STUDENT’S GUIDE TO RESEARCH

The Individual And The Social Role

Zimbardo set up a mock prison in Stanford to experiment how individuals are really willing to conform to change as per the roles were given. It still remains one of the most mysterious experiments to date. Nonetheless, another alternative model is Transtheoretical better known as The Stages of Change (SoC) which happens to be widely cited, individuals are sub-divided into various categories that have the perfect representation of their levels of enthusiasm and readiness. Since this happens to be reviewing some addictive behaviors and even better when it comes to achieving results, the model has unique theory capable of exclusive reports. The brighter side of this model is that of individuals having to face similar hurdles and barriers, and thus can be easy when intervening. In line with milestone representation, a group of five stages would be passed by the selected individuals basically driven by self- value and decisional steadiness. The model reviews and places individuals as per the strengths and weaknesses of comportments and the good thing are that it is in an even environment. Unlike other alternatives models SoC gives priority to the participants and the trauma is less agonizing. However, the model is more common to the practitioners themselves rather than researchers and in most cases, you will find that it focuses on a personal level of delinquent behaviors especially the addictive ones. Also, it is very simplified and well represented for instance, at the pre-contemplation stage where increased information about self and problems always occur. And, finally are the comprehensive results which you are likely to get with this model when you are deciphering the individual behavior and behavior change. The various group stages are very fundamental when it comes to experimenting and no doubt this allows switching and it could be monitored better.

Reference

Recruitment, Training, and Police Socialization

The biggest challenge that is preventing police recruiters from having a viable applicant pool is that the pool for the selection is shallow. The main reasons contributing to this scenario include the public perception of the occupation’s prestige, working conditions and the general economy. The police career is highly regarded or honored but one that a lot of people would not like as their lifetime career. The citizens have consistently ranked this job in the lower half of all occupations. This is made worse by the recent coverage by the media of the law enforcement being involved in incidents such as racial profiling. This coverage has done nothing in enhancing the profession’s prestige. In addition, the working conditions make a lot of young recruits to suffer cultural shock upon taking on their duties which involves heinous crimes such as drug peddling and murder. The economy provides jobs with better working conditions and salaries which make people to shun law enforcement career.

The patrol scripts would be used where there is little chances of crime occurring. An example is the maintenance of security at a given university where the possibility of crime occurring is very low. In such a scenario, there would be no need for using random patrol since this mean that a lot of unassigned time would go unutilized (Rivero, 2010). The only thing needed is to mark the areas where crime is likely to happen within the compound and direct patrol effort in it. A major disadvantage of script patrol is lack of visible presence of police officers since this method is reactive. This means that there is a lack of deterrent effect of criminal activities (Rivero and Pepper, 2010).

References

Rivero,D.,(2010).Proactive Patrolling through the Use of Patrol Scripts. Retrieved from:

 Rivero, D.,and Pepper,J.(2010). "Proactive Patrolling through the Use of Patrol Scripts,"

The Police Chief77 (September 2010): 66–68,

http://www.nxtbook.com/nxtbooks/naylor/CPIM0910/index.php#/

Crime, Inequality and Social Justice

            Many authors have had contentious views on crime; however, Loury being an African American observed and went through inequality in terms of race. He observed higher racial inequalities in the realm of punishment than in any other arena of American social life (Glenn, 2010). Incarceration as a means to deal with crime offenders is greater among African American than the whites. This shows a trend of racial disparity in the rates of imprisonment

            African Americans were associated with high rate of violence crimes than the whites, and this increased their number in prisons. Racial inequality on of imprisonment has also been increased because of the issue of “war on drugs”. African Americans were highly represented among those incarcerated (Glenn, 2010). For drug offenses even as they were no more using or selling those drugs than whites. This implies that there is racial disparity in imprisonment for crimes which can be described as an injustice.

            Increasingly, there are disparities by social class in punishing these criminals, and these are so harmful to the affected families and communities (Glenn, 2010). This is because the prisoners come from the most disadvantaged parts of the society; it then happens that the prisons exacerbate the inequality ignoring that the factors that make young people get involved in crimes include disorganized childhoods, child abuse, inadequate education and this can be solved.

            I agree with this view that there is disparity in imprisonment for crimes and this is shown by a higher rate of American prisoners than the whites. This could be because their low standards of living tempting them to get involved into illegal practices that cause crimes (Hawkins, Myers & Stone, 2003). At times they tend to be idle in the streets with nothing to do hence causing crimes. Thus a solution can be taken to curb that.

References

Glenn C. Loury. (2010). Crime, Inequality and Social Justice. © 2010 by the American Academy of Arts & Sciences.

Hawkins, D. F., Myers, S. L., & Stone, R. N. (2003). Crime control and social justice: The delicate balance. Westport, Conn: Greenwood Press.

Business Law Case Study

Case 20.4 Reference to Another Agreement

1. 1

From the information given, the reference to the mortgage causes it to be nonnegotiable

1. 2

One of the reasons is that Holly’s initial contact was conditional promise. When Rogers and Blythe transferred rights to the Bank, the promise later turned to be unconditional and not negotiable due to the existing risk that Holly Hill may not pay (Cheeseman, 2014).

Case 20.5 Ethics Case

1. 1

When the bank accepts the check, then it is a bearer paper

1. 2

The person cashing the check may not have acted illegally because the way the check is made payable affects the one indorsing it. If the check is made payable to the bearer, it means cash is payable to the one possessing the check (Cheeseman, 2014). Therefore, the person cashing may not be unethical for this case.

