Tag: law

Law and Social Equity in Public Administration

Posted on | by Simon KN

Public Administration

Law and Social Equity in Public Administration

Social equity is the pillar of public administration and determines public administrators’ role in addressing inclusion.  It elevates public administration by giving it scrutiny. However, regardless of the struggles and integral aspects that the concept has in public administration, the law acts as its measure throughout its application.  For instance, the law develops velar assessment measurements and evaluations that are important in validating the stewardship of resources as well as ensuring that the interest of the people is met with the outlined bureaucracy.  According to Frederickson (2018), social equity involves a commitment to promote justice and fairness in public policy development, which required dispensation of law to reduce instances of confrontations that might be realized.

Similarly, equality, fairness, and justice relevant to the public administration tents require value consideration, which is based on applying the law through social justice consideration. As a result, a considerable portion of the law is needed in the discretionary implementation and interpretation of public administration through adherence to social equity.  Similarly, legal insight plays a vital role in the general admiration.  For instance, it ensures that the judicial authorities have followed the best approach in administering their powers, and the flow of operations originates from democratic institutions.

According to Johansen (2019), legal insight ensures legitimacy, accountability, and transparency in the public administration. These concepts play a vital role in ensuring that the public administration is coherent and operates based on the outlined principles. Interestingly, legal insight provides that the actions being done within the public administration set up are based on useful guidelines, and all actions explain the relationship between democratic societies and the legal authority.

References

Frederickson, H. G. (2018). Public administration and social equity. Diversity And Affirmative Action In Public Service, 50, 5.

Johansen, M. (2019). Understanding Social Equity in Public Administration. In Social Equity in the Asia-Pacific Region (pp. 13-23). Palgrave Macmillan, Cham.

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Why are you interested in a career in law enforcement?

Posted on | by Simon KN

Police organizations are instruments through which policing services are organized and delivered to the public. The primary function of the police force is crime prevention. As an aspiring police officer, it is crucial to understand how the organizational structure of the police department and its various practices influence its day-to-day functions.

Imagine you have completed your probationary period and are being interviewed for the post of police officer. Your hiring officer wants to evaluate your understanding of the practical implications of police theory and practices on its functions of crime prevention and keeping order.

Respond to the questions provided below. Do your research and choose 1 of the following formats to document your responses to your hiring officer:

A written speech of 700 words

A recorded video of 5-7 minutes (if you choose to record a video of yourself, please see the note at the end of this assignment)

Write or record your answers to each of the following questions as if you were responding to your hiring officer in an interview:

Why are you interested in a career in law enforcement?

Does legitimacy in the police force enable effective crime fighting? Explain how.

Is problem-oriented policing an answer to building partnerships with the public? Explain why.

Is civilianization a beneficial practice in police work? Provide reasons to support your answer.

What are bureaucracy’s positive and negative impacts on communication within a police department?

Which type of mentality makes the best police officer: warrior or guardian? Explain why.

Is the code of silence the desired police subculture? Explain why.

What impact has been seen with including women and minorities in the police force?

How does the contingency theory influence crime control?

How does the environment in which police organizations function influence their operational activities? Explain your reasoning in context with the appropriate policing theory.

Identify any sources you used to support your responses.

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Anthony Townsend Kronman of the Yale Law School writes:

Posted on | by Simon KN

Anthony Townsend Kronman of the Yale Law School writes:

Suppose judges are legislators and not adjudicators who merely apply the rules they have been authorized to apply in the cases before them. What is it that gives legitimacy or authority to their decisions? (Kronman, 1986)

Take a position. Do you agree or disagree that judges should be allowed discretion in sentencing?

First, title your post either “Judicial Discretion Should Be Allowed” or “Judges Should Always Follow Sentencing Guidelines.”

Then, using the information gained in this module and the resources noted above, make your case. What are the strengths and weaknesses associated with this issue? What do you believe to be most important in justice: complete judicial discretion or required oversight by the sentencing guidelines? Be sure to build your case with factual resources.

In responding to your peers, consider how well they justified their position using available resources. Consider the following questions in your response posts:

  • Did they support their position convincingly using appropriate resources?
  • Which of their points makes the most sense, even if you made your case for the opposing viewpoint?

Reference

Kronman, A. T. (1986). “The problem of judicial discretion.” Faculty Scholarship Series 1063, p. 486. Retrieved from https://digitalcommons.law.yale.edu/fss_papers/1063

To complete this assignment, review the Discussion Rubric document.

