Abstract This paper examines the U.S. Patriot Act, which was passed in the wake of the 9/11 terrorist attacks. The paper discusses exactly what the implications are in the implementation of this act should another terrorist event such as 9/11 occur. The paper contends that, while the onset of the act was to protect America from terrorist attacks, among other safeguards, the aftermath of the enactment has presented a myriad of controversies. These controversies are outlined in the paper.
From the Paper "Restrictive laws have been passed at crucial times in the history of the United States before the passing of the USA Patriot Act. Although the laws within this Act are intrusive upon the privacy of United States Citizens, there are those who do not mind the restrictiveness of the Act in exchange for safety. This is understandable to a certain extent however one must keep in mind that the Constitutional rights vested in each individual in the United States has been tread upon to a great extent by the USA Patriot Act."
Abstract This paper provides an overview of the Second Amendment and gun control in the United States. The paper presents arguments in support of more sensible gun control legislation. An assessment of current and future trends is followed by a summary of the research in the conclusion.
From the Paper "It is also important to point out that when the Second Amendment was enacted, the militia represented the state's exclusive instrument of armed force. "Police forces did not exist until the early nineteenth century" (Bogus 486). The ASA also notes that after the Civil War debates in Congress regarding the nature of citizenship affirmed the need to protect the individual right of African Americans in the South to keep and bear arms for self-defense. Today, ASA argues that the individual right to keep and bear arms guaranteed in the Second Amendment is not absolute, just like the First Amendment rights of freedom of speech and assembly. "Unlike some other gun rights organizations, ASA believes reasonable people may have genuine differences of opinion regarding the application of the right of gun ownership, thus leaving the door open for "sensible gun laws" that are constitutional" (Cutter 2)."
Abstract This paper argues that the death penalty is a barbaric practice that all too often results in the execution of the innocent. The paper uses arguments based on the U.S. Constitution, recent legal rulings, and examples of other countries to make its point that capital punishment should be banished.
From the Paper "Haag, as others believe that due to the finality of the death penalty, it is more feared than imprisonment, and thus deters some prospective murderers who would not be deterred by the thought of imprisonment (Haag pp). Therefore, if the death penalty practice deters even a few murders and spares the life of even one victim, then it is justified and a value to society (Haag pp).
According to Haag, punishment, regardless of motivation, "is not intended to revenge, offset or compensate for the victim's suffering, or to be measured by it, but is to vindicate the law and the social order undermined by the crime" (Haag pp). This, says Haag, is why a kidnapper's imprisonment is not limited to the period for which he imprisoned his victim, nor is a burglar's confinement meant to offset the suffering and harm he caused his victim nor offset the advantage he gained."
Abstract This paper explains that, in general, eyewitnesses are less accurate because the eyewitness can make mistakes from the time a crime occurs, through the investigation, during lineup identification, and even on the witness stand. The author points out examples in which eyewitness identification was racially biased. The paper concludes that, although racial bias can interfere with eyewitness identification, there are circumstances in which it does not; therefore, it is important that eyewitness testimony not be stricken from the courtroom, but the procedures by which it is permissible ought to be made more stringent.
From the Paper "Mistaken identification can help to put innocent people in prison. In a 2000 study of seventy-four wrongful conviction cases, 81 percent were due (at least in part) to mistaken identification. Mistaken identification can be caused by the factors discussed in the preceding paragraph, but it can also be caused by cross-racial identification. This problem is called "racial skew". Racial skew was the cause of the wrongful conviction of Johnny Frederick and David Keaton in Florida in 1971."
Abstract This paper examines how, if the legal drinking age was lowered, it would have a great effect on the American society. It contends that alcoholism would drop greatly due to the better awareness young adults would have about alcohol and therefore the crime rate would drop, helping to raise the moral values of the United States. Another indirect effect would be the huge increase in sale of liquor stores.
From the Paper "Alcohol abuse is a major issue in the United States. Fourteen million American adults, or seven point four percent of the population, are estimated to be an alcoholic. Alcoholism starts at an early age when teenagers start to drink (Academic American Encyclopedia, 1998). By prohibiting young people to purchase alcohol, it creates the idea that drinking is for adults. Teenagers yearning to be adults start to drink. With twenty-one being the legal drinking age, teenagers have to hide their drinking from police and parents. With a devious attitude, it doesn't encourage responsible drinking, so when they get the chance, there is more of a "let's make up for lost time" attitude (Febuary 1996)."