Case 21.1 Transfer Warranty

1. 1

Pontiac Bank is not liable on this transfer warranty

1. 2

This is because Pontiac Bank never transferred the instrument directly to Matco. Cox made a warrant transfer to Pontiac Bank and Pontiac made a warrant transfer to the payer bank. Therefore, with this transfer chain, the only party that could sue Pontiac is the payer bank but not Matco (Cheeseman, 2014).

Case 22.3 Wrongful Dishonor

1. 1

In this case, the bank has reasons to win the case.

1. 2

Despite of the damages it had caused to Goodwins, it is important to look at the causes of these actions (Cheeseman, 2014). When looking at the causes, we find that they were not intentional as Goodwins stated. And on top of that the bank took a step to apologize.

References

Cheeseman, H.R. (2014). Contemporary Business and Online Commerce Law. Prentice Hall

US Legal System

"Racial Diversity and Jury Deliberations." Harvard Mental Health Letter 23.4 (2006): 6. Academic Search Premier. Web. 3 Oct. 2016.

An experiment was conducted that consisted of whites and blacks. The crime involved sexual assault whereby the victim was a white while the defendant was a black. In this case, the evidence was ambiguous where after the video the jurors were asked to state whether the defendant was guilty of the act. After seeing the video immediately 40% of the jury voted yes that the defendant was guilty (6). 31% of the jury in the mixed group gave the verdict of guilty and 51% of the white in the group voted for a guilty verdict. It is, therefore, evident enough to say that even before the black jurors had the chance to the verdict the white jurors in the group were open to the defendant guilty (6). The issue of having a mixed jury in this experiment made the white jurors takes their responsibility seriously and less ready to favor as they have different opinions to put into consideration.

Pond, Brandon C. "Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B)." Brigham Young University Law Review 2010.1 (2010): 237-250. Business Source Complete. Web. 3 Oct. 2016.

Mr. Benally who was the defendant was accused of assaulting a Bureau officer of the Indian Affairs with a weapon was found guilty in the year 2007. After the jury released its verdict one of them came to the defense of the accused as she argued that the jury deliberation was improperly influenced to Mr. Benally who was a Native American on the basis of racist’s claims (237). The argument was founded on that most Indians individuals get drunk after taking in alcohol hence becoming violent. The juror further said that Mr. of Benally would not go scot free after assaulting a police officer and that a message should be sent back to the reservation. This opened a new case for Mr. Benally raising the question of racial discrimination that none of the jurors could answer affirmatively. Race played a crucial role in this judgment as information was considered and not evidence (239).

Taslitz, Andrew E. "Racial Threat Versus Racial Empathy In Sentencing--Capital And Otherwise." American Journal Of Criminal Law 41.1 (2013): 1-40. Academic Search Premier. Web. 3 Oct. 2016.

Empathy is considered to be the capability in standing in another man’s shoes while sympathy is compassion or understanding from the person perspective. From different people’s perspective, white people are well understood by the white jurors which means that a different race rather than the white is likely to be misunderstood by the white juror creating a huge gap in socially especially where the accused is not a white. The disparity is coincidental but it is overwhelming when the victim is a white while the defendant is a black (6). The white jurors exercise empathy to the white victims leading to harshness towards the black defendant’s thus affecting the decision of the jury, especially where their number is not evenly distributed hence the unfair judgment.

Brown Jr., Lonnie T. "Racial Discrimination In Jury Selection: Professionalism Misconduct, Not Legitimate Advocacy." Review Of Litigation 22.2 (2003): 209. Academic Search Premier. Web. 3 Oct. 2016.

Jury’s decisions have been affected by the racial discrimination hence the adoption of the anti-discrimination principles in the context of the jury selection. In the case of Stauder versus West Virginia the court held that the right was denied if the blacks were excluded from the jury as the defendant could move the case from the state court (223). This means that if the jury is only comprised of the whites then there is bound to be unfair judgment as the inclusion of the blacks in the jury was meant to eliminate the stigma that the black race faced throughout the history. In the eyes of the white, the colored races were deemed ignorant and abject and were unfit to command respect from those who had superior intelligence hence unfair judgment (223).

Sommers, Samuel R. "Race And The Decision Making Of Juries." Legal & Criminological Psychology 12.2 (2007): 171-187. Academic Search Premier. Web. 3 Oct. 2016.

The historical nature of the legal system of the United States has been presumably played a role in the way juries make their decision where the blacks stand accused. The white system has predominantly given harsh treatment to the blacks. A study carried out has shown that the white jurors are harsh towards same race defendant implying that despite the level of evidence in any given case race plays a bigger role (172). The discrimination of the blacks and the notion that the white have towards the black stands in the way of fair judgment. As a way of overcoming these odds of unfair judgment, individual differences have been put into consideration to ensure that elimination of racial discrimination.

Lynch, Mona, and Craig Haney. "Emotion, Authority, And Death: (Raced) Negotiations In Mock Capital Jury Deliberations." Law & Social Inquiry 40.2 (2015): 377-405. Academic Search Premier. Web. 3 Oct. 2016.

The emotions and authority arise in the jury that has mixed races. Where the victim is a white the white juror’s have shown to be more emotional. In another case, the black defendant was considered not to be a man but to be an animal by the white jurors. Emotions were attached. They displayed negative emotions to the defendant despite lacking evidence (389). The deliberation by the jury to the defendant was bad character and depravity of the defendant whereby the best justification was putting him to death. There was no fair judgment to the black defendant as emotion was attached to the injured part irrespective of the level of evidence which shows that race played a great role in their judgment (390). The defendant was considered dirty because of the race hence a racially biased outcome.

