techniques, community-based resources, mental health treatment, co-occurring disorders, developmental disabilities, and empathy training (Walker et al, 2016).  In addition, to receive training, police officers should collaborate with mental health professionals, police psychologists, and other community stakeholders. In other words, CIT needs coalition efforts from various stakeholders such as the law enforcement agencies, the communities, the health professionals/ psychiatric services staff, and the family members (Walker et al, 2016). Family members are among the major tenants or in other words they supported the CIT so that their mentally ill children could get help. They should continue offering support and ongoing collaboration to maintain community safety (Vickers, 2000). The law enforcement agencies should be at the forefront to support the CIT officers with information concerning the CIT activities and upcoming in-service training. The Psychiatric service staff should support the CIT model by assessing the patients and offering treatment.  The community should also care for the mentally ill people by providing community resources, meeting their needs, visiting them in the ward, and interacting with them so that they can feel comfortable and develop a sense of belonging (Vickers, 2000).

  Basic components of crime prevention

  Call dispatchers (police officers whose role is to identify emergency scene or crisis situations) identify crisis situations and call CIT police officers and these officers immediately responds to "mental disturbances” scene (Watson & Fulambarker, 2012). CIT police officers receive the calls and on their arrival to the scene, they offer medical emergency. Since they are trained, they can differentiate chronically mentally ill people from lawbreakers and substance abusers. To address the crisis, they can provide a calming influence (ensure the mentally ill person remain calm) to avoid violence or they may take the mentally ill person to the psychiatric unit where they receive emergency medical care (Watson & Fulambarker, 2012). This model is effective in preventing crime in that the CIT officers provide an immediate response by arriving at where the mentally ill person is in a state of crisis.  The CIT officers not only prevents injury but they also provide the offender with the appropriate treatment and hospitalization if necessary. The model is also effective in saving the time that would be spent in mental health admissions and there is also a reduction of disproportionate incarceration of mentally ill people (Watson & Fulambarker, 2012).  In addition to preventing crime, CIT programs are cost-effective and there a reduction in psychiatric morbidity since serious mental cases receive emergency treatment.

  The Memphis model is the appropriate law enforcement response to mentally ill individuals. This is because, the law enforcement officers responding to calls are professionals or in other words, they have the knowledge concerning mental illness and their goal is to rescue these individuals and promote community safety. The effectiveness of this model is achieved through immediate response, physical presence, verbal warning, and hands-on control (Thompson & Borum, 2006). In addition, CIT officers are compassionate and rather than engaging in a wrongful conviction, the officers take the mentally ill person to the mental health facility to receive treatment.  This model is the best law enforcement response as it reduces the arrest rates and increases consumer satisfaction.  The model has brought a remarkable change in the criminal justice system in that prior to the establishment of this model, police officers used to take the offenders to the jail including the mentally ill, the drug abusers and the homeless (Thompson & Borum, 2006).  With this model, the officers are able to identify lawbreakers and mentally ill individuals. The CIT officers also reports that  the  Memphis model is the best law enforcement response  to mentally ill individuals in that  they are well prepared in case of  crisis, emergency care is helpful,  they  avoid wrongful conviction, they  minimize time that  could be spent in maintaining community safety, there is a reduction  of recidivism rate and arrest rate,  there an increase of treatment continuity,  they are able to identify   individuals who need  psychiatric treatment,  and CIT officers also reduce  stigma toward  mentally ill people (Thompson & Borum, 2006).

 

 Proposed changes for the Memphis Model

 Two changes for the Memphis model are; increase the number of patrol police officers and allow them to know the CIT officers who are on duty.  On the same note, Sergeants, Lieutenants, Deputy-chiefs, and Captains should also receive the training even if it is 8-16hours (Vickers, 2000). There should be effective methods of data collection in order to implement enough staffing needs and programs.  In addition to these changes, I would propose that  there should be  organizational intervention and political will  that would play the role of  providing  financial and manpower support, change the governmental mindset  and culture, change the  administrative culture, and build a specialized unit  in order to move from  generalist-specialist model and focus on  building a mechanism  in which  CIT officers  can adapt to the Memphis model (Vickers, 2000).  In addition, there should be a new mental health emergency system or a unique healthcare system where mentally ill offenders are taken and given special care.