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Making Stories: Law, Literature, Life

Posted on | by Simon KN

Making Stories

Human life is full of stories according to Jerome Bruner especially those that touch on our interests and businesses. It is true that people sometimes associated themselves with some story that had attracted their attention somewhere and can work in their favor. It does not matter the depth of truth about such stories, but they are related to what has happened, what is happening, or what we expect to happen in our lives. We, as human beings, survive on motivation, inspiration, and encouragement to soldier on in our daily endeavors because life is what you make it. To make sense of the stories, we must relate them to some aspects of our lives. We might be living in narratives, yes, or might be defined by them because our lives are full of stories, stories of ourselves. In this case, we are better at telling stories about ourselves than anyone else.

Therefore, Bruner’s book, Making Stories: Law, Literature, Life reminds me of some of the decisions that I make based on some stories I know somewhere that were related to the same situation I am at a particular moment. We are naturally awarded different capabilities and strengths. This means that nobody has anything to tell about him or herself in terms of the achievements or what we aim to achieve. The picture of what we are or want to be is always very alive in our minds. Children or grown-ups, we all have dreams, dreams which in most cases, are like narratives. We create them to formulate the details of our lives. These dreams are like salt to our lives, according to Bruner’s book.

In education, the search for knowledge has discounted events in the mind of every scholar to future expectations in life. The art of learning is a very dynamic system, and every subject, topic, lesson or degree leads to some professionalism. In this case, students will always pass by imaginations, ideas or assumptions which are visualized in their minds. The information about what they perceive will be based on self-understanding. This is an example of a case whereby self-creation comes in. Self-creation in the narratives might not be accurate or realistic, but there will always be extreme points in our narratives about ourselves. Pride and positivity are full in what we create about us in our memory because nobody would want to be associated with failure.

In professions like law, the book acknowledge the fact that prosecutions and defending teams in a legal case may be upgraded to extents of new words that might posses different meanings and perceptions based on the idea of narratives. In medicines too, for the doctor or the clinical officer to actually learn and know how to treat their patients, they have to do that by the help of the narrative which will be given by their patients first which they will listen to. Narratives will therefore even affect our health and professions.

 Bruner’s book acknowledges the fact that humanity is weakened by falsehood and no good life can be made out of that. It affirms that every recall consciously comes with some changes and altered implications. Finally, the book summarizes that more recalling, and narrating about oneself will always drive you away from the truth and understanding of what you really are.

Work Cited

Bruner, Jerome S. Making Stories: Law, Literature, Life. Cambridge, Mass. [u.a.: Harvard Univ. Press, 2003 (25-61) Print.

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Health Care Law Discussion Board

Posted on | by Simon KN

Health Care Law Discussion Board

Answer the Discussion Board board questions in paragraph form and reply to at least 1 classmate. 

1.     What are the three branches of government? Why is it necessary to separate the government in this way?

2.     What are the three levels of the judiciary? And, what is the name of the highest court in the United States?

Health Care Law Discussion Board

1 reply in depth to a fellow classmate on the topics they select. (2 total posts per week) post 1 is worth 80points, peer reply is worth 20 points.

1) Your response should be in depth (3-4 paragraphs for the initial post and 2-3 paragraphs for follow up) to fully develop your answer. Defend your position with concrete examples from the weekly content and real-life cases, if applicable.

2) APA citation is required.

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

China’s New Women’s Protection Law

Posted on | by Simon KN

Policy analysis


China’s New Women’s Protection Law (focus on Eliminate gender discrimination in the hiring process)

Write 1800+ words

China’s New Women’s Protection Law

Part 1: Choose a policy to analyze.

Stage I – Describe the policy in detail.
Stage II – Identify the problem and review some of the literature; how is the problem framed
Stage III – Policy history, description, context [region],
Stage IV – Policy analysis using an intersectional policy framework approach. Identify strengths & weakness

Part 2: Recommendations
· Design policy recommendation(s)
· Outline the design using a feminist, intersectional approach
· What framing are you using of the issue? How does that inform your recommendations?

Analysis should be evidence-based using previous studies AND theory-based literature,

Should also include some examples of how the policy is designed and implemented in other contexts

Use the precepts that we have studied in class, including power relations, privilege, equality, and substantive representation, especially in decision-making and policy formation, etc.