Business Law Cases

Case one

            Question 1

On grounds of the presented facts by the case, Brandt holds a very rationale case against the scientific center in Boston as compared to the case in contradiction of the health center.  This is mainly because the conducted transaction was fully based for services provision.  Brenda headed to the health center in order to access treatment services which cost her much higher amount of money.  In addition the treatment resulted in development of several complications based on the implantation of defective sling placed into the arm.  This therefore shows that the case against the medical center by Brenda was not reasonable because the center was only a medical services provider and therefore the goods defectiveness was not their responsibility.  The case against the scientific company would therefore be more reasonable because the corporation responsibility is no ensure that the goods are quality and based on the health and legal requirements (Gaylord, & Miller, 2009).

Question 2

Since Brenda does not hold a rationale case against the medical center as the case is not a merchant one no legal favor provision can work against the center based on UCC.  This therefore implies that the health center has the opportunity of recovering the fee paid to the lawyer. This is because the center holds no case because the harm caused to the patient can be cased against the scientific Boston Corporation who delivered defect products.

Case Two

Question 1

Malmberg did not act in a way that is ethical in the presented case. Ethically by definition is acting in accordance with right rules or standards (Clarkson, 2010).  In the presented case Malmberg failed to act in an ethical way as he well understood that paintings selling were not an ethical thing to be involved in.  Despite the fact that he was a merchant who was entitled and entrusted with those paintings and held the transferring rights power the decisions that he made in his practice cannot be termed as ethical.

Question 2

            It is clear that Malmberg acted in a criminal way. The act can be considered as criminal because he transferred Red Elvis in the exchange of cash and did not inform the owner as she had to establish the act herself.  This therefore raises the concern of Brandt taking the decision to take the paintings ownership in spite of the existing evidence that Red Elvis was in full belonging of Lindholm.  I ethical nature Malmberg can be sued for theft. His act was additionally criminal because the court convicted him for embezzlement of gross fraud thus rendering the judge ant in plaintiff’s favor. This can thus be termed as a crime as it involves the violation of the rights of another individual (Gaylord, & Miller, 2009). This therefore establishes he support that his act was a criminal one although the complaint by the case plaintiff was withdrawn before the trial.

Question 3

Lindholm holds some responsibility for Red Elvis loss this is because she gave her full trust to Malmberg which was based on their collaboration relationship which had existed for thirty years. This therefore implies that she gave direct permission to Malmberg to attain the acts possession and she failed to provide detailed rules in protecting herself against their collaboration agreement. She should have designed policies in regard to their agreement in order to protect herself as well as all the involved parties.

References

            Clarkson, K. (2010). Business Law: Text And Cases: Legal, Ethical, Global and Corporate Environment. London: Cengage Learning.

            Gaylord, G., & Miller, R. (2009). Cengage Advantage Books: Fundamentals of Business Law: Excerpted Cases. London: Cengage Learning.

Title: Reforming And Strengthening America’s Criminal Justice System

            Outline

Title of Paper- Reforming and Strengthening America’s Criminal Justice system

            Introduction to Paper

Through the utilization of the article ‘Reforming and Strengthening America’s Criminal Justice system’ by Holder, (2013)and the related literature, this paper will seek to present an analysis of the criminal system of justice in America and then generate recommendations of how the current justice system in America and be reformed. The article raises issues that are related to social issues, violence issues as well as the issues that surround the justice system in communities.  The article asserts that the American individuals have the right to acquire information on whether the American system of justice practices fairness as well as equality.  The purpose of developing the article according to the author is to develop public awareness.  He aims at accomplishing this as he brings out facts in in the context of the justice system to allow the public to develop their personalized decisions.  Therefore with the utilization of available academic literature and Holder, (2013), work, I will, therefore, discuss the issues that are associated with criminal justice system’s problems.

In this section I will provide details of the article by Holder, (2013), this will therefore include the causes of incarceration of mass, the strategies of enforcing the law, the criminal system of justice and prisons reforms in America. The article raises concerns and creates awareness based on the growing mass incarceration rate in America.  Law offenders are subjected to various injustices. Mass incarceration results into negative effects especially to the community and this is generated by the lack of a proper system of justice provision in America.

            Literature Review

            The paper will review literature developed by, Chesney-Lind, & Mauer, (2011), Falk, (2010) and Stuntz, (2011). The review will, therefore, be based on the following, origin and incarceration causes, mass incarceration catastrophic collateral effects and the efforts of facilitating reforms legislation.

            Critical Analysis

            According to Chesney-Lind, & Mauer, (2011), American holds the largest rate of mass incarceration which holds negative consequences on the offenders as well as the communities.  The incarceration rate in America should, therefore, be reformed soon by ensuring that the justice system maintains fairness.  On the other hand Falk, (2010), the American justice system works with the influence of injustices like corruption and discrimination. Falk, (2010) asserts that the system of justice will only work if proper reforms are utilized.

            Summary, Conclusions, and Recommendations

            The current mass incarceration situation in American was developed by various justice system reforms.  This is mainly because the existing justice policies are associated with distinct issues which necessitate innovative and thoughtful solutions. This will, therefore, assist in developing an effective justice system.  An effective justice system should ensure that the pretrial financial release is reduced to reduce the number of individuals convicted. In addition, federal and state leaders should take measures act to eradicate mandatory minimums, reduce the period of sentencing terms and limit the ranges of offenses applicable for the conditions to return more discretion to sentencing judges.

Reforming and Strengthening America’s Criminal Justice System

Introduction

            This paper will provide a critical analysis of the justice system in America, the issues that surround the system as well as recommendations in the context of the criminal justice system.  I will provide an analysis of Reforming and Strengthening America’s Criminal Justice article authored by Holder, (2013).  This will focus on several topics which will include the following: Origin and incarceration causes, mass incarceration catastrophic collateral effects and the efforts of facilitating reforms legislation.