 

 

Conclusion

 The Crisis Intervention Team (CIT) is a response that has been developed by police officers in Memphis Tennessee to address the mental health crisis.  The goal of this model is to provide the police officers with 40 hours of training so that they can have the ability to identify mental illness individuals during police interaction.  Various stakeholder such as the mental health advocates, health professional, and police agencies have endorsed the model and it has gained recognition in many nations. CIT is associated with benefits such as reduction of wrongful conviction, reduction in arrest rates, fewer injuries, and reduction in recidivism, among others.  In the future, the law enforcement agencies in all jurisdictions should implement this program to promote community safety and more importantly improve the well-being of the mentally ill individuals.

 

 

 

 

 

 References

 Walker, L. E., Pann, J. M., Shapiro, D. L., & Van Hasselt, V. B. (2016). Best practices in law

enforcement crisis interventions with the mentally ill. In Best Practices for the mentally

ill in the criminal justice system (pp. 11-18). Springer, Cham.

 Vickers, B. (2000). Memphis, Tennessee, police department's crisis intervention team. US

Department of Justice, Office of Justice Programs, Bureau of Justice Assistance.

 Watson, A. C., & Fulambarker, A. J. (2012). The crisis intervention team model of police

response to mental health crises: a primer for mental health practitioners. Best practices

in mental health8(2), 71.

 Thompson, L., & Borum, R. (2006). Crisis Intervention Teams (CIT): considerations for

knowledge transfer. In Law Enforcement Executive Forum.

 

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FDA: Describe how to submit a new protocol to an open IND

 

 

Table of Contents

Summary: 2

Table 1: Comparative description on how to submit a new protocol and change protocol to an open IND   4

Work Cited. 6

 

  Summary:

The present Federal law necessitates that drugs have to be subject to the certified marketing applications before being distributed across the state. In that sponsors, will mostly desire to distribute the investigational drug in other regions and thus the drugs must acquire an exemption from the legal supplies. In this case, IND is the channel through which these sponsors usually acquire the exemption for the distribution of the drug from the FDA.

During the early development phase of a new drug, the main objective of the sponsors is to establish if the drug is sensibly safe for human use. In the case that the products display pharmacological action that justifies profitable development, the investigation is necessary. After a product has been classified as a viable applicant for additional development, then it allows the involved investors or sponsors to gather information and all the necessary details that are required to ensure that the drug does not expose the users to unreasonable threats even when utilized in the early phases of the clinical investigation. The main FDA’s role with respect to the development of a new product or drug commences at the point in which the involved sponsors which usually incorporate the possible marketers or manufacturers, after screening the component for pharmacological operation and acute harm from animals are willing to conduct a tests on the drug for clinical, therapeutic or even diagnostic ability for humans. In this case, the component shifts ownership under the FDA thus becoming a new drug that is subjected to a particular set of requirement for regulation.

With respect to the existence of an operational IND, then the sponsors of the application might be in need of making certain amendments or even introducing a new protocol as required in order to ensure that the clinical surveys are carried out while adhering to the protocols that are incorporated under the IND application. Sponsors are usually required to submit the amendments of new protocols or the possible changes to the already developed protocols prior to the implementation of respective amendments. In other words, this implies that some new studies might be initiated at that moment when the sponsors have submitted the proposed changes to the FDA for assessment and the new protocol or the proposed changes to the already existing one have acquired approval from the IRB (Institution Review Board) holding the obligation for evaluation and endorsement of the studies. In the case that the IND application investors desire to comment on the submission that has been made, then they are required to send a request with regard to such comments as while as the specific questions in which they wish that FDA should respond and address any further issues that might arise.

With regard to a new protocol then the sponsors are usually required to ensure that the submission is comprehensive and that it incorporates all the details. In that, the application has to be feasible and relevant to the product while allowing the FDA to initiate its investigation on the clinical applicability of the drug. Thus, the sponsors might, in this case, submit their investigation or finding IND while proposing a study on an unapproved drug that focuses on a specific patient population based on its findings. The anticipated outcome and applicability in the clinical field must be indicated on the submission. There is a procedure that is followed when submitting a new protocol to an open IND.