Abstract The EEOC was established by Title VII of the Civil Rights Act of 1964 and enforces federal statutes such as discrimination based on race, color, religion, sex or national origin. The civil litigation process starts at the state level and through a series of appeals, can move all the way to the Supreme Court level. This paper discusses the process and the steps that are followed to pursue a claim.
From the Paper "The EEOC enforces statutes based on Age Discrimination, the Equal Pay Act, Americans with Disabilities Act, and established the Civil Rights Act of 1991; which provides monetary damages in cases of intentional discrimination. Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC. After investigating the charge, the EEOC determines if there is "reasonable cause" to believe discrimination has occurred. If "reasonable cause" is found, the EEOC attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court. As part of the administrative process, the EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing the charging party to file an individual action in court without the Agency's involvement (EEOC)."
This in-depth paper analyzes the issue of discrimination in the workplace, while supplying a comprehensive evaluation to key issues relevant to this topic.
Abstract The writer of this well-researched paper contends and explains why discrimination in the workforce is a growing problem that has affected thousands of organizations, large and small operating in today's global marketplace. This paper defines discrimination in the workplace as any type of behavior, action, belief, value or attitude that impacts another individual in a negative manner, that is based on one's racial identity, gender, sex, disability status, age or some other personal factor. This paper cites the many laws and acts that have been enacted to protect individuals from various forms discrimination. The most basic law that protects employees from discrimination on the job is Title VII of the Civil Rights Act of 1964, which prohibits job discrimination on the basis of race, skin color, age, gender, religious belief or national origin. The paper also details the impact of affirmative action in the workplace. Depending on the organization, affirmative action is necessary in an environment where one population or subgroup of people has been continually underrepresented or disadvantaged. This paper analyzes the impact these laws have on human resource departments. Human resource departments have an obligation under the law to inform all employees of their legal rights relating to discrimination in the workplace.
Table of Contents:
Introduction
Discrimination
Discrimination Laws
Affirmative Action in the Workplace
Human Resources and Discrimination
Conclusions/Recommendations
References
From the Paper "Affirmative action may be necessary in an employment environment where one population or subgroup of people has been continually underrepresented or disadvantaged. It truly depends on the organization. It can be a means of protecting certain classes or groups of people and ensuring that everyone in the workplace is afforded the same access to employment and the same employment opportunities. It is not designed to be a form of reverse discrimination. There is adequate evidence suggesting that discrimination still exists in the workplace. Until discrimination is completely abolished and is no longer an issue, a need for affirmative action programs and other programs geared toward eliminating inequities continues."
Abstract This paper explains that plea bargain is primarily a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to a crime in return for benefits such as the reduction of the severity or dismissal of the charges. The author points out that plea bargaining has become so pervasive because it is an out of court settlement, which helps reduce the high volume of cases facing the judicial system, provides a win-win scenario for both the prosecutor and the defendant's attorney and obtains the defendant's willingness to testify for the prosecution in other associated cases. The paper relates that the negative side to plea-bargaining includes (1) overcharging the defendant, (2) forcing an innocent person to confess to a crime that he or she has never committed, (3) allowing confirmed convicts to get their punishment reduced or even get out of jail and (4) forfeiting an individual's Constitutional rights, which is a danger to the society as a whole.
Table of Contents
What is Plea Bargaining?
Authorization and Procedure of Plea Bargaining
Rules Regarding the Breach of Plea Agreement
Why is Plea Bargaining so Pervasive in our Society?
Benefits of Plea Bargaining
Disadvantages of Plea Bargaining
Conclusion
From the Paper "In most cases, judges do authorize a plea bargain if the defendant makes a knowing and voluntary waiver of his or her right to a trial, the defendant understands the charges, the defendant understands the maximum sentence he or she could receive after pleading guilty, and the defendant makes a voluntary confession, in court, to the alleged crime. Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea agreement if the charge or charges have no factual basis. It is also highlighted here that the judge does not play any part in the plea bargain discussions between the defendant's attorney and the prosecutor. Moreover, the prosecutors have discretion whether to offer a plea bargain or not. However, a prosecutor should not discriminate in making or accepting an offer of plea bargain based on an unjustifiable standard such as race, religion, or some other arbitrary classification."