For Stage IV, analyzing with the concepts of the attached files

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Local and State Law Enforcement

Posted on | by Simon KN

Local and State Law Enforcement

Anchorage is a municipality located in the South-Central region of Alaska, the largest state in America. It is located in a valley surrounded by mountains resulting in warmer temperatures than those experienced in other parts of the state. Anchorage municipality covers a landmass of approximately 1,704 square miles and an estimated population of 295, 570 people (“Anchorage Municipality,” 2012).  This municipality’s location makes it susceptible to numerous natural disasters such as earthquakes, tornadoes, volcanoes, and other extreme weather.  According to reports, the rates at which earthquakes can cause damage are higher in Anchorage than in the entire state of Alaska and the United States at large (“Anchorage AK,” 2012). In 1964, the worst-ever earthquake in the history of North America, known as the Good Friday earthquake, hit Anchorage (“Information on Anchorage,” 2009). In addition to the natural disasters, the municipality faces terror threats just like other parts of Alaska and greater America. For this reasons, it is imperative that a local plan is devised to deal with the looming dangers arising from natural disasters such as storms and volcanoes, as well as, terror attacks.

Local and State Law Enforcement

Local, State, federal, humanitarian, private, non-governmental and other actors can be involved in dealing with such calamities through an official agreement (“State of Alaska,” 2011). At the local level, the Anchorage police department, the fire department, local hospitals and Anchorage ambulance and rescue services (“State of Alaska,” 2011). At State level, the following departments should be involved; Office of the Governor, State Emergency Operations Center (SEOC), the Alaska Division of Homeland Security and Emergency Management (AKDHS&EM), Alaska Information and Analysis center (AKIAC), Alaska Earthquake information Center (AEIC) and the Alaska Volcano Observatory (AVO) (“State of Alaska,” 2011). At the federal level, Federal Emergency Management Agency (FEMA), Federal Bureau of Investigations (FBI), The U.S. Military, U.S. Coast guard, Alaskan Command (ALCOM), Center for Disease Control (CDC), National Warning Center (NWC), and National Weather Service (NWS) should be incorporated (“State of Alaska,” 2011). Contributions could also come from nongovernmental agencies and churches such as the American Red Cross and Salvation Army respectively.

These organizations are chosen based on their general roles and responsibilities.  These agencies are required to come together during terrorist or catastrophic events to pool their resources and increase their collective capacity to address any such event effectively and efficiently (“State of Alaska,” 2011). All the organizations as mentioned can deal with specific issues, for instance in case of a fire the fire department is best positioned to deal with this given their training and equipments used in their operations (“State of Alaska,” 2011). The functions of these organizations fall within different categories in line with their capacity such as Firefighting, communication, emergency management, transportation, public security and safety and search and rescue.

This agreement will not affect their current responsibilities and   will work if the capacities of the organization are streamlined. The agreement is just a plan on how to respond to disasters efficiently and effectively, and this is done by assigning roles to organizations, and these roles have to fall in line with their general responsibilities. The determination of the official communication channels through the plan will reduce and at times eliminate misunderstandings instead giving the organizations an opportunity to focus on their responsibilities.

The police department will substantially provide security to the affected areas. The police will also get involved in search and rescue operations; clear the streets and direct traffic and can also provide transportation (“Plan and Prepare for Disasters,” n.d.). The fire department is expected to contain cases of fire and evacuate people who are affected and those at proximity. They can also be involved in search and rescue and also provide transportation. The local hospitals are to provide facilitation for the treatment of the injured. The ambulance and rescue services are expected to provide speedy transport of the injured to hospitals and can also provide first aid or light medical assistance. The office of the Governor is expected to inform the public of events by declaring a state of emergency or disaster emergency. The SEOC is expected to coordinate and control information and communications. It is also tasked with determination of the alert level as communicated by other organizations.

The AKDHS&EM is expected to provide financial assistance in the affected areas (Reese, 2007). The AKIAC is expected to provide public information, communication, warning and alert notification. The AEIC is expected to provide public information, notifications, alerts and warnings particularly when it revolves around earthquakes (“Emergency Management,” n.d.). The AVO is expected to issue alerts on situations concerning volcanic activity and can also provide financial and administration services (“Natural Disasters,” 2008). The FEMA is expected to provide control and coordination within the federal level organization (“Disaster Recovery Centers,” 2003). The FBI is expected to carry out investigations to ascertain the true nature of the events in case of terrorism (“Terrorism Incident Law,” 2004) The Military is expected to provide security and evacuation procedures. They can also be involved in search and rescue procedures (“Building a Resilient Nation,” n.d.). The U.S Coast guard is expected to maintain security along the coast line and can also be involved in search and rescue operations.

The ALCOM is expected to provide information and communications revolving around the events of the catastrophe (“Building a Resilient Nation,” n.d.). The CDC is expected to carry out evacuation procedures around areas where there is an outbreak or threat of an outbreak of a disease. They will also be tasked with provision of medical services and financial and administration services. The NWC is expected to issue warnings on the situation to the wider public. The NWS is expected to provide the public with information concerning the weather and the impact it might have. The American Red Cross and Salvation Army are expected to deal with the humanitarian crisis that comes as a result of terrorist or catastrophic events.