            Bold Steps to Reform and Strengthen America’s Criminal Justice System

            Holder, (2013), raises concerns as well as creates awareness in regard to the growing mass incarceration level in America.  Holder, (2013) identifies the social injustices that occur when enforcing the criminal law on the offenders.  Holder, (2013), states that the issues of mass incarceration are due to the fact that most of the offenders are held by the legal system for an extended period without a good rationale.  In addition Holder, (2013) stated that the basic level of the justice system in America is inadequate and thus cannot be able to overcome the issues that are subjected by modernity.  The justice system in American has not completely embraced fairness and it works by the influence of discrimination which has contributed greatly to the mass incarceration issue.

            According to Holder, (2013) in order to several measures should be adopted by the criminal stem of justice in American in the quest of reducing the rate of mass incarceration and the consequences.  Holder, (2013) new policies need to be generated to ensure that the offenders serve minimum sentences with adequate benefits. This can, therefore, be achieved through the development of initiatives such as counseling programs, training as well as rehabilitation. These initiatives will help in transforming the individuals as sentences are not mainly aimed at delivering punishment but also to change the offenders. Reducing the sentences will help in ensuring that the effects of incarceration in the legal system are reduced.  On the other hand, discrimination can be reduced through the implementation of policies to ensure that every offender is treated equally through the utilization of the law. This will work in promoting fairness as well as equity in the criminal system of justice in all the American states.

            Literature Review

            The aim of the of the justice system  in America is to provide justice to all individuals  by  convicting and subjecting punishments to the individuals that are found guilty in order to assist them  in respecting the law while offering protection to the innocent citizens (Chesney-Lind, & Mauer, 2011).  The criminal justice is therefore meant to offer equal protection to all individuals based on the law and to administer the criminal law in a fair way.  However, the criminal justice is termed as unfair because it tends to be in favor of several groups based on their race, language or even origin.  In the justice criminal system in America, racial disparities exist in a high incarceration rate. The American system of criminal justice seems to have abandoned its purpose as the system has developed more issues than solutions (Chesney-Lind, & Mauer, 2011).

            It is essential to ensure that individual’s rights and the criminal laws are observed at all times.  The raising rate of prisons sentences is based on the mandatory implementation lengthy sentences that are aimed at reforming the offenders (Falk, 2010).  This has therefore resulted in an increased rate of mass incarceration which affects both the offenders as well as the community. This strategy can be termed as both expensive for the government and inappropriate.  This is mainly because the lengthy sentences are not accompanied by programs that are purposed on reforming offenders.  Mass incarceration results in misappropriate stress because the society  is forced to face the social  and family network disruptions which in turn generates additional crimes  as well as infectious diseases.  Despite the fact, the sentences reduction may assist in reducing mass incarceration and the associated effects the lengthy sentences can be utilized in generating value rather than the primary purpose of shaping individuals behaviors. This strategy can be expensive as it will require more resources as well as the utilization of expertise to provide the rehabilitation services increase the centers as well as offer training (Falk, 2010).

The justice system in America is far from being efficient as it seems to have collapsed a long time ago since the policies developed to ensure justice are rarely utilized (Stuntz, 2011). Mass incarceration and the injustices that are witnessed in the justice system can be solved through the eradication of discrimination, lengthy sentences, promoting equality and developing adequate policies with enough capability.  This will help in ensuring that the offenders, as well as communities, are not offended in any negative way (Stuntz, 2011).

            Mass Incarceration Catastrophic Collateral Effects

            The effects of mass incarceration are not only based on financial issues as they additionally result in social complications.  Finical issues have resulted from the expenses that are associated with developing more prisons as well as the associated financial obligations of maintain the structures and handling the growing number of offenders (Holder, 2013).   In addition, financial issues may be generated by the fact that the offenders require reforming programs which necessitate the employment of high expertise.  Individuals jailing holds several social effects as it rises as the opportunity of criminal behavior exhibition in the future thus impacting individual’s economic aspects.  In addition, the sentences reduce the opportunities for individuals in participating in productive activities in the community.  Moreover, a prison record destroys one’s reputation as well as integrity and this hinders the chances of an individual to secure employment.   The incarcerated individuals are additionally bound to suffer huge losses in terms of housing and education.  These effects are passed to generations thus affecting the general status of families of the involved persons (Holder, 2013).

            Efforts to Facilitate Legislation Reforms

            The democrats, republicans, as well as individual persons, are currently working in collaboration to promote reforms legislations in the quest of reducing mass incarceration and its effects.  For example bi- partisan supported the development of smarter sentencing as an act both in the house as well as in the senate.  The act is aimed at offering the necessary reforms to the present sentences for individuals involved in drug offenses.  In addition, the bill will seek to reduce the sentences for the users of drug and even provide a strategy that will ensure that the nonviolent offenders are sentenced below the minimum sentence.  Moreover, the smarter act of sentencing will ensure that all federal prisoners can search for retroactive relief based on 2010’s act of fair sentencing which minimizes the racial disparity in cocaine users sentencing.

            Critical Analysis

            According to Falk, (2010) worrying mass incarceration rate in the United States currently than in the previous years.  For instance, those individuals that have been imprisoned based on drug offenses are approximately two million as compared to three hundred and fifty thousand individuals imprisoned in 1972.  This therefore shows the need of implementing the poisoning policies. 

            Chesney-Lind, M., & Mauer, (2011) argues that the wars of drugs intensify the mass incarceration rate in comparison to other offenses.  In addition, the drug sentences exhibit higher levels of implications in relation to racial discrimination and corruption.  In order to solve the social injustices that surround the sentencing, equality is highly required in the application of criminal law.  According to Stuntz, (2011) the government and the justice system should implement policies as well as initiatives in order to develop a more reformed justice system in America. This is relative to Holder, (2013), who holds that the sentences should be reduced and the policies reformed to ensure that mass incarceration rate is reduced.

