Wednesday, July 31, 2019
Pupils Welfare And Academic Attainment Education Essay
Pastoral attention, or as it is known in an educational scene as Personal, Social, Health and Economic instruction or PSHE, has been under much argument and examination in the last decennary or so. The discourse environing this country of instruction is about how of import it is and if it has a topographic point within or alongside the National Curriculum. There are inquiries about the relevancy PSHE plays within schools and whether it is 2nd to the more academic based topics, and if it is in fact an country that needs to be included who is tasked with the occupation of presenting it? The chief publications I will be utilizing to discourse the inquiry are, Positions on Pastoral Care ; Pastoral Care and Personal Social Education: Entitlement and Provision ; Problems and Practice of Pastoral Care ; How to be a Successful Form Tutor ; The Pastoral and the Academic. Additionally to these I will be doing usage of articles, electronic stuff and an review study by Ofsted into PSHE. Pastoral attention and personal-social instruction can be found to arise before the Education Act was formed in 1944 and some grounds day of the months as far back as the last century. Although it was non until the 1970s, and shortly after critics, that publications about pastoral attention began to emerge in print, so it can safely be said that PSHE and pastoral attention has existed alongside instruction for a piece, ( Best et al, 1995 ) . A diffused construct from the general consensus for a sensible definition of PSHE is ; ââ¬Å" Personal, societal, wellness and economic ( PSHE ) instruction is a planned programme of larning chances and experiences that help kids and immature people grow and develop as persons and as members of households and of societal and economic communities â⬠.[ 1 ] ( PSHE Education, ND ) When it comes to pastoral attention a phrase which is going progressively used is ââ¬Ëthe concealed course of study ââ¬Ë , a phrase that defines a side consequence of larning which is non intentionally intended. The expostulation to this is that no portion of the course of study should be ââ¬Ëhidden ââ¬Ë , for merely if it is openly defined can at that place be a plausible and incorporate structured programme of PSHE within schools, ( Marland & A ; Rogers, 2004, p.20 ) . An interesting point raised by Keith Blackburn that can associate to the ââ¬Ëhidden course of study ââ¬Ë is that each member of the teaching staff, non merely the signifier coach, contributes in assorted ways to countries focused on the PSHE lessons, something I will turn to subsequently in this reappraisal ( Blackburn cited in Best et Al, 1980 p.58 ) . Overall, it is clear in some countries that there are values based on PSHE within schools and it is seen as an indispensable facet of ââ¬Ëwhole s chool ââ¬Ë ethos, furthering a safe and unafraid environment where kids are able to larn. So, from my initial readings it seems that the function of the signifier coach is to better the overall well-being of the student with the purpose of it holding a positive impact on the remainder of their instruction. With this general background in head we can get down to discourse how the place held by the pastoral carer/form coach is important to pupils ââ¬Ë public assistance and academic attainment. The signifier coach can hold many functions within a school, he/she are the first grownup students will run into in the forenoon and he/she have more contact clip with each student in comparing to their capable instructors. As a instructor he/she is at that place to supply support and counsel, every bit good as being a function theoretical account to whom their students can look up to. Dillon and Maguire acknowledge this in their book Becoming a Teacher, and so travel on to state ââ¬Å" merely being there is an of import factor, supplying students with what might be the lone point of security in the instance of those with helter-skelter lives â⬠, ( Dillon & A ; Maguire, 2011, p.371 ) . In turn toing the point made by Blackburn brought up earlier in this treatment, subjects teacher can lend to countries focused on by the chief pastoral carer. Then once more their chief aim is to learn their course of study topic, unlike the signifier coach, they would non follow with a structur ed programme that students will profit from within PSHE lessons. Furthermore, while it is the responsibility of the signifier coach to advance ââ¬Ëpersonal development ââ¬Ë , Blackburn besides insists the signifier coach has to understand the manner each student sees himself in order to lend to his farther apprehension and penetration â⬠, ( Blackburn, cited in Best et Al, 1980, p.58 ) . This support of a signifier coach can be a great aid during the adolescent phase of a student ââ¬Ës life as Watkins ( 1981 ) explains that one of the chief country of the signifier coach ââ¬Ës function will be to see is merely that ââ¬Ëadolescence ââ¬Ë . A slippery clip for a student as they are trying to develop their ain individuality and where they fit within the larger community. Watkins puts it as ââ¬Å" striplings are continuously involved in experimenting with their self-presentation and judging the reactions thereto â⬠, ( Watkins, ND, cited in Hamblin, 1981, p.22 ) . During his calling Douglas Hamblin ( 1981 ) had become progressively cognizant of schools where the pastoral system was under-functioning and doing small direct part to the attainment of the ââ¬Ëwhole schools ââ¬Ë ethos. He seems to admit that instructors were non the 1s to fault, the job stemmed from uneffective pastoral attention caused by a hapless deficiency of structured programmes from which carers could present utile lessons, ( Hamblin, 1981, p.3 ) . Fortunately, varied lineations of learning standards in these PSHE lessons can be found in many publications, in add-on necessary qualities in being a successful signifier coach can be besides be found. One peculiar publication which discusses both would be How to be a successful Form Tutor, by Marland & A ; Rogers, ( 2004 ) in which they describe that ââ¬Å" a signifier coach is a instructor whose topic is the student herself â⬠, ( Marland & A ; Rogers, 2004, p.19 ) . The suggestion here is that each student ââ¬Ës ââ¬Ëpersonal development ââ¬Ë , addressed by Blackburn before, is different and they should hold their ain single acquisition program to assist them come on. Marland and Rogers so travel on to compose about a theoretical account that focuses on seven countries of personal-social growing drawn upon by Richard Pring ; these include rational and moral virtuousnesss, character traits, societal competences, practical and theoretical cognition and personal values, ( Pring, 1984, cited in Marland & A ; Rogers, 2004 p.22-4 ) .These countries described here can help in the betterment of both the public assistance of students and their overall academic accomplishment ; or as Calvert expresses it, ââ¬Å" issues of emotional intelligence were cardinal to larning and non merely concerned with go toing to the public assistance of the kid â⬠, ( Calvert, 2009, p. 274 ) . In 1980 there was a ââ¬ËGreat Debate ââ¬Ë of instruction looking into the constitution of a more purposeful course of study ; the topic of pastoral attention was mistily addressed but non much was done about the ââ¬Å" luxuriant and frequently complicated systems â⬠that were in topographic point, ââ¬Å" in which academic personal businesss were separated from public assistance and counsel â⬠, ( Best et al, 1980, p. ( xi ) ) . In the publication The Pastoral and the Academic, Powers ( 1996 ) writes that in its early phases pastoral attention had been used as a manner to depict any undertaking that would non suit into the academic side of instruction, ( Power, 1996, p.30 ) . As it was defined chiefly in negative footings, it lacked internal coherency and organizing rules, ( Power, 1996, p.30 ) . So at that place seems to be this great oversight between both pastoral and academic, but some authors feel there is a demand to unite the two in an interlacing relationship so they can feed off each other to better public presentation of students ââ¬Ë well-being and faculty members. Hamblin feels that ââ¬Å" the relationship of pastoral attention to achievement can non be stressed excessively strongly ( Hamblin, 1981, p4 ) . There is a big sum of grounds that suggests PSHE has had a strong influence on students in both positive and negative ways. Such an illustration is the Ofsted review study into personal, societal, wellness and economic instruction in schools, which took topographic point between September 2006 and July 2009 in 165 kept up schools in England. In one school visited students responded positively towards PSHE instruction, ââ¬Å" exhibiting first-class behavior within lessons and had developed lively and joint debating accomplishments and were besides willing to listen to the positions of others â⬠, ( Ofsted, 2010 ) . The students besides showed their societal and personal accomplishments in practical ways by moving as function theoretical accounts and wise mans for younger students. The findings suggest that many of the schools with consistent and good quality learning were really much dependent on whether PSHE was taught by non-specialist instructors ( who were frequently coachs ) or by instructors who had had some preparation in PSHE instruction â⬠, ( Ofsted, 2010 ) . This analysis suggests the benefits from holding a strongly structured programme for PSHE lessons can help any type of coach deliver a lesson. There is grounds of negative positions towards pastoral attention picked up by Powers ( 1996 ) , Calvert ( 2009 ) and Hamblin ( 1981 ) . As discussed earlier, Hamblin acknowledges the under operation of pastoral attention, while Calvert explains there are seven ages of pastoral attention which have developed over the last 50 old ages. These are pastoral attention as ââ¬Ëcontrol ââ¬Ë ; as ââ¬Ëindividual demand ââ¬Ë ; as ââ¬Ëgroup demand ââ¬Ë ; the ââ¬Ëpastoral course of study ââ¬Ë ; for ââ¬Ëimplementation of the National Curriculum ââ¬Ë ; for ââ¬Ëlearning ââ¬Ë and for ââ¬Ëthe wider work force and the Every Child Matters docket ââ¬Ë , something Power besides picks up on in less item, ( Calvert, 1996, p 270-274 ) . It seems apparent that the function of the signifier coach, no affair how many significant alterations it goes through, one portion which remains critical and is agreed upon is the development of the students ââ¬Ë wellbeing, ( Rees, 2010, cited in Dillon & A ; Maguire, 2011 ) . This sentiment of ââ¬Å" personal development â⬠dealt with by Marland and Rogers ( 2004 ) is something that is besides picked up on by Keith Blackburn in Perspectives on Pastoral Care, depicting ââ¬Å" a new function created for instructors in secondary schools whose main accent was cognizing single students â⬠, ( Blackburn, cited in Best et Al, p.56 ) . Associating many of the Hagiographas is this impression of the academic and the pastoral working together alternatively of against each other. Best and fellow authors indicate in Perspective on Pastoral Care, that as far back as 1980 there is clear deliberation over the thought of segregating the pastoral course of study from academic as a questionable act and something that the ââ¬Ëgreat argument in instruction ââ¬Ë should hold picked up on but failed to so, ( Best et al, 1980, P ( xi ) ) . Chris Watkins suggests that ââ¬Å" schoolmasters and instructors should guarantee that pastoral attention in schools embodies a healthy balance between challenge and support for students â⬠, ( Best et al, 1995, p.304 ) The division of PSHE course of study devoted to either public assistance of students or their academic accomplishment is nonsensical, as the focal point on supplying for personal growing and accomplishment together is a better model for success, ( Standish et Al. 2006, cited in Dillon and Maguire 2011 ) something for which Watkins ( 1981 ) and Powers ( 1996 ) agree on. Mentioning back to the original inquiry posed, I feel it can be concluded that the signifier coach is genuinely cardinal to helping in the ââ¬Ëpersonal development ââ¬Ë of students in both well-being and academic attainment, ( Blackburn, cited in Best et Al, 1980, p.58 ) . It seems a common understanding that the responsibility of the signifier coach is to cognize the students as persons and help them in their ââ¬Ëpersonal development ââ¬Ë of these countries. It is besides apparent that the academic side of instruction is improved by such subjects taught in PSHE as discovered by Ofsted during their reviews, ( Ofsted, 2010 ) . However, it is good and works better if there is a structured programme in topographic point to work to. Unfortunately there is no easy reply to what constitutes an in agreement pastoral course of study. Everyone seems to hold similar thoughts about what should and should non be included ; nevertheless there are excessively many inconsistent thoughts to do a refined construction as yet, ( Calvert, 1996, p.268 ) .