One organization should be appointed the lead to ensure all the agencies speak in one voice and their commands or directives do not interfere or conflict with one another. The organization to be tasked with this responsibility should have different capacities, which are highly, developed to be appointed as the command or control centre (“State of Alaska,” 2011).  It will be best if this organization has space to work with representatives from all the other organizations within the plan to ensure smooth communications.

References

Anchorage, AK Natural Disasters and Weather Extremes. (n.d.). Retrieved from            http://www.usa.com/anchorage-ak-natural-disasters-extremes.htm

Anchorage Municipality. (2012). State and County Quick Facts. Retrieved from            http://quickfacts.census.gov/qfd/states/02/02020.html

Building a Resilient Nation. (n.d.). Retrieved from http://www.dhs.gov/building-resilient-nation

Disaster Recovery Centres. (2003). Retrieved from http://www.fema.gov/news-release/disaster    recovery-centers-anchorage-palmer-close

Emergency Management. (n.d.). Retrieved from            http://www.muni.org/Departments/OEM/EOC/Pages/default.aspx

Information on Anchorage. (2009). Retrieved from            http://www.washington.edu/medicine/som/depts/medex/applicants/trainin  sites_anchorage.tm

Natural Disasters. (2008). Retrieved from http://akcenter.org/climate-energy/effects-of-climate     change/cost-of-natural-disasters

Plan and Prepare for Disasters. (n.d.). Retrieved from http://www.dhs.gov/topic/plan-and-prepare disasters

Reese, S. (2007). State and Urban Area Homeland Security Plans and Exercises: Issues for the     110th            Congress. Retrieved from http://www.dtic.mil/cgi    bin/GetTRDoc?AD=ADA467265

State of Alaska Emergency Operations Plan. (2011). Retrieved from            http://www.akprepared.com/documents/State%20of%20Alaska%20Emergency%20Ope   ations%20Pla%202      11_12_22_2011.pdf

Terrorism Incident Law and Investigation Annex National Response Plan. (2004). Retrieved        from            http://www.learningservices.us/pdf/emergency/nrf/nrp_terrorismincidentlawenforcemen    annx.pdf

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

Descartes’ first and second arguments for dualism both appeal to the same principle: namely, Leibniz’s Law.

Posted on | by Simon KN

Descartes’ first and second arguments for dualism both appeal to the same principle: namely, Leibniz’s Law.

1. According to the Mind/Brain Identity Theory, do mentalistic terms like “belief” or “pain” compete with physical terms like “neuronal impulse” or “synaptic cleft”? Should we aim to preserve the use of both mental terms and physical terms? Why or why not? 

Descartes’ first and second arguments for dualism both appeal to the same principle: namely, Leibniz’s Law.

2. Reconstruct Descartes’ first argument for dualism. Is it valid? If not, why not? (Are the premises true? Is the conclusion true? Explain your answers.) 

3. Descartes’ first and second arguments for dualism both appeal to the same principle: namely, Leibniz’s Law. Will the same objection suffice to undermine both? If not, why not? 

4. What is a propositional attitude? Give three examples that aren’t discussed above. 

5. Consider the following set of propositions: (1) “Linda remembers receiving an autograph from Muhammad Ali.” (2) “Linda does not remember receiving an autograph from Cassius Clay.” • Do these propositions contain any reference to propositional attitudes? If so, which? • Do these propositions attribute any properties to objects? If so, which objects? • What conclusion, if any, can you derive from these two propositions? (Does it follow that Muhammad Ali and Cassius Clay are different people? 

6. Descartes says that he can conceive of himself being a disembodied spirit (that is, having a mind but not a body). What does conceiving of something mean? Does Descartes’ claim entail that it is possible for him to be a disembodied spirit? (See discussion of conceivability and possibility in Chapter 8.) 

7. Is a statue identical with the stone it is made of? Is an organism identical with the collection of cells in its body? Can Leibniz’s Law be used to show that either of these claims of identity is false? 

8. In the Sixth Meditation, Descartes argues that he is essentially a thinking thing. An essential property of a thing is a property that the thing must have if it is to exist. Could Descartes be deprived of thought and still be Descartes? Could Descartes have been born without the capacity of thought and still be Descartes? If Descartes can’t doubt that he thinks, is that enough to show that Descartes is essentially a thinking thing? 

9. It was suggested in this chapter that we understand causality best when there is a physical signal that passes from cause to effect (the electricity example). However, the fact that “absences” sometimes cause suggests that causality need not involve a physical signal. For example, suppose a patient dies because his doctor fails to give him medicine. There is no “physical signal” between the doctor and patient in this case, but there is causation. Does this point solve the objection to dualism that concerns the nature of causality?