Abstract The writer of this informative paper defines and explains the concerns and goals of the Occupational Safety and Health Act of 1970 (OSHA) which is applicable to all employers and their employees in the U.S. as well as the District of Columbia and Puerto Rico. This paper analyzes the Federal OSHA standards which are categorized into four main groups comprised of general industry, construction, maritime and agriculture. This paper examines those individuals and industries which are exempt from OSHA's requirements and regulations including self-employed individuals and farms which employ only family members of the actual owner. This paper details the various conditions employers must adhere to when complying with OSHA's standards and regulations. The writer contends that the adherence to the standards may incorporate ensuring that employees are supplied with the necessary safeguards and tools to guarantee their personal safety and health. This paper also delves into the legal rights of both the employer and employee in matters pertaining to OSHA.
From the Paper "The Federal OSHA standards are categorized into four major groups such as general industry, construction, maritime and agriculture while some standards are particular to just one category others are applicable across industries. The regulation necessitates the employer to grant the employee access to any medical records the employer maintains with regard to that employee, incorporating any records about the exposure of employees to toxic substances. The standard of personal protective equipment requires the employers to extend the employees with personal equipment devised to safeguard them against some hazards. The equipment can extend from safeguarded helmets to avoid head injuries in construction and cargo transportation work, to protect the eyes, safeguard the hearing capabilities etc. The California Legislature enacted the California Occupational Safety and Health Act of 1973 in order to ensure the workers safe and healthy working environment for all Californian working men and women."
Abstract This paper looks at overcriminalization, particularly with regards to laws concerning moral issues which rightly should only concern the people involved and not the law. It looks at both the state and federal systems, and at old statutes that are still on the books, and used in some cases but not others, showing the system to be unjust.
From the Paper "Overcriminalization is destructive to the Criminal Justice System, tying up courts judges police and other law enforcement personnel and draining state and federal budgets. Many laws still exist on the books that are no longer relevant and many ..."
Tags: overcriminalization, morality, federal statutes
Abstract This paper presents a review of probation administration in the United States, looking at probation as a form of criminal sentencing and its history. The paper looks at criticisms and positive attributes of the probation system of punishment.
From the Paper "Probation is the most common form of criminal sentencing in the United States. It is generally defined as a court-ordered disposition alternative through which a convicted offender is placed under the supervision and control of a probation officer ..."
Abstract This paper evaluates the case of Andrea Yates and whether it meets the standards of the insanity defense under Texas law. The paper theoretically applies the insanity defense to various standards.
From the Paper "Under the current Texas law it is highly unlikely that Andrea Yates would meet the requirements for an insanity plea. The facts of the case show that Andrea Yates was mentally ill during the period of and leading up to her commission of the murders. It was also shown that the mental illness severely impaired her judgment and perceptions of reality. However Yates' state of mind during the commission of the crime still does not fall under the narrow parameters the ..."
Tags: Texas Insanity Defense, Andrea Yates, Mental Illness
Abstract The paper discusses how modern nursing legislation has been proposed to Congress that would address serious concerns in the nursing profession. These concerns have a direct affect on every individual that utilizes health care today. The paper further discusses how Clark and Clark contend that nurses in the twenty-first century are commonly having to work extended overtime hours to meet the nursing shortage, as well as contend with low wages, and insufficient working conditions. The paper describes how, because nurses are forced into positions of care that can result in medical errors to patients, many nurses are therefore leaving the profession. The paper analyzes how the Quality of Nursing Care Act of 2004, and the Safe Nursing and Patient Care Act of 2005 were introduced as legislation in the United States Congress to address these issues.
Abstract Plea bargains are a form of negotiation used in many legal systems around the world. In general, a plea bargain is reached via an informal process of negotiation, in the course of which the prosecutor and the defense counsel reach an out-of-court settlement. Using plea bargaining has become an accepted practice in both Canada and North America, as well as in many other countries. However, just because it has become commonplace does not necessarily imply that it is right. This paper begins by describing the system of plea bargaining and then goes on to present arguments against such a system.
Abstract The question of an employee's right to privacy in the issue of drug testing presents a dilemma for employers in terms of the correct action to take in this regard. This essay critically examines this question, and argues the thesis that although ethical principles support employer's right to test in numerous cases, legal requirements constrain this right. The paper contends that the result is an ethical, legal and practical minefield for management. In this context, this essay recommends that a utilitarian perspective offers the best single ethical and legal guide to follow in this question.