Tuesday, July 30, 2019
Advanced Marketing course (MBA)
Question I: Explain the concepts of product line width, length, depth, and consistency. Use examples to support your answer. A product mix is a collection of a large variety of product lines. A product line is a group of items or products closely related and lie within a product class as the functions performed by them are similar, have the same group of customers, range within the given price or are advertised and marketed through the same channels or outlets. Every companyââ¬â¢s product mix encompasses certain width, depth, consistency and length. Product width: Refers to the number of different product lines carried by the company. For e. g. Unilever deals with food brands, home care and personal care products therefore it offers a product mix width of 3 lines. Product length: The total number of different items or products in a single product line refers to the product length for e. g. if we take food brands of Unilever then Best foods, Knorr, Birds Eye, Lipton and Ben & Jerryââ¬â¢s makes the product length of the specific product line of food brands. Product depth: The variants of each product in a product line refers to the product depth for e. . if we take Lipton, it comes in two formulations loose powder tea and tea bags as well as it also comes in different types such black tea, green tea and herbal tea, so this would mean that Lipton has a depth of 5, as it branches out in 5 different variants. Product consistency: How closely the different product lines are related to each other in use, requirements, production , c hannels and distribution or some other possible way for e. g. If we take Unilever then their goods are consistent in a way that all of their goods are consumer durable and are distributed through the same channel. Similarly they are less consistent as each of their goods serves different buyers and also perform different functions for them. Question II: In planning its market offering, the marketer must address the five product levels of the customer value hierarchy. Describe the ââ¬Å"customer value hierarchyâ⬠and identify the five levels of product contained within. Customer value hierarchy is an approach of viewing customer value. It is in a hierarchical representation telling us about how the customer relates and views a product. The customer value hierarchy is pyramid shaped with its base comprising of the basic customer value followed by the expected, unanticipated and desired levels. The five levels of product contained within it are as follows: Core benefit: This is the basic level. It actually refers to the benefit or the service the customer wants to have out the product he buys. Benefit providers, is how a marketer must see himself. Basic product: This is the next important level where the core benefit is converted into a basic product by the marketer. Expected product: The third important level where an expected product is created by the marketer. By expected product we mean a set of conditions or attributes expected by the buyer when he purchases the product. Augmented product: In this level such a product is created by the marketer which is far beyond the expectations of the customer and is referred as an augmented product. Brand positioning and competitions usually starts from this level in developed countries where as in developing countries like India competition starts from expected product level. Potential product: This level comprises of all the possible changing or augmentations the product gets to face in future. New ways of satisfying customers and distinguishing the product and its offering starts from this level. Question III: Explain the concept of a hybrid channel distribution system. When would this system be best utilized? When would this system not be beneficial? Hybrid channel distribution is when a marketer utilizes more than one or a multi channel distribution design. It is one of the most widely used and important channel distribution systems among the vertical marketing network. A single firm can easily cater multiple marketing segments by setting up two or as many marketing channels using hybrid channel distribution system. Firms mostly establish a hybrid system as multiple targets and segments can be approached. If we take the example of star bucks weââ¬â¢ll notice that it follows many distribution designs as they use direct retail system by selling to the stores owned by the company, selling through grocery stores following a single party selling system and also via direct mail following the direct marketing system. Also other distribution systems are utilized by the company. Hybrid channel distribution system works the best when a company serves a wider market and also the marketer knows what system suits the best to its customer way of doing the business. The Hybrid channel communication system carries a lot of potential for channel conflict, therefore in the case of conflicts; this multi channel system does prove to be that beneficial as it may result in improper channel utilization and blocking probabilities. Question IV: In designing a marketing channel system, the marketer must understand the service output levels desired by target customers. Channels provide five service outputs. List and briefly describe each of these outputs. In developing marketing channel systems, needs of the customers are analyzed, objectives of the channel are established and major channel alternatives are evaluated. The five service outputs produced by the channels are: Lot size: The quantity of items possible for the channel to make available to a customer on one occasion. For e. g. a wholesaler will always prefer a channel that can supply him a large lot size of units. Waiting and delivery time: The time taken by the channel to deliver goods to the customers. A customer normally does not like waiting a lot for receiving the goods and prefer a faster system. Spatial convenience: The extent to which the channel makes it convenient for its customers to receive the product. For e. g. if we consider TCS then weââ¬â¢ll notice that it has more offices situated in every area nearby and customers save a lot on transportation as compared to OCS which has less offices and dealers, therefore TCS offers more spatial convenience as compared to OCS. Product variety: The variety or the assortment breadth of the product that the channel offers to its customers. More variety is preferred by the customers as it increases their chance of finding what they are looking for or even better than that. Service backup: Any add on services that the channel provides to its customers such as delivery, installation, repair facilities etc. How good the service backup is, determines how good the channel performs. An increase in the channel cost also takes place for the customers in the case of greater service backup. Question V: The extraordinary growth of direct marketing can be attributed to many factors with both consumers and business are benefiting. List some of the factors that are contributing to the growth of direct marketing. Many factors are involved in the growth of direct marketing. The few most prominent ones are: Changing lifestyles is one of the most important factors that have made the customers accepted direct marketing. In these few years the number of women entering the workforce has increased tremendously. This trend contributed a lot to the growth of direct marketing as it became very inconvenient for working women to take time out and go for shopping. They could simply sit at home and select the merchandise of their choice and convenience through mail-order shopping and receive all kinds of merchandise at their home only via commercial television, mail, interactive television or via home shopping networks. The second most important factor that has increased the growth of direct marketing was the increase that has taken place in the cost of personal sales calls which has risen tremendously in the past few years making personal sale calls very expensive. Direct marketing methods have now made personal selling more cost effective. Another factor that has contributed a lot to the growth of direct marketing is technological growth such as computer based technologies. These technologies have enabled the marketers to be more accurate in the analysis of results, in creating advanced and better customer and prospect databases, better targeting of messages regarding complex demographics and psychographics and even in faster and better execution of packages by direct-mail. Another important factor that has made direct marketing more attractive than mass marketing is the quantity of available product and services has grown as through direct marketing a greater variety and number of products and services can be offered to a smaller group of prospects. Due to an increase in the use of telephones as a means to order has also helped direct marketing to grow and prosper as placing an order through a telephone results in faster order fulfillment and also makes the customer get rid of any delays connected with the mail order system. Question VI: Most companies set annual quotas. Quotas can be on dollar sales, unit volume, and margin, selling effort or activity and product type. Compensation is often tied to the degree of quota attainment. What problems does the setting of quotas present to both the company and to the sales representative? Sales quotas are set by a lot of companies to encourage and provide incentives to the sales representatives in order to meet their daily challenges and also to motivate them to work more effectively bringing out good results for the company. First a sales forecast is created by the company which becomes the basis of planning production, financial requirements and workforce size but the sales quotas create a lot of problems for the sales representatives and the company. Problems cause the company or the sale representative to suffer a lot for e. g. when the company underestimates and the sale representative is already pain then the company has over paid them. Similarly when the company overestimates the potential of the sales, it gets very hard for the sales representatives to match up to their quotas and eventually they get frustrated leading them to even quit at times. Another disadvantage is that often quotas ignore the service side of the business as it usually enables the sales representatives to get a lot of business. Another problem is that only short term results are gained by the company though providing customer satisfaction for a very long term. Due to all these problems faced by the company and the sale representatives most companies have dropped quotas and are adopting other systematic and proper means of attracting sales representatives to work at their best. Question VII: The new product development process starts with the search for ideas. New-product ideas can come from interacting with various groups and using creativity-generating techniques. List these techniques. New innovative product ideas can be created either by interacting with other people such as your own customers and getting their ideas or also by using creativity generating techniques for developing and enhancing creativity in individuals working for the company. These techniques are as follows: Attribute listing: In this technique each attribute of a product is listed and then modification is done to it. For e. g. f we take milk box, we can modify it by replacing the paper box by a glass bottle then it is painted differently and the cap is replaced by a cork etc. Forced relationships: Several ideas are listed then each idea is considered in relation to other ideas. For e. g. in designing a bed room, you consider a bed and a sofa as separate ideas. Then you think of getting a sofa bed that can serve both the purposes. Morphological analysis: It refers to listing every possible combination for creating many innovative solutions. For e. g. we take a problem like ââ¬Å"getting something cookedâ⬠. First think of the dimensions such as how well cooked like half cooked, full cooked or baked. Then think of the possible mediums such as stove, on fire or oven and the power source such as electric oven, gas over or electric stove. Reverse assumption analysis: This is done by noting down all the assumptions and the possibilities about an entity and then reversing them. For e. g. letââ¬â¢s take a cinema that plays a movie of the audience choice, charges for the movie and provide snacks. Now if we apply the reverse assumption analysis we will reverse every assumption. The cinema will now show any movie that the owner gets charges not for the movie but for sitting as long in the cinema and instead of snacks offers fast food. New contexts: Consider a familiar process and re-design it into a new context. For e. g. replacing people-helping services with animals such as cats and dogs. Mind mapping: Start with a thought such as food, note it down. Then note down the next thought that comes into your mind such as pizza. Then link both the thoughts that are food and pizza and think of the next association that will be Italy. Associate a new thought with every other word that comes up. Doing this might lead to a whole new idea. Question VIII: Explain the product or brand management organization and list its advantages and disadvantages. Only a company that produces different variety of products or the production capacity is beyond the ability or control of the functional organization establishes a product management organization. It however has another form of management but doesnââ¬â¢t replace the functional organization. A product category manager is under the supervision of a product manager. A product category manager manages and supervises specific brand and product managers. Product and brand management is sometime referred to as hub and spoke system with the brand manager in the center and managing various departments. The brand managers develop competitive strategies for the product, think of an annual marketing plan and predict sales, initiates improvements in the product to meet the changing needs of the market and also continuously work with advertising agencies for the promotion of their product. Advantages of product or brand management: A product manager always develops a cost-effective marketing mix A product manager always ends up reacting quickly to new and innovative products. Smaller brands produced by the company get a product advocate. Disadvantages of product or brand management: Lack of authority to product and brand managers in carrying out their responsibilities. Lack of functional expertise as they are only experts in their own product areas. High costs associated with the system as every major product or brand requires an individual to manage it. Even minor products and brands are catered by different individuals. Brands are usually managed by the brand managers for a short time which leads to short term planning and fails in developing long term strengths. Itââ¬â¢s harder for the management to develop a national strategy due to the fragmentation of the markets. Product and brand managers are more focused towards gaining the market share for the company rather than developing healthy customer relationships.