10. Would the discovery of perfect correlations between certain mental events and physical events (say, between experiences of pain and c-fiber firings) be evidence against dualism? Why or why not? 

11. What are the two central arguments that advocates of the Mind/Brain Identity thesis typically appeal to when defending their position? 

12. Why might someone doubt that the Principle of Uniformity is a surefire guide to which theories we should pursue? Do you think this skepticism is well-founded, or is it just another example of philosophers’ penchant for “radical doubt”? 

13. Suppose we observe a perfect correlation between some mental property (like feeling pain) and some physical property (like having one’s c-fibers fire). Apply the Surprise Principle (Chapter 3) to see whether this observation strongly favors the identity theory over dualism. 

14.In the passage from Principles of Natural Philosophy quoted in this chapter, Newton defends the Principle of Parsimony by saying that “Nature does nothing in vain.” Is this idea consistent with what we now know about natural selection (Chapter 6)? 

15. The Principle of Parsimony is often thought to be relevant to the question of whether God exists. Formulate and evaluate an argument for atheism that makes use of this principle. 

16. On the companion website, the psychologist U. T. Place defends the identity theory, but does not mention the Principle of Parsimony. He does so by describing a situation in which the correlation between two events justifies the conclusion that the two are identical. Evaluate Place’s argument.

17. What would it mean for something to be a first cause without being God? What would it mean for something to necessarily exist without being God 

18. Aquinas seems to commit the Birthday Fallacy when he argues that, if every natural event has a cause, then there must be one “first cause.” Why is this line of reasoning fallacious? Can you think of another example of the Birthday Fallacy? 

19. Why does Aquinas think that it is “inconceivable” that the world is infinitely old? Do you think his argument is plausible? Why or why not? 

20. Why, if at all, do you think it might be helpful to reflect on unsuccessful arguments for the existence of God? Explain your answer. 

21. Which of the four arguments discussed above do you find most convincing? Why? Problems for Further Thought 

1 I formulated Aquinas’s proofs by having him talk about objects that exist in “nature” (in “the natural world”). What does “nature” include? Does it include just the things we can see or hear or touch or taste or smell? 

2 In discussing Aquinas’s third proof, I talked about Charlie the atom as an example of a thing that is both eternal and contingent. Could something exist that is both necessary and noneternal? It would exist at some time in each possible world, though it would not exist at all times in the actual world. Can you give an example of such a thing? 

3 I criticized Aquinas’s third argument by discussing numbers, which I claimed exist necessarily. Can the argument be reformulated so that this objection no longer applies? 

4 I criticized Aquinas’s fourth argument by discussing “maximum stupidity.” Can Aquinas reply to this objection by claiming that stupidity is just the absence of intelligence?

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

The general view about a law case summary and the shortcomings and possible suggestions

Posted on | by Simon KN

The general view about a law case summary and the shortcomings and possible suggestions

Course Work 1 case summary and report

Thesis 

This paper entails a report that outlines the general view about a law case summary and the shortcomings and possible suggestions on the best ways of improving the piece. The paper also involves rewriting the same summery in order to get rid of the available errors as a way of ensuring that the decisions are clearly explained.  The final decision by the court would then be established after correcting the summery mistakes. 

Case Summery Report 

Overview         

This section entails a brief report about a general view of the court summery including the shortcomings, errors, and suggestions for possible improvements. The summery presents a court case on assisted murder. The summery has a number of mistakes that lead to reduced clarity. There are errors associated with grammar mistakes such as wrongly spelt words, unclear phrases, wrong punctuations, and wrong use of words. The summery does not consider the use of law or court language. Again, it is a bit unclear on the court ruling given that the summery only indicate five court ruling without any informed conclusion. 

Grammar Errors 

A number of words are wrongly spelt or their use brings unintended meaning. Misspelled words include euthanasia, in the first paragraph,  defense in the second paragraph,  parliament in the third paragraph, un-proportionate in the fourth paragraph, forcibility, Switzerland, and foresee in paragraph  six.  The word “weather” is used in paragraphs two and four to imply “whether.”

Unclear Phrases/Sentences and wrong punctuations

            The summery has some unclear phrases and sentences whose usage makes it difficult to understand the summery. A phrase like, “The applicants were really badly disabled,” is incorrect since it uses two adverbs to show the degree of disability. At most one adverb had to be used. A case like, “So what the Court had to decide was whether there was…,” is not clear in terms of whether the court was supposed to do so or it was exactly what the court did. The sentence should be, “The Court decided on whether there was…,” The summery has other related cases of poor sentence structures, and poor punctuations (Summary of R. V. Nicholson , 2013). 