            Summary, Conclusion, and Recommendations

The present incarceration level in America developed over time due to the implementation of various policies.  The existing   criminal system policies result in multifaceted issues that necessitate the development of innovative and thoughtful solutions in order to overcome the modernity challenges that hinder the criminal system in America to achieve equality and efficiency.  Therefore the state and federal leaders are highly necessitated to utilize measures in order to eradicate mandatory minimum sentences by reducing the sentencing terms as well as limiting offenses ranges. In addition, the policy developers should focus on providing opportunities to the convicted individuals of specific offenses to close their records of conviction so that their reputation may not be destroyed.

            The pretrial requirements should additionally be reduced to ensure that the family networks of the convicted individuals are not affected.  This will also work to ensure that mass incarceration rate is reduced.   Federal, as well as the state leaders, should strive to ensure that the offenders are given rehabilitative services that focus on developing a productive individual.  The most important thing is that the involved leaders should appreciate total the innovative approaches application in order to solve the severe impacts of mass incarceration that is caused by to the society. 

            References

            Chesney-Lind, M., & Mauer, M. (2011). Invisible Punishment: The Collateral Consequences of Mass Imprisonment. New York: New Press.

Falk, G. (2010). The American criminal justice system: How it works, how it doesn't , and how to fix it. Santa Barbara, Calif: Praeger.

            Holder, E. (2013). Bold Steps to Reform and Strengthen American’s Criminal Justice System. Retrieved from http://eds.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=5ec06d55-723d-4f87-a88a-4a4e42725e03%40sessionmgr101&vid=0&hid=119

            Stuntz, W. J. (2011). The collapse of American criminal justice. Cambridge, Mass: Belknap Press of Harvard University Press.

            Essay One

            In the system of federal court there are three distinct court levels.  These levels therefore require the involved parties to go through them in order to reach the Supreme Court.  The three federal court stages include federal are trial district court, unites states appeal court and the Supreme Court.

            To begin with the trial district court it is made up of two different components which include the specialized and the district court elements. The trial courts are the courts where trying of the federal cases are conducted, with the testifying of the witnesses as well as the serving of the juries.  In America there are ninety four trial district courts.  The specialized court is involved in permitting the appeal to take appeal in the court system circuit. In addition the distinguishing between the cases evidence with the law is done in the trial courts.  Therefore if the judgment of the court does not create any satisfaction to the involved parties they are thus permitted to make a transfer of their case to the following court state which is the Appeal Court.

            The Appeal Court contains thirteen distinct circuits where the parties are expected to follow by each step.  These court level deals with evidence review, law as well as develop different corrections based on the law application.  After the evaluation occurrence in this particular level they should then transfer it to the highest level which is the Supreme Court.

            The Supreme Court holds the authority of either accepting of declining the presented case from the appeal court.  If the case is then accepted this therefore implies that the court will only evaluate what the prior courts had stated. The Supreme Court is centered on people and the general society and not several individuals. Several cases can move from a particular level of the courts to the next without acceptance of the decision made by the first court.

            Essay Two

            Under the United States 14th amendment there are three components of layers of equal protection.  These elements make up the three main components in eradicating the occurrence of discrimination in a nation.  The three equal protection components therefore include classification, action of the state’s government as well as review standards.

In defining the action of the government is particularly not the things that the government performs or   makes decisions in the context of people’s classification.  This involves the act of treating all individuals in a country in an equal manner despite their age, gender, race, color, religion, race and everything else that may be utilized in developing discrimination.

On the other hand classification is an equal protection component and is the way of conducting the actions of the government.  In this component they attempt to treat all individuals who are placed in similar situation in an equal way without the engagement of any kind of discrimination.  This is a significant form of generating a nation that is peaceful without discrimination.

            Standard review can be described as the center of generating equal protection in any nation.  The components are developed by three features which are scrutiny mid-level, rational test basis as well as strict scrutiny.  The strict scrutiny component involves those things that cannot be changed like skin color and race which makes it the most significant element.   Rational test basis is the second component which involves features like economic status and age and this element is therefore changeable. The final level is the scrutiny mid-level which involves gender.

            In conclusion, under the 14th amendment equal protection is made up of the action of the government which is then followed by review of standard as well as classification.  These elements are linked together in the quest of generating solutions to the issue of equal protection among citizens.

1. Why is the EEOC important? Summarize the major federal laws requiring EEO.
   Equal Employment Opportunity Commission is important since it takes the responsibility of enforcing laws which assures that it is illegal to discriminate job applicants. This discrimination might happen due to race, color or religion differences. The commission is mainly required in implementing the federal workplace discrimination laws. It seeks as well as obtains inputs from the public when officials explain on how the laws and regulations apply to various workplaces. The law enforced by the commission prohibits employers from using neutral employment (Manuele, 2014).
2. 
   What is OSHA? What role does OSHA play in assuring workplace safey?

OSHA is highly concerned with the health state each and every individual therefore, employees in the furniture plant have to learn of the proposed safety measures. Health safety is one of a major aspect which is highly ignored at various furniture manufacturing industries. Workers and business leaders are concerned with the production process and the materials hence, ignoring the health state. The high technology used in the industry has got various negative impacts in the employees’ health. It is therefore necessary for the industry adhering to safety measures and ensures the business is under healthy environment (W. David, 2010).

3. How proactive of a role in safety and health do HR professionals need to take? List some of the tasks and actions HR professionals would engage in meeting this responsibility?