American Criminal Justice Systems and Functions
Criminal justice is the system of legislation, practices and institutions used by the federal, state and local governments to maintain social order by controlling crime and punishing those who violate the set laws with criminal penalties. In the past, the society had their own ways in which they controlled behavior of individuals and groups so that social order would be achieved. Most societies were controlled by norms, beliefs and values which ensured every individual or group confirmed to the societal set values. The indigenous societies sanctioned the members who did not conform to the societal values and norms.Type of sanction differed from society to society. In some societies, those who violated societal values by engaging in criminal and deviant behavior, for instance, rape, the individual in most societies was perceived as bad omen and the sanction included communication from society or burning the person into ashes. The sanctions encouraged conformity in the society (Cole, 1 999). In the modern times, norms still control behavior in some societies by immigration and intercultural interactions have limited the behavior control through norms.America in particular is inhabited by people from different nationalities and cultures and therefore becomes the ideal control tool for crime. American Criminal Justice systems present a uniform system that control behavior of individuals regardless of race, religion, culture or ethnic group and hence assist in maintaining social order in the American society. The Criminal justice policy in the United States has been guided by the 1967 presidentââ¬â¢s commission on law enforcement and administration of Justice which issued initial reportâ⬠the challenge of crime in a free society.â⬠The commission advocated a ââ¬Å"systemsâ⬠approach to criminal justice. The Presidentââ¬â¢s commission defined criminal justice system as the means for society to ââ¬Å"enforce the standards of conduct necessary to protect individuals and the communityâ⬠(Cochranc, Melville and Marsh, 2004; Feinman, 1994) In America, the law enforcement agencies include police prosecutors, courts, defense attorney and corrections which are concerned with arrest, charging adjudication and punishment of those found guilty hence maintaining social order.In the ancient time, especially in the Middle Ages, common forms of punishments included exile, payment to victim in case of violent crimes, lack of payment attracted harsh penalties like corporal punishment in form of mutilation, flogging and sometimes execution. The present criminal justice systems try to ensure fairness and justice. Past data indicate that the society in US did not respect police as law enforcers until 1920. s when the police adopted new technology and placed emphasis on community policing following urban unrest.Introduction of comp stat in 1990s, in the police departments has assisted the police to track criminals and the criminal justice system hold police responsible for dealing with crime problems. The interaction between the police and the community through community policing has assisted in tracking criminals. Criminal law in America involves persecution of an individual by the government for committing an act that has been classified as a crime. Most crimes in the United States are established by local state and federal government.In a criminal case, the state through a prosecutor initiates the law suit and the offender jailed authorized to pay a fine or both. In American Justice System, crime may be classified as felony or misdemeanor. Felony includes serious offences like rape and murder which attract one or more yearââ¬â¢s imprisonment. Misdemeanors include such crimes like petty theft which attract less than a year imprisonment as a way of correction. However, before any act is considered crime, it has to be established by statute or common law (Walker, 1993).Scholars have contributed a lot in the Ameri can Criminal justice system. Scholars through providing courses in criminology and psychology assist in explaining why some individuals engage in criminal behavior and classify different types of crimes like organized crime, white-color crime and juvenile crime. Sociologists have put forward classical conflict and positivist theories that explain why crime occurs and give remedies on how to curb the crimes and control further c criminal cases in the society. In America, crime is defined, classified, graded prohibited and punishable by the state.Criminal law in America is distinguished from all other kinds of law because it carries it the moral condemnation of all society. All crimes are an injury against the society because the society as a whole through its legislatures has made of collective judgment that certain behaviors are harmful to the societal interestsââ¬â¢ (Walker, 1993) In the recent past, there have been occurrences of violent crimes which have promoted the governmen t to revise and classify c criminal acts. American legislature has classified the crimes in different categories and they attract different punishments.Treason, sedition and espionage are crimes that are committed against the state. The crimes indicate non-patriotism of the offenders and the government controls such crimes for the protection of natural security. Most offenders who are found guilty of the offence receive heavy punishment, for instance, corporal punishment which may include execution depending on the intensity of the offence. Murder, manslaughter, rape, kidnapping, assault and battery are crimes that are committed against persons. These crimes too fall under felony and the state ensures there is societal order and uniformity.The state punishes the offenders with the objective of protecting the persons against violence. Burglary, arson and home invasion are classified as crimes against habitation with the aim of protecting the safety and security of oneââ¬â¢s home. The crimes too are considered felony and must be discouraged to ensure harmony in the society (Cole, 1999; Parker, 2006; Cochranc, Melville and Marsh 2004). Theft, larceny, robbery, vandalism, forgery, extortion, fraud and embezzlement are classified as crimes against property and are controlled to protect private property. Protection of property ensures there is harmony and order in the society.Disorderly conduct vagrancy, incitement too riot, motor vehicle offences and alcohol and drugs are classified as crimes against public order and are controlled to protect public peace, order and safety. Resisting arrest, obstruction of justice, bribery, escape and contempt of court are classified as crimes against administration of justice by legislature and are controlled to preserve honesty and efficiency of public administration. Prostitution, sodomy, obscenity, incest, indecent exposure, gambling alcohol and drugs are classified as crimes against public morals and they area controlled to ensure tradition morality is maintained.This will ensure that the society is morally upright. Bestiality and animal abuse are crimes against nature and the crime is regulated to maintain public health. Pollution, fishing and hunting, smoking and toxic waste dumping in America are crimes against environment and the state regulate them to preserve public health and natural environment. All crimes in US are ââ¬Å"ownedââ¬â¢ by the state which does prosecution in its own name to maintain societal order and harmony. Police are the first grouped the offender encounter first in criminal justice system (Walker, 1993; Cole, 1999). The police do investigation and arrest the offender.After the arrest the criminal is taken to court where justice is administered through court ruling. A prosecutor who acts on behalf of state then makes accusation of the individual against the state in criminalsââ¬â¢ proceedings. The offender through his/her attorney can justify his innocence before a judg e or panel of judges or jury. In America, plea bargaining is allowed where the accused is given reduced punishment when he pleads guilty. In some cases, the justice system in America like any other justice system is prone to bias discrimination which is a threat to objective decision.After the curt ruling the offender is turned to correctional authorities when found guilty (Walker, 1993; Cole, 1999). In America, prisons are meant to reform criminals hence viewed as the best correctional authority. In America, the offenders may be required some set amount of fine to be set free or in conjunction with imprisonment. In the recent past, probation has become common where the individual mobility is limited together with opportunity to commit a crime while in prison; the prisoners are equipped with various manual skills that will assist then to live a productive life after prison.Also, there are other prisons where the prisoners are given religious ethics to assist them reform positively. Death penalty in America is rarely administered as many activists have argued that it violates the human rights of the criminals. American court system is based on English statutes. In the court, four groups are involved in criminal case proceeding. These include the offender, prosecutor, judge or panel or judges or jury and the attorney. American legislature is responsible for enacting statutes, for example criminal law which govern conduct of individuals, groups or organization.American court system is governed by rules of procedure. The criminal cases in the court require special contribution safeguards for the accused. In a criminal case, the party that brings a case is called the prosecutors and the person sued is called defendant. The American legal system allow defendant to be represented by a lawyer who should protect the interests of the person. If one cannot afford a lawyer, the state provides a lawyer. A jury in American court system listens to the evidence and determines the outcome based on substantive law as instructed by a judge.The judge in American court system acts as a reference by enforcing the rules and explaining the applicable law. Criminal court system in America is on top of the thirteen individual state judicial systems. The American constitution contains very little about criminal law. Criminal law is the collection of rules that identifies behavior that is condemned by the government with the aim of protecting the health and safety of American citizens and the state punishments with violation of the set rules (Feinman 1994; Parker, 2006). American criminal justice system is sometimes viewed to be unfair.Some cases of unfairness are genuine especially when there is discrimination based on race, religion and ethnic group. However, some cases of unfairness are based on misconception or due to conflict of law criminal. Most criminal defendants are not incarcerated for their crimes, not because the state lack resources to finance impriso nment, but because their offences are not insufficiently serious to warn imprisonment. Most crimes are directly related to lack of education, homelessness, mental illness, drug addiction, alcohol addiction, lack of proper parenting as opposed to evil motive.Therefore many judges, defense attorney and police officers are aware of the cause unless they are new in the career. However, American criminal justice advocate for constitution follow-up (Cole, 1999; Cochranc, Melville and Marsh, 2004). Judges in criminal cases act universally in a conservative manner. This means that most judges will not risk political fall out or destruction of their professional career for the sake of safeguarding individual defendantââ¬â¢s rights. Conservative ruling usually involves following constitution and state statute. It may also be based on public policy over settled constitutional and statutory law (Walker, 1993).In the American criminal justice system, it has been noted that 90% of criminals pl ead guilty hence trials are rare. Prosecutors in the criminal justice system represent the state and not individuals together with the judges. But judges represent the state in a different capacity from the prosecutor. Defense attorney represent the defendant rights. Jury is known to represent the people hence prosecutors prefer trial ââ¬âby judge while defense attorney prefer trial by ââ¬â jury (Cole, 1999; Parker, 2006) In conclusion, American criminal justice system is controlled by the American constitution and differs in the various states.The system is mainly meant to maintain order in society. References Cochrane, J. , Melville, G. , & Marsh, I. (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. London: Routledge. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=108764949 Cole, D. (1999). Discrimination and Denial: Systemic Racism in Ontario's Legal and Criminal Justice System, 1892-1961. Canadi an Journal of Criminology, 41(3), 428. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=5001287719 Feinman, C. (1994). Women in the Criminal Justice System (3rd ed.). Westport, CT: Praeger Publishers. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=15255576 Parker, M. (2006). Asphalt Justice: A Critique of the Criminal Justice System in America. Journal of Comparative Family Studies, 37(3), 479+. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=5016038470 Walker, S. (1993). Taming the System: The Control of Discretion in Criminal Justice, 1950-1990. New York: Oxford University Press. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=97471694
Monday, July 29, 2019
Review of David Crabtree lecture Assignment Example | Topics and Well Written Essays - 500 words
Review of David Crabtree lecture - Assignment Example The third concept was that of knowing about learning in order for the teachers to be able to meet every childs need in terms of learning and reaching their potential. 2) Teachers have to know about learning so they can work out the learning differences with the young people they are working with and also adopt and change their teaching to suit the young peopleââ¬â¢s needs. 4) The disability social structure is such that the society disables people because it orders things in some way that not all people get access. It is the society to make changes and not the individual with special needs. 6) The legal framework is that if a child with disability is not educated to their potential or suffers discrimination in some way then they have a right to sue. The teaching standards are that a teacher needs to have the skills, ability and training to effect change and have an understanding of all pupils including those with special needs. 10) Funding was initially based on individual needs but now schools receive a global fund for all children with needs that require special attention, not considering whether they have had an assessment or not. 19) All teachers must be trained on cognition learning in order to be able to identify areas that they need to help in and also know how to deal with various issues that arise in the course of their teaching. 20) Transition arrangements are necessary in enabling the teachers to undergo the various trainings and ample time to learn the skills they need in order to teach children with special needs in the right way. This lecture aims at providing detailed information on inclusive learning and ways of helping young people who have special needs in reaching their potential. The information was obtained by David Crabtree through becoming a teacher trainer for teachers who teach children with special needs, especially dyslexia. The observation made was that teachers needed more training in order to be able to
Sunday, July 28, 2019
Essay on Intellectual Disability Assignment Example | Topics and Well Written Essays - 750 words
Essay on Intellectual Disability - Assignment Example Explaining on, Henley et al (2009; p.32-34) state that ââ¬Å"this classification process assumes that assigning a student a categorical name implies knowledge about the characteristics of the student's learning problem.â⬠This means that the essential reason for labeling students is to help educators in quickly or easily identifying the students by their disability level so that the needed support can be given to them outright. Because of this, there are traditional labels such as mild, moderate and severe intellectual disability. The question that has however revolved around most circles of educational literature is whether or not labeling has lived to its purpose and whether or not labeling is still relevant today. Foreman (2009) and Thompson et al (2009) approach the subject from their own perspectives. Without any doubt the two writers under review through a lot of point for the practice of labeling of students with disability. In the case of Thompson et al (2009) for insta nce, the writers revisit the fact that for the sake of successful classification or labeling to take place, educators have always been very particular with measurement exercises. Foreman (2009) also mentions that labeling or classification leads to support enhancement. Clearly if for the sake of labeling educators will be very serious with academic measurement exercises, it means that there will be a true reflection of what each and every student represents and what each and every student made up of so that eventual placement for educational and professional courses will be effective. Again, once students with mental disability are labeled, if helps in dishing out the most precise and prescribed support for their educational needs. Indeed there is a traditional saying that a drug used to treat boils cannot be used to treat stomach ache. This is to mean that treatment that is needed by a student with a certain level or degree of mental disability will not be appropriate for a student with a different degree of mental disability. From this perspective, both groups of writers admit that labeling is useful. The concerns of the writers however do not end with the fact that labeling has its own advantages. The writers delved very deep into the potential disadvantages of scrutinized the argument whether or not the essence of labeling is being carried out in modern schools successfully. Out of the scrutiny, the writers raise the awareness that labeling may have some advantages but the practice has actually out lived its usefulness. They also hold the view that labeling is wrongfully being applied and that the needed methodical approaches are not being followed in the use of labeling of mentally disabled students. In one breadth, Thompson et al (2009) seriously question if there are no more accommodating means of identifying students with mental disability and giving them the support they need other than labeling. The simple reason that the writers advocate this is tha t labeling is lately taking away the essence for which it was institutionalized. For instance by the mere fact that students are labeled, they become widely set apart from their colleagues and the natural world around them. It must not be forgotten that the fact that students have some degrees of mental disability does not mean they are total non-functional. This means that such students would definitely have questions for themselves as to why they are being set apart. This way, instead of helping
Saturday, July 27, 2019
Does Spelling Transparency Affect Visual Word Recognition And Short Essay
Does Spelling Transparency Affect Visual Word Recognition And Short Term Memory - Essay Example Before this is attained the logographic stage represents a group of arbitrary symbols without any meaning. When the alphabetic stage is attained (phonological recoding), transparent languages, as Italian, Greek and Spanish where a 'd' sounds like a 'd', the assembled pathway or assemble phonology is opened. It is not 100% infallible. The inconsistencies in the phonological recoding will mean that reading development will not be at the same rapidity for each language. A European study was completed of 14 European languages. It was found that "more transparent the language, the quicker students acquired logographic to phonemes (Ziegler, 2010). There were two other studies completed to confirm the findings. The socio-cultural behavioural differences were limited by taking similar cities which taught bilingual cultures. These two studies having taken into account the socio-cultural difference confirmed the findings of the European study. One study was done in Montreal where English and F rench are taught and in Whales where parents have a choice of sending their children to a Welsh or English speaking school. There is a relationship between those children, who have an understanding of a phoneme, rhyme or syllable, and those children who have better reading skills (Natasza 2010) "While early phonological awareness deficits do not have a strong influence on children's later reading development, deficits in sequential naming speed measure do. The deficits will require use of different lexicons to have a high level of spelling accuracy." (Landerl, Wimmer , 2008) In transparent languages, acquisition of the alphabetic stage comes more easily. (Ziegler 2010) A conclusive example are the two Japanese written... This paper stresses that it has been shown that spelling transparency is determined by the accessibility of the grapheme to phoneme association and its link to creating words. It has been demonstrated that there are different degrees of transparencies from Italian to Kanji where a "d" is a "d" and where a language stay completely in the logographic stage. The more transparent a language is the more access a reader has to an addressed process and to fewer lexicons thus easier comprehension to visual recognition. If a language is opaque and has a complex morphological system, the channeling processes requires the development of address processes and at least two lexicons. Visual Recognition takes longer. This report makes a conclusion that the phonological short term memory has been treated separately because of the importance of phonetic awareness and the effect on dyslexic children. The different mapping and lexicons have been shown to be an integral part of spelling transparency thus one can conclude that Spelling transparency effects word recognition. One can conclude that Spelling transparency has an effect on phonological short term memory for non cognitive impaired subjects. In assembled phonology, priming is stronger with pseudohomophones. and other lexicons must be used in addition to the phonological lexicon in order for words to be more easily recognized in transparent languages by their phonological components. French is a transparent language but there are many homophones.