Use of Law Language 

            The summery depicts a court case but makes use of only a few words that create an impression of a court ruling. Instead of using words like “brought” to imply the case opening, the words, “…presented before the court…,” could have been used. The summery also avoids the use of court case word such as plaintiffs, defendants, accused, prosecutor, charge, and offense among others. Such worlds bring in a court mood. Again, there is no conclusion on the court ruling. The court only breaks the case into five offenses but there is no aspects like a conclusion on the charges placed on the offenders. Corrections to such mistakes would make the summery clear and more understandable. 

Case Summery of RV Nicholson 

            The case was presented before the Court of Appeal on July 31, 2013 by Nicholson alongside other plaintiffs. This happened after a decision about assisted suicide case and euthanasia was made by the European Court of Justice. In the case, it was claimed that the applicants were completely disabled and thus they could hardly commit suicide without assistance. The case was ruled under Section 2 of the Suicide Act 2010, which says that it is unlawful to assist a person in committing suicide. Based on the Act, it was held that the accused (the assistants of the suicides) were guilty of murder. Again, the FPP provided orders on when the accused would be prosecuted. Such an advice was provided with respect to the Purdy v United Kingdom case of 2010. AC45.  

            The court ruling was open for the accused to defend themselves by clarifying their defense side. The court wanted clarifications on whether there were any defense attempts by the disabled individuals. The court further held that the accused did not observe Article 8 of Human Rights Act 1950. This article 8 of this act fully protects people’s privacy. According to the Act, the court had to decide on whether the DPPP had to point out greater details on the reason behind his discretion when issuing prosecution on assisted murder. The European Court of Human Rights decided on not giving the requested declaration since it was hardly the law court’s obligation to make such decision. Judge Lord did not support this ruling. The parliament was thus suggested as the rightful body to do it. The issue was very controversial for court ruling. The decision of the court to withdraw from the decision was supported by the case of Bland. The court strengthened that the right to life essential in common law as well as under the European Act. This was carried through the claim that there is no right in committing suicide but the only problem is that people are never prosecuted after committing suicide. Any person defending the assistants has to apply to both euthanasia and assisted suicide. The parliament had however declared assisted suicide as a serious crime leading to an imprisonment period of not more than 14 year. 

            Banning of the blankets was however found to be a lawful action and never breached Article 8, an implication that the court was bound, although it could still have to establish whether banning blankets was proportional to article 8. This case was based on the Human Rights Act 1950, which created enforceable domestic rights to domestic courts. In contrast, it is hardly possible for the domestic courts to initiate the creation of rights over the European Courts since this could oppose the parliamentary will as well as the 1961 Acts. It was thus held the current blankets were covered in Article 8 of the Human Rights Act 1950 and thus the DPPP should not have been required to detest the case. 

The DPP policy should not have been accessible or forcible such that any suicide assistance would involve foreseeing the consequences of providing the assistance. The policy was insufficient and unclear to be applied by healthcare practitioners since healthcare professionals need to know waiting time of the DP before they are assisted and ensure that they care for them accordingly. The court finished the ruling by holding that there were no weight given to family relationships in the policy. The policy was very clear that anyone assisting the victims to commit suicide could be prosecuted. The court thus found the assistants guilty of their charges and deserved the necessary prosecutions.

Bibliography

Summary of R. V. Nicholson (Court of Appeal July 31 , 2013).

 

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now

The Gun Law Debate

Posted on | by Simon KN

The Gun Law Debate

In the event of a tragedy with national impact people are often divided in proposing solutions. A recent tragedies like the Connecticut School shooting at Sandy Hook’s Elementary is one such incident when the a rift was evident in the nation approach to social ills. This incident once again provoked debates on the gun seizure law. Gun seizure from individuals deemed mentally incapacitated has been proposed by the liberals as the best way to deal with this nature of crime. The issue of restricting use, access or possession of firearms is one of the issues where emotions rather than logic has prevailed in deliberating on how to minimize the harm caused by these weapons. The debate has mainly focused on whether such legislations amount to infringement on individual rights to possess firearms. It has also led to questioning of whether there exists a correlation between crime and guns. Those opposing such restrictions have been of the opinion that individuals possessing firearms are able to defend themselves and that permitting people to own arms would result in safer communities. There is need to reconcile these two opposing sides by avoiding the pitfalls of interpersonal communication Rogers proposes. This is having a third party opinion that is not evaluative, judgmental, or which is neither to approve nor disapprove. This can only happen by paying attention to the genuine concerns raised by debaters on either sides. 