Human resource professionals are most dependable individuals in providing guides to safety related issues. Every individual depends on the precautions provided by the safety proffers thereby it is necessary for the safety professional to have knowledgeable skills concerning the safety sector. For one to qualify in the field of safety profession he must ensure that he has got enough  skills in all type of safety measures considering the facts that in every occupation there exist safety measure. In engaging their responsibilities, HR       professionals opt to ensure that maintenance of facilities is held careful to promote the health of workers, and that conducive and health working environment depends on the knowledge and precaution given by the safety professionals (Manuele, 2014).

References

Manuele, F. A. (2014). Advanced safety management: Focusing on Z10 and serious injury prevention (2nd ed.). Hoboken, NJ: Wiley. ISBN #978-1-118-64568-0

1. David Yates, (2010). Safety Professional's Reference and Study Guide. CRC Press

Electronic Surveillance

            I support the use of electronic surveillance of U.S. citizens without court orders in cases of suspected terrorist activities.  As the former president Bush commanded the National Security Agency to look for the proof on the radical movement deprived of the law court agreed permits that needed the local snooping rendering to the administration officers. There has also been the efficiency in the monitoring of the intelligence action on the global calls and the e-mail messages of many people.  The Americans use the electronic surveillance so as to track the numbers that were used by the Al Qaeda.  The American agency is also using permits to assess the whole internal communication. The main reason for my support it is that lack of the court approval in the investigation permits the National protection Agency is also in work to spy the communications that are used internationally (Risen & Lichtblau. 2005).  

            Bush support on the issue is that he also wanted rapid monitor communications that may remove the threats that are made to the U.S.  It has also been the system in helping disturb the plans of the terrorists and also prevent attacks in America. It is also a proof that also the monitoring group has never been suspected of any crime through monitoring of communication of the terrorists.   The agency is also the most secretive group that it does not expose itself on the public view although it sometimes works under tight restrictions as they spy the Americans or distributing information about them.  The surveillance is intended to abuse the numbers and the addresses of the terrorists in the American society.  The system has also been performing their meritless spying on the Americans who are connected to the supposed radicals over and done with the series telephone and electronic message statements which has been more effective to the American society (Risen & Lichtblau. 2005). 

Reference

James Risen, Eric Lichtblau. 2005, Bush Lets U.S Spy on Callers without Courts. 

Retrieved from: http://www.nytimes.com/2005/12/16/politics/16program.html?pagewanted=all

Scenario based

            It is clear that the police officers are responsible for serving as well as protecting the people but they are however not immune to causing accidents especially while driving in pursuit of a criminal. Most of the police officers have thus been found at accountable for all those accidents that have ended up causing death, injuries, and damages to innocent people’s lives and properties. It is quite clear that improper backing system by the police officers has led to many police officers to stand to be blamed. Failure to maintain control or too much attention and determination to seize the criminal has also contributed towards departmental related accidents. Some of these accidents have resulted in injuries both to the police officers as well as to the public. This is quite devastating and hurting especially to the families of the victims or the injured victims themselves[1]. This paper, therefore, will focus on discussing of the scenario of police officer Speedy from the Saint Leo police unit and the hot pursuit that led to an accident. It will summarize the facts of the case, the issues that are presented, the arguments of the case and the applicable law in the case, recommendations and reasons for the recommendations.

Summary of the fact

    In this case, the defendant was patrolling around midnight in her cruiser while he witnessed a black sports type of car speeding to a point of almost hitting the cruiser. It was after this scenario that the officer decided to pursue the car but he did it at a very high speed that exceeded 100mph through the downtown. At that time there were some people in the area as the bars were closing. It is at this point that he lost control and he crushed a curb and ended up hitting a passerby on the sidewalk.

That’s when the criminal who drove the sports car looked back but he, unfortunately, hit a phone pole that killed him. Both the relatives of the passerby and the criminal driver are hostile as they want to sue the sheriff and the employer.

Issues presented

Was there a Standard of care that the police officer used in her implementation in his hot pursuit?

Was there any form of negligence from the officer?   

Did the police officer strike a balance between protecting the public from the risk of the hot pursuit and that one of allowing the criminal to get away?

Was there any assumption of the risk that was involved in undertaking the hot pursuit?

Arguments presented

    The case has two sides or argument that is from the plaintiff sides that is the two families who lost their beloved ones in that accident and the defendant side which includes the police officer, the top manager in the department that is the sheriff and their employer. The plaintiff, therefore, may argue that the individuals’ officer conduct was as a result of his negligence. The plaintiffs would argue that the officer did drive recklessly as he drove off at a very high speed that exceeded 100mph which led to the loss of lives of two people. They would argue out that the police officer would have prevented the accident if only he slowed down and maintained control and this would not have led to the accident. However, the defendant side would argue that the sports car driver was the one who was in the wrong and the fact that he was driving at a high speed and even had attempted to make an accident made the officer make the decision of making the hot pursuit.

The fact that the driver did not stop even after he was asked to stop by being pursued by the officer made him guilty of his crime. Though the accident occurred it was for the greater benefit as seizing the criminal would have helped to stop accidents that the driver would have caused.

Applicable law

    According to the law, the burden of the individual police officer should not be passed on to the highest management and their employer due to the negligence of one officer. The Statute grants police officers permission to drive at any speed in cases of emergency while using the police cars. Thus they are given the privileges of special driving however the law requires them to care and offer security to themselves and to the public[2] . Hence with this law, the officer is solely responsible for his action as he was expected to safeguard the public while undertaking his pursuit.

Therefore according to the law, the police officer is not imperiled to the posted speed limits and he is not also deemed to negligent as people may say it due to fast driving. The police officer in pursuit is thus free from the violations of other traffic rules and lights. This immunity is however only offered to those police officers who prove to have taken some precautions during the pursuit such as the use of the sirens or flashlights by the court[3] . In this case, the officer failed to take precautions such as lighting and thus he was not negligible to immunity.