Friday, July 26, 2019
The Importance of Study Skills Essay Example | Topics and Well Written Essays - 500 words
The Importance of Study Skills - Essay Example mber anything at school not because they are lack of abilities but because they dont know how to concentrate on the information that they need to learn. Second of all, it is important to be able to remember what you concentrate on, so mnemonic is also a basic study skill. It allows a student to learn information the way that it will remain in the students brain for a long period of time. The skill is important because it creates a certain database in students mind, which develops his critical thinking and erudition. Hence, ability to concentrate and mnemonic are the most effective study skills required for all students. However, in order to be able to perceive information properly, a pupil has to be capable of collecting the most important core points from what he or she listens and reads, so effective taking of notes is also a very useful study skill. Note taking allows a student to focus on the most crucial aspects of each topic and subjects that he perceives during lessons and outside the classroom. Moreover, it is important for students to take notes in order to be able to remind themselves the main points of the learned material whenever he needs it after lessons. Also, effective reading is the skill that maintains efficient learning and helps a student to remember information for a longer period of time. Furthermore, effective reading skills are absolutely useful in any kinds of learning activities, as most of the activities require reading. Being able to read huge amounts of texts and perceive its meaning properly is going to be convenient not only within the classroom but also in life in general. Hence, study skills are very important not only for studying process and getting good grades, but for multiple activities outside the classroom, including successful studying in future professional
Thursday, July 25, 2019
Cheyenne Native Americans Research Paper Example | Topics and Well Written Essays - 750 words
Cheyenne Native Americans - Research Paper Example The paper tells that the Cheyenne comprise of two tribes i.e. the Tsà ©tsà ªhà ©stà ¢hese and the Sà ³'taeo'o. Members of the Algonquian family had a common territory (present-day Saskatchewan province) and language.à However, in the mid 16th century, they began their southwestward migration in pursuit of buffaloes and game. However, prior to this, the Cheyenne resided alongside the Missouri River in Minnesota. There is evidence that they were ardent farmers who also made ceramics and artifacts. After losing a battle with the Hidatsa and Mandan tribes, they were driven off to the plains. This is when they took up buffalo hunting and occupied the area that comprises of modern-day Wyoming, Kansas, Colorado, Nebraska and South Dakota. Consequently, their housing units changed from earthen lodges to ââ¬Ëtipisââ¬â¢, temporary houses made of buffalo hide. This tribe was further subdivided into ten bands and four leaders were appointed from each band. In addition, there was a council of elders that comprised of forty-four elected men. The council convened on a regular basis to deliberate on tribal affairs. Authority was deeply centralized, and the Cheyenne people were united by ritual ceremonialism and the famous ââ¬ËSun Danceââ¬â¢ was the main climax. ââ¬ËSacred arrowsââ¬â¢ was another ceremonial ritual and this was undertaken whenever the Cheyenne people waged tribal war. The Cheyenne have a rich cultural heritage which is characterized by religious beliefs, ceremonies, religious practitioners, traditional medicine and veneration of the dead. Aside from the sun dance and arrow dance, there are three other significant ceremonies. These include Mahut renewal, Isiwun and animal dance. Death and life are deemed a spiritual process. A good life automatically results in a good death. Conversely, an evil life leads to malevolent spirits who are bound to torment the living. Hence, the Cheyenne really advocate for a good life. Indian tribes includin g the Cheyenne welcomed the European settlers into America and even taught them survival tactics. Unfortunately, this cordiality was short-lived and the White settlers began to acquire their land. Initially, this was done via treaties but with time the Cheyenne were forcefully evicted from their territories. They were driven off to barren land that was unwanted by the European settlers. As stated above, treaties were the initial means of acquiring Native American territorial land. One famous treaty is the 1851 Laramie Treaty. The Cheyenne were represented in this treaty between US government representatives and Native American tribes. Several resolutions were made and they include the following. First, a truce was reached between warring rival tribes. Secondly, each tribe was to receive $50,000 per annum for 10 years as compensation for their land. Third, the US government gained the right to build infrastructure on native land. The white settlers were also assured of peace when the y traveled along the Overland Trail. Fourth, maps were demarcated to show areas where the tribes were allowed to hunt and fish. Subsequent treaties had well-established reservations for Indian tribes. The mid-seventeenth century was characterized by massive immigration of European settlers into America.
Wednesday, July 24, 2019
Daughter from danang Essay Example | Topics and Well Written Essays - 250 words
Daughter from danang - Essay Example The movie depicts how at every stage of her life, Heidi had to face untold miseries on account of circumstances related to of her birth, abandonment by the parents, and the cultural clashes to which she was exposed to. Her destiny was linked to the destinies of two nations. On being sent to America with the consent of her mother, primarily for safety considerations in Vietnam, she was adopted by a single mother, in a township of Pulaski, Tennessee. As she reached adulthood, her relationship with the adopted mother deteriorated and she began intense search for her own mother. She succeeded in her efforts, got a link to her whereabouts and came to know that she lived with her half-siblings. Heidi decides to visit her at the native homeland, notwithstanding the deep cultural differences. The plot of the movie is not smooth-sailing one, but full credits to the producer, they maintain a non-judgmental approach and it involves several questions for which satisfactory solutions are difficul t to find. Her birth mother has abandoned Heidi, and it is not expected of her to show love and sympathy for her.
Pacific Northwest History Essay Example | Topics and Well Written Essays - 500 words
Pacific Northwest History - Essay Example The potential for conflict existed because of the agricultural bounties in this largely unexplored region such as thick coniferous forests that can support a large timber industry (ideal for shipbuilding too), lumber for commercial uses, an almost unlimited supply of fur, to include sea otters and the very rich fishing grounds, particularly the chinook salmon considered by many as ââ¬Å"pink goldâ⬠that served as a crude currency for barter (Merchant 97). There was also another reason for staking a claim: geopolitics. America, flush from its relatively recent victory in its war for independence, was eager to spread its wings and this was expressed in its expansionist aspirations via a political philosophy of ââ¬Å"Manifest Destinyâ⬠. The belief was that America was destined to expand across the North American continent, that is primarily westward from the Atlantic coast to the Pacific seaboard to include Canada, Cuba and Mexico, even parts of Central America. These territorial ambitions were advanced as obvious or readily apparent (manifest) and inevitable or inexorable (destiny) but this came into conflict with Great Britain that also explored this US region known as British Columbia. Viewed from this perspective, the joint occupancy served more as a diplomatic course to exploit the regions riches and avoid a war for resources of which the two countries fought briefly, between 1812-1815 known as the War of 1812. This particular war was actually part of the larger Napoleonic wars in Europe between Great Britain and Napoleon of France. This was actually a modus vivendi (a diplomatic accommodation of a temporary nature) despite the political, cultural, economic or cultural differences for the sake of expediency. Incentives for suing peace were very much evident because neither side could gain an upper hand either in territorial gains or military supremacy. The larger
Tuesday, July 23, 2019
An analysis of Vitamins a short story by Raymond Carver Essay
An analysis of Vitamins a short story by Raymond Carver - Essay Example Patti attests to it herself on claiming that in early years of her youth, it is something she would not figure herself doing or one that occurs to be a last resort. While it generally sounds to be freaking a hell out of the female characters in Patti, Sheila, and Donna, the storyteller being the only guy among them exhibits the opposite or passive role in relation to the three. His function appears to serve a neutralizing effect in the middle where similarities reflect across the intertwined lives of the three women who have spanned control of themselves beyond his weak influence at providing comfort. As an irony in the theme, the vitamins sold by Patti, Sheila, Donna, and the hospital where he works are altogether symbolic of a prevention or cure to sickness however, as these characters remain attached to their conventional situation, the routine with vitamins and hospital augments the conflict and no resolution is found in the absence of external intervention or consideration of po ssible alternatives that would shift the level of personal undertaking for each. (2) Do the main characters' personalities, behavior and goals change during the story? If so, how? Significant change is not evident in the outlook and the way by which the narrator manages getting confronted by the challenges set by Patti. He briefly states in the beginning that Patti was first unemployed and by deciding to reverse this fate and give herself respect on working to sell vitamins makes positive hint or direction at progress from the initial condition as Patti even reaches the point of having people put under her supervision. This status, nevertheless, becomes unfulfilled since the state of economy and consumerism turns out not in favor of supplement acquisition, implying that in reality there exists a number of concerns far more worthy of savings and investment than vitamins are. In the manner R. Carver channels the thoughts and observations of the narrating main character, a reader can f eel a degree of needing to promote an element of transformation in his life as well as how this might impact that of Pattiââ¬â¢s. As the story proceeds to gather the cast in a Christmas party to somewhat alleviate and enliven the dull, sickening mood with the bad economic trend of vitamin business, Sheila triggers rivalry with the male narrator yet escapes to make way for Donna in weaving new circumstances for Pattiââ¬â¢s lover. A sense of seduction through Donnaââ¬â¢s character takes the storyteller to an attempt at infidelity, leaving his fed-up partner to yield to a momentary space and grasp beyond the world with Patti in a newer dimension at Off-Broadway with Donna. Somehow, he develops another perspective in an appreciation of Khaki who seems to love his work as a bouncer, as opposed to Patti. Clearly, this event suggests that he is up for a change or for something to challenge his way out of the lifeless endeavor and depressed mode of living. At the instant Nelson com es over with Benny to lure Donna with money and gradually snatch here away from him, he allows a couple of moments to pass as if no real peril lurks. Here,
Monday, July 22, 2019
A key issue that was faced by the New Testament Church Essay Example for Free