Table 1: Comparative description on how to submit a new protocol and change protocol to an open IND

This section offers an in-depth description of the provisions followed in the submission of a new protocol to an open IND which further creates the opportunity for making further changes if desired by the sponsors.

 

 

Comparison

Contrast Description

1.      New protocol

 

When a drug sponsor proposes to carry out an investigation that has not been covered fully by the already existing protocol as covered in the IND, it is required that the sponsor should submit fully to the FDA a protocol listed for an amendment that hosts the protocol for investigation. Such a study is likely to start when two major provisions have been covered fully.

1.    To begin with, the sponsor is required to make submission of the developed protocol to FDA for the assessment. This is to ensure that the responsible body fully investigates on the applicability and suitability of the drug for clinical use by humans.

2.    Next, the protocol must have acquired approval from the Institutional Review Board (IRB) with the obligation for conducting a thorough and yet reliable assessment and also certified the investigation in accordance with the set demands. The compliance of the provision can be met by the sponsors in any desired order as long as all the requirements that show the feasibility of the study and protocol are established.

In other words, a new protocol mainly entails when the sponsors propose to carry out an investigation or research on a drug that has not been covered within the existing protocol as hosted by the IND. Thus, the sponsor must, therefore, ensure that submission is made to FDA addressing the intended amendment which must contain a separate copy of the proposed new protocol as well as a short-term description of the most medically important differences amid the proposed protocol and the previous ones.

2.      Change protocol

The IND’s application sponsor must submit the proposed protocol changes in the instance when the amendments to the existing protocol that impact the safety of the users, investigation scope as well as the scientific importance of the study. In that, the amendment must hold a brief definition of the amendment as well as a reference to the initial submission as contained by the existing protocol. For instance, the changes that might need an amendment within the IND application should incorporate the following.

Any rise in drug amount as exposed to the subject that surpasses the quantity that is described within the present protocol or an actual rise in the subject’s size under the research.

Any notable changes with regard to the actual design of the protocol, for instance, the increase or eradication of the control subjects.

An increase of procedural tests that are mainly focused on improving the monitoring process with the intention of minimizing the associated risks, adverse effects, exclusion of safety tests that ought to establish the clinical importance and safety of the drugs in general.

It is worth noting that the submission of protocol amendment that seeks to eradicate any possible harm to humans is likely to be implemented with urgency as long as the FDA is subsequently informed by those that intend to make the changes on the protocol and approval acquired from IRB.

 

Work Cited
  1. https://www.fda.gov/drugs/developmentapprovalprocess/howdrugsaredevelopedandapproved/approvalapplications/investigationalnewdrugindapplication/default.htm
  2. https://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/InvestigationalNewDrugINDApplication/ucm362503.htm
  3. https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=312.30

 

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Incorporation of ethics and human rights within the society and culture to improve cognitive capabilities among  single mothers

Introduction

Justice and law are the only things that separate man from beasts. Covering up crimes among their colleagues is not a new phenomenon amongst the law enforcers. More often than usual, police officers have a tendency of cleaning up after their mischief whenever they fall short of the same law they are to enforce among community members. In part, the organizational culture facilitates misconduct among law enforcers. This essay will conduct a thorough analysis on influence of police department institutional culture on personal decision-making and ways to go about handling misconduct and its consequences. In the process it will inform and give advice on multicultural. The advice given in this essay falls under professional advice category and relevant to single mothers all around the world.

Organizational structure

Organizational structure of any community has four basics: values, a belief system, standards, and certain communicative symbols that better assist members of the community understand selfhood. In other words, decisions always align to an organization’s structure hence entrenching. For instance, the belief systems within the four walls of any police department revolve around being confident which in turn makes officers have a sense of superiority (Dincyurek, & Uygarer, 2012). Then, they get the feeling that they are above the law leading to misconduct. More so, one cannot go against organization standards, thus personnel decisions often favor already existing norms and stick to daily stererotyping. For example, the lieutenant automatically covered up the deputy without even blinking an eyelid, which goes to show the power of organization structure. This eventually leads to stereotyping single mothers with insecurity within their neighborhood.