    A similar case occurred between Gravas versus Thomas where the court ruled that though the police officer was driving at a high while pursuing the teenage criminal who had refused to stop he was right[4] . His subjective aim at arresting the criminal and his decision to engage been the hot pursuit did not shock the sense of right and wrong. There was no indication that the officer had an intention of inflicting harm on the criminal driver. Therefore the police officer, the department and their employer were declared not liable to the death of the driver as the driver failed to maintain control during the pursuit[5] .

    Another similar case is a case where the plaintiff, the parents of the dead motorcyclist who died in an accident argued that the police officer did it intentionally so as to stop the pursuit. The court found out that there was no intentional misconduct during the hot pursuit and he jumping into the motorcyclist was not intended to harm him[6] .

    Therefore the standards that are required to establish liability under the State of law differs considerably in many cases as it involves the extent of various immunities that are available under the law in a certain jurisdiction. Hence as the court impose liability on the police officers due to death and injuries that have been caused by over speeding pursuit basing on the intentional indifference would ignore the truth about the decisions that the officer has to make as to whether to engage in the pursuit of the offender in haste and under pressure to seize the criminal without having to take much time to think[7] .

The police officer was required by law to exercise reasonable care as well as poses a certain level of special knowledge in their training.  Thus the officer must be able to behave in a consistent way that is consistent with the training that he had received. Thus he should have applied the special knowledge from the training so as to be able to maintain a high degree of care . In this case, the police officer was expected to examine the emergency of the case situation so as to determine whether it was reasonable enough to go after the criminal and if he would have exercised the due regard he would have been able to realize that the pursuit would have jeopardized the safety of other people as there were drunk people still on the road[8] .

    However, the law requires the police officers to balance the need to seize the criminal and the essence to show that hot pursuit from the law is not a way to liberty. He, therefore, was supposed to balance the high-speed threat to everyone within the range that including the passersby, the criminal, and the other drivers. However, in his case, he failed in balancing his speed and protecting the public within his range during his pursuit and this led him into killing a passerby.

Recommendation and reasons

    It is thus important that all the police officers should ensure that they offer intensive training to the police officers so as to enable them to be able to prevent accidents and also to be able to learn from the mistakes of others and be able to move on from that. This will also help the department to ensure that all the police officers are well prepared so that they can be able to perform safely even when faced with difficult scenarios in the road while carrying out their patrol.

    Discipline ought to be given to the police officer who was involved in the accidents and he should as well be accountable for his actions. The department should, therefore, cite the officer who was involved in the case so as to issue out internal discipline to the officer; this may range from reprimanding him to suspending or terminating him if necessary. This would help to discipline the officer thus preventing further related accidents from other officers in the department[9] . In this case, the police officer ought to be disciplined as he failed to use the safety measures during the hot pursuit and thus the law offers him no immunity.

    Regular conduction of re-training programs and testing system of the police officers so as to be able to test whether the officers’ skills are good enough to be able to handle the demanding timed scenarios on the road. This will help increase professionalism thus reducing the number of similar accidents thus protection and safety of the public and the police officers as well. This will help the administration to not to be held accountable in case of accidents caused by their officers in patrol.

    It is recommended that the department should set up internal departmental policies which involve policies on hot pursuit. This acts as guidelines so as to guide the police officers in the department on making the pursuit. Therefore, when the officers comply with these formal policies and regulations, it is an indication of good faith in their performance while on official duty. Hence in any case where the officer has acted in good faith according to the policies in the department, the department, the employer and the officer are protected by the policies.

The police officer is liable for his own action since he failed to take precautions during his pursuit.

Core values

    Integrity is one of the core values in Saint Leo and it ensures that the members are able to meet the excellence demands by fulfilling the promises that they made. Thus, in this case, integrity was applied as the police officer was trying to provide safety to the people by arresting the criminal which is a promise that he had taken while taking the profession. Responsibility is another core value where the Sherriff is responsible for his employees and thus he had to protect the officer from his department.

References

            Archbold, C. A. (2005). Managing the bottom line: risk management in policing. Policing: An International Journal of Police Strategies & Management, 28(1), 30-48.

            Cook, C. G. (2008). Analysis Of Police Officer Perceptions And Attitudes Regarding Vehicle Pursuits. ProQuest.

            Farber B.J. (2007). AELE Monthly Law Journal.AELE Law Enforcement Legal Centre.

            Nicholson, W. C. (2013). Emergency response and emergency management law: cases and materials. Charles C Thomas Publisher.

[1]Archbold, 2005

[2]Faber 2007

[3]Faber 2007

[4]Faber 2007

[5]Faber 2007

[6]Faber 2007

[7]Faber 2007

[8]Nicholson, 2013

[9]Faber 2007

The Mexican DTOs International Drug Traffickers

The Mexican DTOs are international drug traffickers who are highly defined command-and-control structures that yield, convey and dispense illegitimate drugs. The group is held responsible for large portion of drugs that get into America every year. The goals of the organization are no different from any other business where income is desired through the sale of the product at hand. The group however engages in the illegal sale and transportation of drugs that have been prohibited in the United States knowingly (Shanty, 2011). This organization maintains distribution networks where they supply their drugs in around two hundred and thirty cities in the United States. In the process of this drug trafficking there is incorporated the use of weapons which most often lead to other crimes in the process of trafficking. However much this drugs are even sold at large scale in the country there are laws that are against the use of some of the drugs such as morphine, cocaine, heroin and opium. This is still done in the far much growing black Market where they still supply the drugs to the addicted and prospective users.