A key issue that was faced by the New Testament Church Essay Examine a key issue that was faced by the New Testament Church (Prostitution). Could these arguments used in the first century be used by the Church of today for this problem? Prostitution is the performance of sexual acts solely for the purpose of material gain. Persons prostitute themselves when they grant favours to others in exchange for money, gifts or other payments and in so doing; use their bodies as commodities. In legal terms, the word prostitute refers only to those who engage overtly in such sexual-economic transactions, usually for a specific sum of money. Prostitutes may be of either sex, but throughout history, the majority have been women, reflecting both the traditional socio-economic dependence of women and the tendency to exploit female sexuality. Although prostitution has often been characterised as the worlds oldest profession, the concept of women as property, which prevailed in most centuries until the end of the nineteenth century, meant that the profits of the profession most often ended up in the hands of the men who controlled it. Men have traditionally been characterised as procurers and customers, but during the latter half of the twentieth century, they are increasingly being identified as prostitutes themselves, who generally serve male customers and sometimes impersonate women. The Torah (Law) had little to say on the subject of secular prostitution. It prohibited parents from dedicating their children as sacred prostitutes, but there is nothing to tell us whether its authors would have objected equally to the ideas of a master making his slave-woman a secular prostitute or even a father doing so with his daughter. There are two references to secular prostitution in the Old Testament, which offer any details as to how it was regarded. In both cases, an unmarried women is understood to have chosen this course of action on her own and thereby brought disgrace on her father. In one passage, a priests daughter who plays the harlot is condemned to be burned for having profaned her father (Leviticus 21:9). One may think that she is part of her fathers household, either as not yet married or as a divorced or widowed woman. Her activity threatens the state of purity vital to the household, since its food comes largely from the altar of the temple. In Deuteronomy (22:13-21) a man charges that his wife was not found to be a virgin on her wedding night. If this were true, she would be stoned for having played the harlot in her fathers house. In other words, she has engaged in sexual intercourse when she ought to have been guarding her virginity carefully in order to be a suitable bride. In the process, she has exposed her father to shame of having misrepresented her state in negotiating her marriage. It is not clear from the passage that she actually receives payment for her services; the point seems to be, rather, that she has deprived her father and her prospective husband of their rights in her. What was wrong with prostitution, from the perspective of ancient Israel, was not so much the giving or receiving of payment for sexual intercourse as it was the removal of sexual intercourse from the framework of property and hierarchy which normally contained it and ensured that it was placed at the service of the family. Such an interpretation is made explicit in a more extensive critique of prostitution found in Proverbs. After warning the reader against the wiles of the loose woman, the author contrasts the positive ideal of possessing a wife with a negative prospect of wasting ones resources on a courtesan (Proverbs 5:15-23). Having said that, one cannot treat wisdom literature as if it were the same genre as legislation. It is clear that Proverbs agrees with the Torah in understanding prostitution, as violation to Gods will, not merely as something to be avoided for prudential reasons. Still, the justification offered for the prohibition is intrusive as to the ethical framework in which the prohibition itself belonged. Prostitution was wrong because it stood outside the normal patriarchal system in which the male head of the household owned one or more women as sexual partners. As such, it threatened the interests of the family. The man might feel that he had received full value for his expense, but the family gained nothing at all from his patronising of the prostitute. His action, therefore was a betrayal of his responsibilities, since he existed not to gratify his own desires but to maintain and enhance the fortunes of his fathers house. What the Torah and Proverbs agree upon then is the condemnation of those who place personal gratification ahead of family duty. The Torah condemns the unmarried woman who prefers sexual pleasure above her obligations as a good daughter of the household who must preserve her marriageability, which is, indeed the familys investment in her. Proverbs condemns the man who spends family resources on private pleasure. He should marry a woman and be content with the sexual pleasure he receives from her. Proverbs was concerned to make the prostitute sound as unscrupulous and unattractive as possible. The Torah was speaking to the woman who was trying to behave as an unattached individual in pursuit of pleasure while still remaining under the protection of her father. According to the Torah, prostitution, though a slightly less serious crime than adultery, was wrong insofar as it represented the triumph of individual gratification over against the principle of subordination to the family. The matter of prostitution receives very little attention from the Gospel writers, but it appears in a significant pronouncement of Jesus. The tax collectors and the prostitutes, he said, were entering the Kingdom of God ahead of respectable religious leaders (chief priests and elders) because they believed the preaching of John the Baptist (Matt 21:23-32). Since John preached repentance (Matt 3:2) one may suspect that prostitutes ceased to be such when they came to believe the message. It proves difficult, however, to be certain. The tax collectors presumably did not cease to be tax collectors (In Luke 19:1-10, the tax collector Zacchaeus, upon his conversion, gave half of his property to the poor and made amends to those he has defrauded). A prostitute would have found it singularly difficult to emerge from her low place in the community. We know little about them in Jewish times. In the contemporary Gentile world, however, most of them were slaves, who could not legally abandon their status. Even free prostitutes, if poor, would have had only the most limited of options, since they would not have been acceptable as wives. Our own presuppositions, then, may perhaps dictate whether we think of these women as giving up prostitution or not. Luke 7:36-50 sees Jesus anointed by a public sinner. While she is not labelled as a prostitute, it is one conclusion that could be possibly said about her. Jesus accepts her intentions, contrasts them favourably with those of her host, the Pharisee, and finally says, Her sins, many as they are, are forgiven because she has loved much (7:47). This does not tell us what Jesus preferred prostitutes to do, but it does suggest that he did not make grace conditional on prostitutes escaping her place in society. The most significant thing is that Jesus held them up to the religious leadership as a model of repentance for them to follow, thus implying that the respectable are not unlike the prostitutes in respect to sin. Since Jesus held them up as a religious example, we may guess that although he took prostitution to be ethically wrong, he followed the example of Proverbs in appointing blame to the man who visited the prostitute more than to the prostitute herself. Paul has little to say about sexual ethics in his main doctrinal statement, the Epistle to the Romans, except the forceful identification of sexual immorality with humanities alienation from God (Romans 1:24-27). However, in his letters to the other churches he is forced to address the topic because of the behaviour of certain individuals in those churches, particularly at Corinth. The Christians at Corinth produced highly divergent interpretations of what the Gospel demanded in the way of sexual ethics, ranging from libertinism to a complete rejection of both marriage and sexual intercourse. It is probable that the libertine party at Corinth had adopted slogans such as All things are permitted and Food is for the belly and the belly for food (implying that sexual intercourse is as uncomplicated an expression of natural desire as eating is). Paul argues that the body of a Christian belongs to Christ. Therefore, all sexual expression, then, must take Christs ownership into account. Sex with a prostitute might seem to establish no relationship at all beyond the brief one required for the sanctification of desire. Paul claims that every sexual act between man and woman established a union of flesh, like that of marriage. In other words, the prostitute and the man, who has used her, actually belong to each other for the duration of their sexual intercourse, though not beyond. In Pauls own terminology, the relationship thus established is one body; but in the terminology of Genesis, it is a relationship of one flesh. Paul insisted that the man who had intercourse with the prostitute was not unchanged by that act. However, it was destructive of ones spirit; the relation to Christ and to God: Every sin that a person commits is outside the body, but the man who uses harlots is sinning against his own body. (1 Corinthians 18-20) It is evident that where Proverbs discourages a man from using prostitutes because he belonged to his family, Paul discouraged it because he belonged to God. The body, the person as a whole, is the spirits temple, into which other forms of worship must not be introduced. One might well ask, then, whether the implication of this line of reasoning is not, finally, to forbid sexual intercourse altogether.1 From whichever interpretation or opinion one adopts, as a Christian, or more to the point, as human beings, it should be understood that the use of prostitutes or the actual act of prostitution is both morally and ethically wrong. It is a sin against God, in that it undervalues the gift of love, through intercourse, given to us by God, and moreover, it shows a lack of respect for the body and minds of others. BIBLIOGRAPHY Cave, S The Christian Way, Nisbet and Company Limited, 1963 Countryman, L.W Dirt, Greed and Sex, Fortress Press, 1988 Hays, R.B The Moral Vision of the New Testament, Harper Collins Publishers, 1996 Manson, T.W Ethics and the Gospel, SCM Press Limited, 1960 1 Countryman, L Dirt, Greed and Sex p205
Sunday, July 21, 2019
Arguments for and Against Juvenile Courts
Arguments for and Against Juvenile Courts Introduction In the United States we have two parallel systems that deal with individuals that commit crimes and or offenses against society. First we have the criminal justice system, a court which deals with adults who commit various crimes. Secondly, we have the juvenile justice system, a court designed especially for minors and is generally thought to help rehabilitate the offender. The salient difference between these two systems, as Mitcheal Ritter puts it, is the use of distinct terminology to refer to their similar procedures. State and federal legislatures intended this terminological variation to avoid stigmatizing children as criminals and to dissociate the juvenile system from the criminal justice system (Ritter 2010, 222). The major issue I intend to look at it is whether or not we should abolish the juvenile justice system. First, we will look at the position of keeping the current system, why it needs to stay in place, and why in the long run it is the most beneficial to the juvenile. Second, we will examine the research of Barry Feld, one of the most influential advocates on why it needs to be abolished because of the lack of constitutional rights that a juvenile does not receive while being tried under the Juvenile justice system. Thirdly, I will be looking at each partys positions and critiquing it to see it what the strong and weak points are. Finally, I will present my own opinion on whether to keep it, abolish it, or create a whole new system altogether. Presentation of Position A: Do Not Abolish the Juvenile System To try a juvenile in adult court is by no means the right decision. In this section we will look at evidence and arguments on why the juvenile justice system should not be abolished. Juveniles are different from adults and therefore should not be allowed to stand trial in the criminal justice system. Children are not well enough developed mentally, as compared to an adult, to be tried in the adult correctional system. This is why many people take the stance, no way should we get rid of the juvenile justice system. The director of the states (Washington) Bureau of Juvenile Detention Services is seeking to keep 16- and 17-year-old offenders out of the states criminal justice system (McNeil 2008). To lock up a child in an adult correction facility is by no means the right idea even if they are separate from the adults. If a juvenile commits an adult crime like robbery, theft or in most cases drug crimes, a quick fix is to incarcerate that individual in an adult prison to punish him and protect society. While this may work for adults, it is inappropriate for a youth. Advocates argue that we must keep the juvenile justice system because many studies also have found that significantly harsher punishments are meted out to juveniles in adult court when compared with juveniles in juvenile court, particularly for serious or violent offenses (Kurlycheck and Johnson 2010, 727). Sending a juvenile to adult court at such a young age can be problematic for the child, because the court wants to be strict with the child by showing them that their behavior will not be tolerated and because in adult court the child will miss out on educational and rehabilitative programs more readily available in juvenile detention facilities. Kurlycheck and Johnson argue that Juvenile courts are characterized by disposition optio ns that fundamentally differ from adult courts in their symbolic meaning, punitive and treatment alternatives, and punishment goals (2010). In a study in Pennsylvania, Kurlycheck and Johnson compared a sample of juveniles tried in juvenile court with juveniles who were transferred to adult court and showed that the adult courts were harsher on the juvenile: On average, their sentences were 80 percent more severe than for their young adult counterparts (Kurlycheck and Johnson 2010, 729). Juveniles should not be allowed to be tried in adult court because studies have shown that many juveniles function at levels similar to disabled adults who lack competence; not because of diagnosable mental health problems, but because of developmental immaturity (Katner 2006, 507). The theory that sentencing a youth to an adult prison will reduce recidivism and hope that the experience will scare him straight, is invalid. Research shows that experiences with adult jails and prisons show that those facilities may instill fear but are otherwise emotionally-and often physically-dangerous for youth (Butler 2011, 114). Finally, Frank Zimring argued that young law violators are less culpable, and thus deserve less