Options single mothers have

After facing security threats, officer in charge must or will obviously look into the issue keenly while on the other hand try not to ruffle any feathers. Hence, the best way of seeking justice without provoking the existing status quo and breaking stereotypes associated with single mothers is to approach the situation from a professional point of view and adhering to the lawful procedures while seeking justice. Carrying out a non-bias investigation will unveil crucial facts of what transpired in the night the single mother encountered security threats (Dincyurek, & Uygarer, 2012). After finding the facts, a law enforcer can decide to take action and necessary steps using legal means or whistle blowing to media outlets In case of sluggish behavior and unresponsiveness, a single mother should sue law enforcers.

If a single mother decides to take the high road and go for the head of the deputy chief, I may be subject to discrimination and in this case would meet many roadblocks since it is hard to make an officer of high-ranking face his mistakes (Dane, 2011). On the hand, if single mother decides not take any form of action, it may encourage misconduct among other officers and cement unwarranted behavior eventually leading to self-efficacy.

The right action and motivation will lead to ethical decision-making. This implies that misconduct of any officer needs to face the full force of the law. Therefore, in order to make a moral decision, the right motivation coupled with good intention must take center stage in any decision one make (Dane, 2011). Looking away is a form of wrong motivation coupled with good intentions. In other words, the decision single mothers make will reflect back on my personal values and ethics.

Strategies

The inclusion of special prosecutors to lead any inquiry on crimes or misconducts will smoothen the wheels of justice and officers will account for their misdeeds. Special prosecutors do not have any interest in the cases they handle, which makes them more effective and efficient. The second strategy is the increment of oversight by the government (Pervin, 2015) which calls for social cognition in the side of the mother. Daily monitoring will inform the government on whatever goes on the police departments. The third strategy is to train officers on discipline matters and provide alternatives on how they can handle misconduct among themselves.

Blue wall of silence occurs between the lieutenant and the deputy chief. The lieutenant initiates a series of activities that covers up the misconduct of the deputy. Whistling blowing will be through finding facts and leaking them to necessary institutions that can later act on the information and take action (Pervin, 2015) and single mothers should possess the dispositional attribution for accurate discernment of details . Hence, the best approach is looking at the case from an ethical perspective.

In my point of view and fair perspective, the list of human rights is sufficient and effective. Its usefulness and adeptness comes about due to its ability to address immediate needs of a human being. The list gives each person the right to fundamental standards of living   that encompasses good health, security, housing clothing, social services, and employment. More so, mentioning the human rights is equal to recognizing human dignity and giving societies freedom and dignity to fight for their rights (Austiningsih, 2016). Consequently, acknowledgment and declaration of human rights draws the line and defines wrong and right within a community. In terms of importance, it does not discriminate or give room any form of bias .Thus; the rights are equal across all human races regardless of color. It is important to note that it is not a treaty hence no legal responsibility comes with it. Therefore single mothers should feel free to report any illegal behavior that they suspect arises from them being single mothers.

In any conflict situation a police officer encounters, he or she has a duty to ensure peace prevails before looking into the underlying causes (Austiningsih, 2016). In this specific situation, as a police officer who has specialized to handle such situations it is mandatory to lend a listening ear to everyone and ensure impartiality.

 

Ethics during a Conflict

A police officer working in a community where Korean Americans and black Americans are in constant conflict with each other. In such a neighborhood, there is no straightforward solution to any situation (Austiningsih, 2016) consequently situational attribution serves as evidence most of the times. On one particular instance, a clerk called in after he found a young pregnant teenage single mother stealing from the store. The clerk made a citizen arrest and waited for me to arrive at the store. On arrival the witness found that there were back Americans protesting the arrest of the youth.

To ensure that the crowd does not turn violent, the law enforcer dispersed them peacefully by freeing the boy from the clerk. On seeing that the young man was free from his capture, it was easy to convince the crowd that the law enforcer had the situation in control and that the cases would be fair. However, the crowd does not disperse completely, it was at ease, and the atmosphere was not under any tension (Marbaniang, 2013). A back up partner conversed with both the youth and the clerk to get more information from them. In a community with two conflicting races, the power of conversation is essential; it simplifies paper work and paints an officer as an arbitrator rather than a law enforcer with an aim to punish a wrong doer. Additionally, conversation builds trust among the community members.