Those proposing more gun control are of the opinion that this will reduce the rate of crime. In support of their argument these advocates suggest that there is a correlation between prevalence of arms and frequency of violent crimes. These legislations proposes the types of firearms that ought to be purchased, stipulates the qualification those intending to own arms must possess, and they also limit the use and storage of firearms. These advocates are of the opinion that with less number of firearms the number of crimes will also be minimal. It is, therefore, assumed that possession of certain types of firearms especially handguns has a close correlation with prevalence of use of guns in committing crimes. Accordingly, when the rate of crimes goes high, it is common to have more people calling for gun control legislations (Moorhouse & Wanner 103). 

It is understandable when advocates of gun control infer to the close link between the recent tragedies like Connecticut and accessibility of firearms. United States is the home to 5 percent of the total population in the world, but almost half of the global firearms reside in it. As a result, it is understandable for the advocates of the gun control legislation to presume that with getting a gun being so easy in U.S, such incidences as Connecticut are inevitable. The call for stricter measures for possession of firearms is thus seen as deliberate efforts by American to avert consequences of gun proliferation. Gun control laws are even common when the type of firearm being reviewed has a high-capacity magazine. With this type of magazine it is presumed that the number of people that the gun can kill is also going to be higher and therefore, there are enough reasons to control possession of such guns (Collier 81). 

However, as Domeneech notes there is no piece of legislation in America that is likely to take away the tendency to harm innocent life from the mentally retarded person (26). The irrational person or mentally retarded are not likely to respond to threat in form of legal consequences or any other rational signal. This is even likely to urge them on. There is a lot of suspicion also among the public that gun control legislation can indeed prevent calamities like what happened at Sandy Hook’s elementary. 

Moorhouse & Wanner conducted an empirical investigation to ascertain the efficacy of gun control in reducing crime rate. The study employed data from District of Columbia and other state to understand the impact of gun control legislation on levels of crime and the way prevailing rates of crimes influence legislations of guns. Their empirical evidence did not ascertain that the so called correlation between reduction of crime rates and gun control does exist. Their alternative hypothesis, which was that relaxed gun control policy in adjacent states lowers effectiveness of the state gun control legislations, was also dispelled.  In contrast, their work suggests that when the rate of crimes increases, the political support in favor of greater gun control measures is generated. Kates’ & Mauser on the other hand, argues that though international comparisons and evidence have been cited before to support the claim that more guns results in more deaths, and fewer deaths results from fewer guns, most of these debates have been characterized by factual errors and misconception leading into unrepresentative comparisons (650) . 

Accordingly contrary to the belief that access to arms is easiest in U.S as compared to other industrialized nations, this is only substantially true ((Kates’ & Mauser 650). Moreover it is also false to claim that U.S has the highest murder rates and it is uncommon to find high murder rates in nations where the per capita rate of guns is higher. This shows that it is wrong to think or assume that having more guns would make people intend to kill more when they experience emotions such as anger (Moorhouse & Wanner 666). Again, contrary to the assertions by proponents of gun control that most of the homicides taking place are committed by law abiding citizens who use firearms in their possession to commit crime, it is established that majority of the homicide cases involves individual with history of psychopathology, violence, substance abuse, and other harmful behavior. Majority of criminals involved in violence cases where life was endangered are person with past criminal record and have in one way or the other came into contact with the justice system. On average 15 percent of American have a history of being arrested, but 90 percent of adult murderers have a record of committing crime in their adulthood. The great number, about 80 percent or more, of person involved in murder, are people who have previously as adults been arrested by police. In Atlanta in 1997, 80 percent of arrests made were drug related, where 70 percent of them were persons with 3 or more cases of drug abuse in the past. Again, in 2003 to 2005, in the State of New York, the New York Times undertook a study of 1,662 murders and established that 90 percent of the murderess had past criminal records (Kates’ & Mauser 667). This list is endless and there is compelling evidence that most of the crimes are committed by individual with a history of committing criminal activities.

In 1996, the statistics indicated that more than 242 millions firearms were either available for purchase or in the hands of private owners. Out of this, 72 million were handguns such as revolvers, pistols and derringers. In 2000, the number had escalated to 259 million, with 82 million being handguns. In 2007, the numbers rose to 294 and 106 million respectively. However, the number of deaths caused by firearms and non-negligent manslaughter in every 100,000 people decreased between 1993 and 2000 from 6.6 to 3.6. The number remained the same in 2001, but increased to 3.9 between 2006 and 2007 and went down to 3.2 by 2010 (‘Gun Control Overview’4). These statistics reveals that though the number of guns in private hands escalated, the rate of increase did not result in a similar increase in the number of homicides. Therefore, guns control unlike what proponents of such policies presume, do not result in reduced rate of homicides. 