punishment-no matter what kind of court might try and sentence them (Kurlycheck and Johnson 2010, 729). Kurlycheck and Johnson also confirm what Katner is saying by explaining that adolescents are at psychosocial disadvantages in terms of responsibility, peer influence, temperan ce, and perspective; they are less able to foresee future consequences of their actions (Kurlycheck and Johnson 2010, 729). Youths in the detention system have an average IQ of 85, as compared to the national average of 100, and about 60% in detention meet the criteria for at least one mental disorder (Butler 2011, 111). Research by Howard N. Snyder, Ph.D., director of Systems Research at the National Center of Juvenile Justice, shows that 68% of committed males were diagnosed with a mental health disorder, and research indicates that the percentage is greater for females in commitment facilities, 50% of committed males had a substance abuse diagnosis (Katner 2006, 509). If a youth has a mental illness then it is our responsibility to address those needs. A state has no right to refuse adjudicated juveniles. It is the juvenile justice systems legal and ethical responsibility to admit them, and make provisions for their safe and secure care and treatment (Smith 2012). The American Public Health Association found in their Cox proportional hazard study that better mental health services reduced the risk of initial and subsequent juvenile justice involvement by 31% (Foster, Qaseem, and Connor, 2004) and had stronger results with more serious offenders. Their findings said that improved mental health ser vices reduced the risk of juvenile justice involvement (Foster, Qaseem, and Connor, 2004). We must remember that the juvenile justice system is meant to reduce recidivism, help the individual with their struggles, and integrate them back into the community. When a juvenile offender is reintegrated into the community after a year being counseled, treated, and taught, the community is safer than it would be if that same delinquent youth were incarcerated for five years and released with no preparation to respect himself and society and to avoid repeating the same behavior. In Missouri, for example, only 8 percent of juvenile delinquents return to the justice system within three years; the national average is over 50 percent (House 2010). Decreasing recidivism has both immediate and long-term benefits. It has been estimated that juveniles who become adult offenders cost society between $1.5 and $1.8 million each (Macomber, Skiba, Blackmon, Esposito, Hart, Mambrino, Richie, Grigorenko 2010, 224). Therefore, successful education is one of the most important tools that a juvenil e can have while locked up. According to the Journal of Correctional Education, quality education and successful employment is viewed, unequivocally, as the most powerful tool in recidivism reduction, rehabilitation of juvenile delinquent [à ¢Ã¢â ¬Ã ¦]into a socially productive, healthy, and happy adult (Macomber, Skiba, Blackmon, Esposito, Hart, Mambrino, Richie, Grigorenko 2010, 225). However, the article does note that the level of education that is delivered to juveniles while incarcerated is nationally recognized as being far from as effective as it should be. Society wants our youths to succeed, be successful, and be normal members of society. That is why many advocates believe in keeping them out of the criminal justice system because they want to help bring these individuals back into society. Advocates for this system believe that juvenile justice systems are the best because once a juvenile is locked up in an adult correctional system, that individual will have a criminal record that follows them for life, which would not be the case if they had been tried in family court (McNeil 2008). Once a child is labeled as a criminal in society (labeling theory,) not only will it be hard for him to apply for a job with his adult criminal record, he will also carry the label of criminal over his head while back in society. Presentation of Position B: Abolish the Juvenile System In this section we will be looking at why it is a good idea to abolish the juvenile justice system. Barry Feld is one of the major advocates for abolishing the juvenile justice system. He believes the system should be thrown out because juveniles are frequently not afforded their constitutional rights in juvenile court. Barry Feld, a law professor from the U of M and an expert on the juvenile justice system, says the juvenile justice system needs to be abolished. He claims that within the past three decades, judicial decisions, legislative amendments, and administrative changes have transformed the juvenile court from a nominally rehabilitative social welfare agency into a scaled-down, second-class criminal court for young people. These reforms have converted the historical ideal of the juvenile court as a social welfare institution into a penal system that provides young offenders with neither therapy nor justice (Feld 1997, 68). In light of these failures, Feld is proposing that the juvenile court be integrated into the traditional criminal court system. Feld talks about how the juvenile justice system lacks constitutional rights for youth offenders. Several important Supreme Court decisions help change and shape the criminalization of the juvenile court. In the case of In Re Winship,the court required states to prove juvenile delinquency by criminal laws standard of proof beyond a reasonable doubt (Feld 1997, 73). In the U.S. Supreme court case of In Re Gault, the court said that juveniles accused of crimes must be afforded many of the same rights that adults get. These rights would be the 5th amendment of right against self-incrimination, the 6th amendment right to confront witnesses, the right to timely notification of the charges and the right to be represented by an attorney. Even though the Supreme Court ruled this way, Feld says that lawyers seldom appeared in juvenile courts and when the juvenile was on trial the judges did not advise juveniles of their rights and did not appoint counsel (Feld and Schaefer 2010, 330). Feld ci tes two associations, the American Bar Association and American Children at risk, that reported that many youths in the juvenile justice system were not represented by counsel and of the lawyers who represented juvenile lacked adequate training and failed to provide competent representation (Feld and Schaefer 2010, 330). If this would happen in the criminal justice system, the case would risk dismissal or being overturned on appeal. Even if a juvenile does have a defense lawyer, many attorneys seldom if ever appeal the decision of the juvenile court judge. Judges are continuing to allow juvenile rights continue to be trampled upon by allowing juveniles to waive their right to an attorney without allowing them to consult with one of their parents or an attorney. Feld and Schaefer say that in most states, judges gauge juveniles waivers of rights by assessing whether they were knowing, intelligent, and voluntary under the totality of the circumstances test. They rejected special procedures for youths and endorsed the adult standard to evaluate juveniles waivers of Miranda rights. When a juvenile is arrested or brought into custody, he should not be allowed to talk to anyone unless his parent or lawyer is present. Feld wants both the criminal and juvenile system to be combined into one in hopes to reduce many constitutional violations, such as a juvenile waving his right to Miranda warnings. He says that many juveniles do not understand a Miranda warning or counsel advisory well enough to make a valid waiver (Feld and Schaefer 2010, 331). This is a major risk for first time offenders because they may not know what they are agreeing to. Juveniles who have gone through the system before may start to get a grasp on the concept of Miranda about as well as adults but substantial minorities of both groups failed to grasp at least some elements of the warning (Feld and Schaefer 2010, 331). To help reduce these constitutional violations, Feld believes that state courts should adopt sentencing guidelines for juveniles, which now exist only in adult courts (Furst 1991). Feld believes that many sentences are based on where the juvenile lived than the crime (Furst, 1991). In Felds study, urban criminals face stiffer penalty, he found that urban juveniles receive harsher sentences for the same crimes than their rural and suburban counterparts (Furst 1991). Felt said that urban courts detained youths that were charged with felonies around the time; rural counties detained them one-tenth of the time and suburban counties one-thirteenth (Furst 1991). Feld says that no reasons exist to believe that rural youths are more competent than urban juveniles to waive legal rights, but rural judges appoint attorneys far less often than do their more formal, urban counterparts (Feld and Schaefer 2010, 332). Feld says that juveniles are very immature and lack a lot of experience. They requ ire the assistance of counsel to understand legal proceedings, to prepare and present a defense, to negotiate guilty pleas, and to ensure fair adjudications (Feld and Schaefer 2010, 350). How is it fair that adults can have lawyers present at their trial and not juveniles? He says that increased efforts to have lawyers present at juveniles trials have remained the same. Feld says that with his data from 1994 and 1999 have predicted the outcome for youths to receive attorneys present at trial. The data is quite surprising that youths convicted of felony and status offenses show a decrease in odds of representation, whereas youths convicted of misdemeanor offenses show an increase in the odds of having an attorney (Feld and Schaefer 2010, 349). One of the most important rights we have in our judicial system is the right to a jury trial. However, Feld argues is that while the right to a jury trial is a crucial procedural safeguard when states punish offenders, the vast majority of jurisdictions uncritically follow McKeivers lead and deny juveniles access to juries (Feld 1997, 87). When judges and juries apply Winship, the reasonable doubt standard, differently, it allows them to convict youths more easily in juvenile court than in adult criminal court with the same evidence. Feld say that the constitution as well as state juvenile statutes allow delinquents to have formal trials with attorneys present. But in reality the actual quality of representation that the juvenile receives is far from optimum. One of his reasons for abolishing the juvenile justice system is because the criminalization of juvenile courts, most states provide neither special procedures to protect youths from their own immaturity nor the full panoply of adult procedural safeguards. Instead, states treat juveniles just like adult criminal defendants when treating them equally places youth at a practical disadvantage (Feld 1997, 87). Feld argues that some scholars believe that rehabilitative juvenile court or a juvenile version of a criminal court simply will not work as their supporters intend (Crawford 2001). Because of this, Felt proposes that an integrated criminal court would be a better solution. He believes this model is the best because society recognizes youths as being less mature and more susceptible to peer influence (Crawford 2001) so the court could offer what he calls youth discounts for sentencing. This would take into consideration the youths age and apply it towards his crime. In his model he is not talking about crime reduction, remove what he considers to be the drama of waivers to adult courts (Crawford 2001). Feld claims it will remove double talk and hypocrisy because justice officials claim rehabilitation as their goal when the reality of their actions is coercion and punishment (Crawford 2001). As long as the youth discount is integrated into the criminal court system, it can provide yout h offenders with better legal protection, ensure they are granted the same constitutional rights that adults get, and most importantly, that juveniles would receive humane consequences from judges. Feld agrees that youths do deserve shorter sentences compared to adults when being tried for comparable crimes. However, there does not need to be separate courts for this. Feld says that the juvenile court system will not survive because it represents a temporary way-station on the road to substantive and procedural convergence with the criminal court (Feld 1997, 132). For both of these court systems to work, Feld says there must be an integrated criminal justice that formally recognizes adolescent as a development continuum may effectively address many of the problems created by our binary conceptions of youth and social control (Feld 1997, 132). Critique of Positions Advocates for the juvenile justice system believe that juveniles should have their own court system. In order for the juveniles to be properly protected, educated and rehabilitated, there cannot be two systems. Many juveniles are not sufficiently mentally developed to stand trial in the adult court system. Recall that The American Public Health Association said that better mental health services reduced the risk of initial and subsequent juvenile justice involvement by 31% (Foster, Qaseem, and Connor, 2004). Once the juvenile entered the detention center and was given appropriate care and treatment, the risk of juvenile justice involvement in the future was reduced. Many advocates argue that we must keep the juvenile justice system because many studies à ¢Ã¢â ¬Ã ¦ have found that significantly harsher punishments are meted out to juveniles in adult court when compared with juveniles in juvenile court, particularly for serious