In situations that might turn violent, it is important to ensure that force is minimal. In most diverse communities, crowds tend to react due the force used by an officer. Therefore, the young pregnant single mother was free and no handcuffs were on his hands (Marbaniang, 2013) .However, we were keen to ensure justices got its fair share. One of the main question that puts the whole case into perspective is looking into the measures the store took to prevent petty theft. Getting details on the measures would give more information and evidence into the situation. Simply put, in a case where the single mother is on the wrong side of the law, activists should conform to the lawful standards and take a biosocial perspective to gender hence leaving the lw to take its course.

Conflict

In a situation that can turn volatile due to the animosity between two conflicting communities, applying justice is strategic as solving such a case does not depend on fairness alone (Dincyurek, & Uygarer, 2012) and single mothers should always obey and conform to the law despite of prejudice thrown against them. Behavior of an officer and the manner in which ones handles the viewpoints of  single mothers and their cases is vital. Rushing to deliver justice in a sensitive context is not wise and can tilt the situation and worsen it. From the tone to the handling of the petty thief matters, a lot and serves as a sign of cares and concern.

Involving members of the community in such a situation can is wise as it makes them feel involved and loved by the officers (Dincyurek, & Uygarer, 2012). Accommodating the opinions of the public creates an understanding foundation to solve the case without arousing any hateful feelings especially among single mother in groups and outgroups. One of the factors that fuel animosity within a community is the feeling that one race gets more favors or opportunity than the other does. Therefore, it is important to maintain ethics and core values such as   kindness, politeness,   and maturity especially among single mothers. Simple principles can go a long way in quelling and cooling things that might get out of hand.

 Care ethic states that human relationships   and values that make up the interactions have a moral significance that influences the life of an individual. In other words, relationship affects decision-making and morals of a person rather than set personal principles (Dincyurek, & Uygarer, 2012). Whereas persuasion brings out an ethical point of view that suggests that, a good action relies on utility. Helping other single mothers in vital situations are pleasures that arise after one takes an action. In short, there is no wrong or right with aggression and helping a single mother who just broke the law but by stander intervention needs to be always lawful. In fact, an action is right or wrong based on the consequences of the action. Between Care ethics and self-care categorization, care ethics seem more right as it defines what is morally wrong and right. Care ethics takes into account personal values to highlight moral decisions and opinion although it is not absolute. In perspective of care, ethics abortion    can be wrong or right depending on the wish of an individual. In terms of utilitarianism, aggression is neither wrong or right to begin with. In fact, its effect will dictate right or wrong.

Although all of the above is true, ethical behavior goes hand in hand with legal systems. In fact, under the law, there is no attraction or beauty but only justice which prevent single mothers from leaning into dispositional attribution (Pervin, 2015). Below the private category, contracts and intellectual property information get protection and management. The slaw defines do's and donts' while handling information flow, which in turn helps to manage sensitive aspects of the data.

In brief, ethical issues help to secure confidence as a people interacts with one another. More so it improves service delivered to a patient. An ethical framework will support accurate application and flow of data. The personal initiative helps to develop and acquire more information. In addition, people should always ensure security and deal with matters in an ethical manner while looking for justice. In case of a conflict between members of the community law enforces can ensure the issues pertaining the case reach an amicable finality.

 

 

 

 

 

 

 

 

Reference

Austiningsih, I. (2016). Emotions as The Basis of Literary Representations. EnJourMe (English Journal of Merdeka): Culture, Language, and Teaching of English, 1(2), 15.

Dane, E. (2011). Paying attention to mindfulness and its effects on task performance in the workplace. Journal of management, 37(4), 997-1018.

Dincyurek, S., & Uygarer, G. (2012). Conduct of Psychological Counseling and Guidance Services over the Internet: Converging Communications. Turkish Online Journal of Educational Technology-TOJET, 11(3), 77-81.

Marbaniang, D. (2013). Developing Cognitive Abilities in Children.

Pervin, L. A. (2015). Goal concepts in personality and social psychology. Psychology Press.

 

 

 

 

 

2038 Words  7 Pages
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