This drugs always have the major origins where they are extracted where for example the main source from which the drugs smuggled in Europe is always from Asian countries. The drugs are mainly from Afghanistan where farmers harvest that which is trafficked into West and Central parts of Asia. Also other drugs are like opium is produced in Mexico since the end of the nineteenth century (Ghodse, 2008). This local production begun following the prohibition of Mexican state on their previous business of importation of opium into the country. Altogether marijuana was also produced in Mexico in increasing quantities even after being banned the production would still be so much that it was measured in tons. Later on production of marijuana was also introduced in Colombia where after some time the government noticed the increasing and extensive production and consumption. This led the government into planning anti-drug campaigns to fight its growth. This and many others like Peru and Cuba were the main sources from which drugs were extracted and thereafter distributed to various parts of the globe for consumption.

The organization and structure of this drug trafficking business is one of the very complicated such that tracing how this drugs move from their origin to the consumer. There is no clear trace of the people who are involved in this smuggling which is very normal because the trade is illegal. It is also clear that this trafficking organizations from countries with less or drug laws had the opportunity to make large profits from trafficking this drugs illegally to the United States. Despite this drug business being conducted illegally the organizations have increased in tally and this has led to them to being diversified in structure (Bunck, & Fowler, 2012). This trafficking now ranges from family based operations where secrecy is an essential aid for its success. This then extend to trafficking of large shipments are sent to associates across border discreetly involving hundreds of people with roles. This varying is what often makes it difficult to identify the groups that are doing the smuggling for they have different scale and MO. A professor studied this drug smugglers issue and noted that the drug organizations can be classified into four main types including “Family business”. This are those which cohesiveness is part of the organization, have a clear structure, in which authority and trust is based on family ties. Another type is the “Freelance” where the networks are serene of trivial nonhierarchical entrepreneurial groups of individuals where each individual is involved for personal benefit unlike the family business (Bunck, & Fowler, 2012). There is also “communal businesses” which are flexible organizations where the bonding lies on some issues like having the same ethnicity, nationality, neighborhood dwelling or even nationality. Lastly there is the “corporations” which are large organizations wherein division if labor is well defined and a formal hierarchy is well installed. Despite the good organization of this corporations it is very difficult to follow and get to know who the head is since location is far and secretive. This head operators of this organizations run their businesses from an outside country which harden investigations due to contradicting laws between countries. This individuals who operate in this organizations at times are thought to be politico-military persons who operate in failed states and contain some political agendas.

The supply of this drugs rapidly grows from time to time in different countries in the globe. This smugglers have their major and very definite routes through which they transport their drugs. Some of this includes the northern routes and Balkan which are the main for heroin trafficking linking Afghanistan to huge markets like those of the Western Europe and Russian Federation (Shanty, 2011). There are large flow of drugs mostly into the United States due to the many cities and places where people are consumers of this drugs. Other places where this drugs flow in great percentages are the likes of Mexico, South Africa sometimes also consumes a great percentage of the global production (Ghodse, 2008). This drug distribution is always made successful through different ways just as normal and legal good are transported from one country to another. The operators of this organization always have sure connection to and from the place this drugs should be transported. Sometimes this drugs are always transported by air like into the United States which receives a large number of inflight each year where some of them are related to this drug smuggling. There is also a large number of this drugs that is transported through the seas by ships to different destinations. This are the two very major methods that are used to transport this drugs to their places of consumption.

The major consumer base for this drugs are mostly where they are produced like Afghanistan where the Afghan opium is produced. Heroin is another which is widely consumed by people all over the globe having the leading countries near the Middle East and South-West Asia. The countries consume around thirty nine percent of the global total production. For the same drug, South-East Europe consumes around twenty four percent of the total globe production (Shanty, 2011). The ones who take the third position the consumption of the same consume some ten percent of the total world production which is the Central and Western Europe. Escalating seizures in the Republic of Iran and Turkey in the year 2006-2008 drove to increased heroin seizures. In that year the two countries accounted for more than half of the heroin that is produced in the globe. The North America was estimated to have consumed roughly four hundred wand seventy tons of cocaine in the 2007 and 2008. On the same note cocaine was highly consumed in the 27 European Union and the four Free Trade Association together accounted for consumption of more 0.25 of the total consumption (Shanty, 2011). The two regions were found to have consumed cocaine worth 88billion dollars which surpasses 80 percent of its global market in 2008. This are the major places where this drug smuggling is highly in practice and where the market is alive for consumers are based there.

Terrorism, violence and other crimes are at time as a result of drug trafficking and consumption. Most terrorist organizations always have their major source of income as drug trade where they are financed by the DTOs (Paoli, 2014). They also carry out their drugs distribution with the aid of gangs who help them in distributing this drugs to their customers. This gangs rely on this drug trade to finance their activities across U.S and in this case they do not use very violent ways to control their market. They use the most automatic weapons to maintain control over their business like bribery and threats. However much they use this non-violent methods they also have some violence in their dealings. In most developing countries violent crimes like murder is linked to drug trading which is true. This drug related violence is triggered by poor government, the economy and lack of power within the law enforcement body of a country. In most cases when a country invests so much of its force and energy into fighting the drug trade end up losing and having no gain out of it (Bunck, & Fowler, 2012). Mostly the country ends up becoming a target for terrorists who make the security and stability of the country lame giving room for even more inflow of drugs.

References

Bunck, J. M., & Fowler, M. R. (2012). Bribes, bullets, and intimidation: Drug trafficking and the

            law in Central America.

Ghodse, H. (2008). International drug control in the 21st century. Aldershot, Hants, England:

           Ashgate.

Shanty, F. (2011). The nexus: International terrorism and drug trafficking from Afghanistan.

          Santa Barbara, Calif: Praeger Security International.

Paoli, L. (2014). The Oxford handbook of organized crime.