or violent offenses (Kurlycheck and Johnson 2010, 727). The study said that of the juveniles tried in adult court, about 80% received harsher punishments compared to their youth counterparts. In order for us to have fair trial systems we cannot try youth with the same standards of adult. Advocates also believe that a juvenile should not be locked up in any adult facility because it would set the child up for more harm from stronger and more powerful adults. Research has shown that experiences with adult jails and prisons show that those facilities may instill fear but are otherwise emotionally-and often physically-dangerous for youth (Butler 2011, 114). I do not see any advantage to put a juvenile in the same cell or facility of another adult. The juvenile justice system is meant to rehabilitate the offender, not make him worse. We want the child to come out better than when he went in. In the adult court the minor would leave with a criminal record which could negatively affect his chances at getting a job once released. In juvenile court their record is usually protected. I do agree with what Feld says about having a juvenile be granted his constitutional right to an attorney, jury trial and correct understanding to Miranda warnings. He makes a big case about how juveniles are rarely granted these rights. I strongly agree with Felds statement regarding this. Many of these youth are waving their right to an attorney without the knowledge of what the consequences might be. Because some judges are allowing this to happen in the juvenile court, Feld make a convincing argument for these youth to be tried in an adult court. This may prevent any further constitutional violations. If an adult was treated this way, the case would have a high probability of being thrown out. If a juvenile is not granted these rights, there is no way he can expect a fair trial. Feld is correct that courts need to follow In Re Winship and In Re Gault. These are the rights granted to the juvenile, for a judge not to follow them would be unprofessional and most of all unconstitutio nal. Feld says that the juvenile court system will not survive because it represents a temporary way-station on the road to substantive and procedural convergence with the criminal court (Feld 1997, 132). I do not agree with this at all. In the juvenile justice system is designed help rehabilitate the offender, if the system is to work correctly; it will not be a temporary way-station. I do recognize that there are some fall backs to the system, but it needs to be run correctly. The idea of youth discounts, if implemented correctly could work. However judges might over abuse their power towards the juvenile. These youth discounts would be totally up to the discretion of the judge. This could pose a problematic issue for the youth if the judge does not follow the guidelines of youth discounts. If judges cannot follow constitutional guidelines of Winship and Gaulti do not believe they would be able to follow a rule of youth discounts. Feld has a good idea behind his youth discounts, however I do not believe judges would follow these rules. His last argument is that youths do deserve shorter sentences compared to adults when being tried for comparable crimes. If the juvenile system is abolished this concept would have to be enforce. I still see it being problematic for the child to serve time in an adult facility. We want to rehabilitate the child, not solely focus on punishing him or her. There is no telling how this system would be implemented. A judge could use this power to unfairly sentence certain youth to longer sentences the he deems necessary. As I have stated earlier, juveniles have different maturity and educational levels compared to adults. That is why many of these youths still need to be tried in a system where a judge is specialized in juvenile crimes. Authors Position Now that we have had a chance to examine the arguments for and against abolishing the juvenile system, our issue is which side should we take and why? It is difficult to pick one side, and therefore I propose a hybrid version. Using strengths from both sides, I believe we can come to a conclusion that will be most beneficial for the juvenile, and our court system, and one that will meet constitutional standards. In order to accomplish all of this we will be looking at concepts, resources, and management. Applying all three of these criteria we will be able to see why the combination of them will result in the best outcome. We will be ending the juvenile system as it currently exists, but instead of getting rid of it all together, there will be some changes to the adult system to help incorporate these new guidelines. As I have stated multiple times above, our concept of the juvenile justice system is to rehabilitate the offender and get the child ready to be brought back into society again. If the juvenile justice is to work correctly it would give the juvenile the necessary skills to be brought back into society. Society accepts this concept because the juvenile is still young, and society is willing to give that individual another chance. Society believes this because the juvenile is put under the obligation to grow himself/herself to be fitted to the perceived values of the society. If this is done successfully, the concept of rehabilitation has worked successfully Currently the juvenile justice system needs to be combined with parts of the adult system to work effectively. Mainly, the concept of having a fair trial is something all adults get in adult court. The juvenile justice system offers the minor educational and mental help through trained and effective services; something that the adult court rarely offers. It has also been stated that the juvenile dentation centers are better at offering rehabilitate skills through classes such as anger management which is essential to any delinquent wanting to enter society again. If the juvenile was just thrown into an adult correction facility, there is a slim chance that he would have access to the proper education that he would need. It is unlikely that the adult system has classes targeted for their needs. As I have stated earlier from the research, juveniles are far less mental and educationally developed compared to adults, that is why a system to house juveniles is still the best system. The a dult system houses individuals from 18 on up. If the delinquent is rehabilitated in a facility with individuals his own age, this might provide a better learning environment. The adult system is more focused on punishing the individual for their crimes and second, to possibly rehabilitated the adult offender. In a juvenile dentation center, their main goal is to rehabilitate the offender, not solely punish them for their crimes. Therefore, the juvenile justice system must take into account the opportunity to grow as a good person without any kind of stigma attached. Part of their rehabilitative process might involve apologizing to the victim. This would result in no father threat to the victim, and help the offender to know the impact of his crime. The last concept is if the juvenile is to be properly rehabilitated he needs to be in a safe environment, one that is targeted for his age group and level of education. While in the detention center, he or she is given the chance to learn and be properly educated, a skill that he or she might not have received while in the outside world. Barry Feld makes a convincing argument for abolishing the juvenile justice system with his argument that it does not afford the juvenile his constitutional rights. He believes that in order to fix this issue, the juvenile justice system need to be abolished and merged with the adult system. We are using Felds idea to merge the system but not abolish the resources and many benefits that come with the juvenile justice system. We will be using not one system but a hybrid of both. We must think of it as a system that only exists on paper not in different court systems. To award trial by jury, Miranda warnings, and the right to counsel only to adults does not represent a fair and balanced justice system. Juveniles must have the same rights that adults are entitled to. If an adult was arrested, questioned by police, brought to court without legal representation and informed the judge of all these violations, the case and evidence would be thrown out. That is why when creating this hybrid system we are using Felds resource of the adult court to create a new justice system for juveniles to ensure they are awarded all the rights adults are. First and foremost, juveniles must be accorded their constitutional rights. Juveniles are by definition young, inexperienced, and not as mentally and emotionally developed as adults. Special protections must be given to them to insure that they are granted their rights. Judges are continuing to allow juveniles to waive their right to Miranda when many are not aware of what they are without a parent or legal advisor. Juveniles who have gone through the system before may start to get a grasp on the concept of Miranda about as well as adults but substantial minorities of both groups failed to grasp at least some elements of the warning (Feld and Schaefer 2010, 331). Even if a lawyer was appointed, they (the lawyer) seldom appeared in juvenile courts and when the juvenile was on trial the judges did not advise juveniles of their rights and did not appoint counsel (Feld and Schaefer 2010, 330). Feld makes a major point of In Re Winship and In Re Gault (discussed above) to prove that even though these are laws exists, many courts overlook or ignore them, ultimately denying juveniles their rights to a fair trial. Constitutional rights cannot be overlooked, which is why I believe Felds argument of abolishing the juvenile justice system as it stands has merit, and the advantages of the adult system must be incorporated, without the negative consequences to juveniles. I propose that no juvenile be allowed to waive his Miranda rights without first consulting with a court appointed attorney. I further propose that no juvenile be allowed to waive his right to attorney, as can be done in adult court. Every juvenile should be represented by an attorney throughout the case. I propose that the juvenile have the right to a trial by jury in all felony offenses. If the offense is a misdemeanor or gross misdemeanor, the juvenile would still be tried before the juvenile court judge. In both misdemeanor/gross misdemeanor and felony level offenses, however, the dispositional alternatives would be within the traditional juvenile court system. There would be no adult sentencing in any misdemeanor/gross misdemeanor offense, and no adult sentencing for felony level offenses without the juvenile being certified to stand trial as an adult. Without good dispositional alternatives, we will not be able to make our hybrid juvenile system work. I am using this hybrid system to represent all non-serious crimes. One of the most important systems that needs to be retained is the educational system. As discussed earlier, successful education is one of the most important tools that a juvenile can have while locked up. If this is eliminated any hope of rehabilitating the juvenile goes out the window. One of the main goals of the juvenile justice system if to reduce the recidivism rate and to rehabilitate the individual with the skills necessary to return them to society. This will require enhanced special education opportunities. Many of the juveniles who are incarcerated have an average IQ of 85, as compared to national average of 100. So, even if they did attend public school, one study put their literacy skills [à ¢Ã¢â ¬Ã ¦] at least one standard deviation or two years behind (Macomber, Skiba, Blackmon, Esposito, Hart, Mam brino, Richie, Grigorenko 2010, 225) their school mates in the same grade. To make sure this educational program will work, part of what I am proposing is that the court must require these individuals to participate. Math and reading are generally key important educational programs, but the detention facility also needs to offer other programs such as anger management, developing social skill, and educational classes on a variety of areas that the juvenile might lack. If the juvenile does not agree to these terms and conditions, they will be tried in adult court and sentenced to the adult correctional facility. It is not just education that many of these juveniles lack. Some 68% of committed males were diagnosed with some kind of mental health disorder, along with 50% of committed males having a substance abuse diagnosis. If these juveniles were put into the adult program, these issues might not ever be recognized or if they were, risk a high chance of never being treated. We need to provide adequate psychological support services to those who need them. If a youth has a mental illness then it is our responsibility to address those needs. A state has no right to refuse adjudicated juveniles. It is the juvenile justice systems legal and ethical responsibility to admit them, and make provisions for their safe and secure care and treatment (Smith 2012). If these mental issues are treated right now versus in the future, it very well might drastically reduce the recidivism rate. It has been estimated that juveniles who become adult offenders cost society between $1.5 and $1.8 million each (Macom ber, Skiba, Blackmon, Esposito, Hart, Mambrino, Richie, Grigorenko 2010, 224). This will ultimately be a substantial saving to the taxpayers, free up the jail for serious offenders, and get juveniles the help that many of them desperately need. One of the
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