The primary reason why gun control measures have been advocated for is the increased rate of crimes committed by persons with mental problems. For instance, on July 20, 2012 James Holmes threw hissing canisters in Aurora, Colorado and started to shoot moviegoers causing injury to 58 and killing 12. Following the incident, President Obama called for better enforcement of the gun laws and advised that guns should be kept out of person with mental problems. Holmes possessed his gun legally, but before the shooting he was seeing a psychiatrist (Vars & Young1). This incident highlights one of the areas that possession of firearms is prohibited. The Supreme Court ruling in the case of District of Columbia v. Heller held that it is prohibited for mentally ill persons and felons to possess firearms (Vernick 84). Therefore, though the Second Amendment provides Americans with an inherent right to possess firearms, the court ruled mentally ill do not qualify probably because it weighed the health implications of giving them such rights. 

The history of Second Amendment which accords all Americans the right to possess firearms goes back to 1791. In this period American wanted to appear different from the European’s who kept their subjects unarmed to exercise greater control over them. James Madison in drafting the amendment also wanted to maintain the states’ rights declarations, which presumed people had a right to protect own arms for their own protection and that of the state (Sterzer 174). Therefore, a lot of influences led to the drafting of the second amendment. The most important factor to understand in considering the second amendment is that the constitution gave citizens the right to possess arms in order to keep the government power in check (Sterzer 176). Change in gun regulation only began in 1911 by adoption of Sullivan Act. This regulation required all firearms that could be hidden to be registered. It was followed by another regulation by federal government in 1919 requiring taxation of guns during purchase. In subsequent years the federal government developed stricter regulations of private guns, especially because firearms were being used by gangsters to kill innocent people in the street. 

Gun control has not just developed out of political motives. In contrast, in certain areas lawmakers have had a lot of challenge in interpreting the constitution. Advocates of the mentally ill possession of firearms have felt that gun control measures infringe on their constitutional right. This group of people is also a part of American citizenry, and therefore, entitled to rights granted by the constitution. However, there is also a desire to safeguard the citizens from the harm these individuals can cause to the public by acting violently. As a result, contrary to the belief by the mentally ill supporters, gun control laws partly develop to cut a balance between these opposing goals (Sterzer 178). Although society recognizes mentally ill persons have fundamental rights granted by the constitution, in terms of gun control recent tragedies like that of Holmes supports legislation banning mentally ill from enjoying the firearms right.

Conclusion

The debate of gun is one of the most divisive issues in America today. Americans have been swayed to either side of the debate by proponents of the different opinions. Some of the misconceptions proposed in support of more gun control include that lesser guns would lead to lesser crime. Though there seems to be no empirical evidence to support this claim, some proponents of gun control have backed their opinion with this mantra. On the other hand, opponents have cited the constitution right in advocating for private ownership of guns. This essay has clearly highlighted that both sides of the debate have a clear line of argument. It has highlighted the opinions of both proponents and opponents of gun control. The two sides in the debate are mostly divided because none of the two sides is keen to understand the concerns of the other. Rogers argues that it is possible to bring two opposing sides into agreement if parties involved can take time to listen at what the other participants say. Groups representing the mentally ill for instance, have taken the opposing side in the debate. In so doing, they ignore the genuine concerns of the proponents who have been compelled by the recent tragedies where mentally ill persons have used guns to take lives of innocent people. 

Works Cited

Collier, Charles W. Gun Control in America: An Autopsy Report. Dissent, 60.3, (2013): p 81-86. Print.

Vars, Fredrick E. & Young, Amanda Adcock. Do The Mentally Ill Have A Right to Bear Arms? Wake Forest Law Review, 48, (2013): Print.

Vernick, Jon S. Carrying Guns in Public: Legal and Public Health Implications. Journal of Law, Medicine & Ethics, (2012). Print.

Sterzer, J. The Good, The Bad and the Ugly A 50-State Survey Exploring Federal and State Firearm Regulations Related to Mental Health. The Journal of Legal Medicine, 33, (2012): 171-199. Print.

Kates, Don B. & Mauser, Gary. Would banning Firearms Reduce Murder and Suicide. Harvard journal of Law & Public Policy, 30.2, (2007): 649-694. Print.

Moorhouse, John C. & Wanner, Brent. Does Gun control Reduce Crime or Does Crime Increase Gun Control? Cato Journal, 26.1, (2006): 103-124. 

Domenech, Benjamin. The Truth about Mass Shooting and Gun Control. Commentary, (Feb 2013). Print. 

‘ Gun Control Overview’. Congressional Digest, 92.3 (2013): p3-7. 

 

 

 

                                                                                                            

Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount

Order your Paper Now